Applicability of Federal Procurement Regulations to Proposed Formation of Program for Sharing Foreign Investment Insurance and Reinsurance Risks

An advance decision was requested concerning the applicability of federal procurement statutes and regulations to the agency's proposal to form an unincorporated group, including itself and members of the private insurance industry, for the purpose of pooling risks under the agency's program of foreign investment insurance. The proposed program involves contractual arrangements which are in the nature of cooperative agreements. Since the agreements would not be contracts for the procurement or supply of personal property or nonpersonal services, they are not subject to the Federal Property and Administrative Services Act or to its implementing regulations.