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Partner Nation’s Needs Partner Nation’s Needs State Defense Implementing Agencies President Congress State Defense Implementing Agencies President Congress.

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Presentation on theme: "Partner Nation’s Needs Partner Nation’s Needs State Defense Implementing Agencies President Congress State Defense Implementing Agencies President Congress."— Presentation transcript:

1 Partner Nation’s Needs Partner Nation’s Needs State Defense Implementing Agencies President Congress State Defense Implementing Agencies President Congress Defense Articles and Services Defense Articles and Services LOA “Actionable” LOR “Actionable” LOR

2  Security Assistance Management Manual (SAMM), DSCA 5105.38-M Security Assistance Management Manual (SAMM), DSCA 5105.38-M  DSCA Policy Memoranda DSCA Policy Memoranda  Financial Management Regulation (FMR) 7000.14-R, Vol. 15, Security Cooperation Policy  MILDEP Specific Policy Manuals  Navy: NAVSUP Publication 526 (Foreign Military Sales Purchaser Supply System Guide)  Army: AR 12-1 (Security Assistance, Training, and Export Policy)  Air Force: AFMAN 16-101 (International Affairs and Security Assistance Management)

3  Department of State  Defense Security Cooperation Agency (DSCA)  Defense Finance and Accounting Service (DFAS)  The Joint Chiefs of Staff  Combatant Commanders (CCDRs)  Security Cooperation Organizations (SCOs)  Industry  Implementing Agencies (IAs)

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5 Congressional Notification and Reporting Congressional Liaison Policy Development DSAMS SCIP Community Automation Budget Allocation FMS Trust Fund Trust Fund Management Country Program and Financial Management Humanitarian Assistance and Mine Action Regional Center Executive Agent Training and Education Letters of Offer and Acceptance (LOAs) LOA Processing LOA Writing (post Mar 07)

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10 SAMM C5.T2 Implementing AgencyLOA Code U.S. ArmyB U.S. NavyP U.S. Air ForceD National Security Agency (NSA)M National Geospatial-Intelligence Agency (NGA)U Defense Logistics Agency (DLA)R Defense Information Systems Agency (DISA)C Defense Contract Management Agency (DCMA)F Defense Threat Reduction Agency (DTRA)Z Missile Defense Agency (MDA)I Defense Security Cooperation Agency (DSCA)* *No active cases at this time. Q

11 Partner Nation DSCA, IAs, MILDEPS Ambassador Combatant Command Country Team Industry

12 Letter of Offer and Acceptance (LOA) Document used by USG to sell defense articles, services (including training), and design/construction services to a foreign country or int’l organization FMS Case Signed LOA + subsequent revisions (amendments and modifications) Case Identifier  Unique code that appears on every LOA (and all associated revisions)  Used on all financial and logistics transactions for the life of the case

13 BN-D-YCY Country Code (SAMM C4.T2) Implementing Agency (IA) Code (SAMM C5.T2 and Green Book 5-21) Case Designator (SAMM C5.F6 and Green Book Table 6-1)

14 SAMM

15 SAMM C5.T2 Implementing AgencyLOA Code U.S. ArmyB U.S. NavyP U.S. Air ForceD National Security Agency (NSA)M National Geospatial-Intelligence Agency (NGA)U Defense Logistics Agency (DLA)R Defense Information Systems Agency (DISA)C Defense Contract Management Agency (DCMA)F Defense Threat Reduction Agency (DTRA)Z Missile Defense Agency (MDA)I Defense Security Cooperation Agency (DSCA)* *No active cases at this time. Q

16 Textbook p. 6-7

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18 §47(6), AECA MDE list in SAMM, Appendix 1

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21 Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Closure Reconciliation Typically 2 years from supply/services complete Closure Reconciliation Typically 2 years from supply/services complete Execution Articles, services, training Performance reporting and expenditures Longest phase Execution Articles, services, training Performance reporting and expenditures Longest phase Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Case Development SAMM C5 Case Development SAMM C5 Case Implementation, Execution, & Closure SAMM C6 Case Implementation, Execution, & Closure SAMM C6 Pre-Case Development SAMM C4 and C5 Pre-Case Development SAMM C4 and C5

22 Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Closure Reconciliation Typically 2 years from supply/services complete Closure Reconciliation Typically 2 years from supply/services complete Execution Articles, services, training Performance reporting and expenditures Longest phase Execution Articles, services, training Performance reporting and expenditures Longest phase Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Case Development SAMM C5 Case Development SAMM C5 Case Implementation, Execution, & Closure SAMM C6 Case Implementation, Execution, & Closure SAMM C6 Pre-Case Development SAMM C4 & C5 Pre-Case Development SAMM C4 & C5

23 Non-U.S. Sources Non-U.S. Sources FMS U.S. Commercial Export U.S. Commercial Export Needs Minister of Defense Bandaria = U.S. Source Arms Export Control Act (AECA) U.S. Source Arms Export Control Act (AECA)

24 Internet News media Publications Air trade shows Visits and observer missions U.S. site surveys/ other assessments Military-to-military contacts Attendance at U.S. military schoolhouses U.S. Defense Contractors Security Cooperation Officer (SCO) Department of Defense

25 Non-U.S. Sources Non-U.S. Sources FMS U.S. Commercial Export U.S. Commercial Export Needs Minister of Defense Bandaria = U.S. Source Arms Export Control Act (AECA) U.S. Source Arms Export Control Act (AECA) SCO

26 Life-Cycle Cost Operation and Support System Acquisition Production System Research and Development ABC Milestones 10% 30% 60%

27  Review military capabilities and make recommendations for meeting SC objectives  Comprehensive survey of military capabilities  Specific program needs  Generally funded by an FMS case  Personnel from USG, host nation, and industry

28  Recommendation from Security Cooperation Reform Task Force (SCRTF)  Helps translate country capability needs into well-defined Letters of Request (LORs)  Not a replacement for SA Survey Teams  More in the Actionable LOR lesson SAMM C2.4.2

29 Non-U.S. Sources Non-U.S. Sources FMS U.S. Commercial Export U.S. Commercial Export Needs Minister of Defense Bandaria Letter of Request (LOR) =

30 Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Closure Reconciliation Typically 2 years from supply/services complete Closure Reconciliation Typically 2 years from supply/services complete Execution Articles, services, training Performance reporting and expenditures Longest phase Execution Articles, services, training Performance reporting and expenditures Longest phase Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Case Development SAMM C5 Case Development SAMM C5 Case Implementation, Execution, & Closure SAMM C6 Case Implementation, Execution, & Closure SAMM C6 Pre-Case Development SAMM C4 & C5 Pre-Case Development SAMM C4 & C5

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32  Equipment may be leased for up to five years when  Partner Nation’s own equipment is being refurbished  Partner Nation is “test driving” the equipment prior to deciding on a purchase  Partner Nation has an urgent requirement that cannot be met through a purchase  Article is not needed by the DoD  Partner Nation pays all delivery and maintenance costs

33  No specific format  Must be in writing – verbal requests documented in official memorandums or meeting minutes  Partner nation ensures LOR is complete  Must identify intended recipient unit for any defense articles/services purchased with Foreign Military Financing (FMF)

34  Services Considerations  Description / type of service  Period of performance / location  DoD or U.S. contractor  Case/program reviews  Training Considerations  Type / level of training  Number / skill level of students  Proposed location and dates  DoD or U.S. contractor  Training program concept  Support Considerations  Operations Concept  Maintenance Concept  Supply Concept  Initial Spares  Support Equipment  Facilities / Site Survey  Publications  Warranties  Follow-on Support  Delivery Considerations  Freight forwarder  Pilot pickup  DTS Port of Debarkation (POD)  Air or surface  General Info / Special Considerations  Purchaser  Related purchases / MOU or MOA  Commercial negotiations  Transparency / special reports  Interoperability  Acceptance time frame  International solicitation  Major Item Considerations  Quantity  Item identification / description  Intended end use  Model / configuration  Desired delivery date  Acquisition Considerations  Pre-negotiations  Sole source  Offsets  Financial Considerations  Funding source / availability  Payment Schedule/Initial Deposit  Financial Waivers Total Package Approach Total Package Approach

35  Ensures that FMS purchasers can obtain support articles/services required to introduce and sustain equipment  Complete sustainability package offered to purchaser when preparing P&As or LOAs  Items considered in TPA: training, initial support, technical assistance, ammunition, publications, follow-on support, etc.

36 SELECT http://www.disam.dsca.mil/

37 Identifies EDA. Not a checklist. USG access only – see SCO for help.

38 Air Force commodity specific checklists

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40 Bandaria Combatant Command U.S. Embassy/ Security Cooperation Office Implementing Agency (IA) Implementing Agency (IA) DSCA Congress Action to: Copy t o : Action to:

41  Coordinated position of senior U.S. Embassy leadership in support of a proposed sale  Criteria for CTA to accompany LOR:  Likely to result in Congressional Notification  First introduction of a new capability for the country  Requests for defense articles or services of a sensitive nature (see SAMM C5.1.4.2)  Upon request by DSCA (Operations Directorate)

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43 Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Closure Reconciliation Typically 2 years from supply/services complete Closure Reconciliation Typically 2 years from supply/services complete Execution Articles, services, training Performance reporting and expenditures Longest phase Execution Articles, services, training Performance reporting and expenditures Longest phase Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Case Development SAMM C5 Case Development SAMM C5 Case Implementation, Execution, & Closure SAMM C6 Case Implementation, Execution, & Closure SAMM C6 Pre-Case Development SAMM C4 & C5 Pre-Case Development SAMM C4 & C5

44 Navy International Programs Office (Navy IPO) Naval Supply Systems Command (NAVSUP) Weapon System Support (NAVSUP WSS-N52) Naval Education Training Security Assistance Field Activity (NETSAFA) Deputy Assistant Secretary of the Army for Defense Exports & Cooperation (DASA-DE&C) U.S. Army Security Assistance Command (USASAC) - Huntsville USASAC-New Cumberland Security Assistance Training Field Activity (SATFA) Army Corps of Engineers Deputy Under Secretary of the Air Force/International Affairs (SAF/IA) Air Force Security Assistance and Cooperation (AFSAC) Directorate Air Force Security Assistance Training (AFSAT) Squadron

45  Ensure consistency with Theater Security Cooperation objectives and technology security policy  DSCA sends LOR (and CTA, if required) to JS/J5 and OUSD (AT&L (IC))  Comments within 10 working days  Does not replace disclosure requirements

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47 [§36(b)(1), AECA]

48 NATO, NATO countries, Japan, Australia, South Korea, Israel, New Zealand LOA Development Statutory (Formal) Notification 1 2 3 5 4 6 6

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50 2015 Congressional Calendar

51  Same dollar thresholds and notification periods as FMS sales, except one additional requirement:  $1M for USML category I items (small arms.50 cal or less)  Congress can adopt joint resolution objecting to sale  President may require specific sales be made through FMS channels [§36(c), AECA]

52 Standard DoD system used for LOA development and LOA implementation Implementing Agency LOA Data (LOAD) DSCA Case Writing Division (CWD) Security Cooperation Information Portal (SCIP)

53 1. Defined Order LOA 2. Blanket Order LOA 3. Cooperative Logistics Supply Support Arrangement (CLSSA) 4. Pseudo LOA

54  IA identifies specific defense articles/services  IA conducts LOA data analysis  IA submits the requisitions  Typically used for:  Weapon systems (MDE/SME) + initial support  Classified/sensitive items  Explosives, including munitions  Specific services (transportation, aircraft ferry, etc.)  Technical Data Packages (TDP)  Command, Control, Communications, Computers, Intelligence, Surveillance, and Reconnaissance (C4ISR)

55  Category of material/services – specific items or quantities not identified  Purchaser normally determines case value  Requisitions submitted by purchaser, preferably through SCIP  Typically used for:  Classified pubs may be a stand-alone line on a blanket order case  Follow-on spares/repair parts  Minor mods/alterations  Unclassified software  Technical assistance services  Supplies (fuel, personnel items, etc.)  Support equipment  Publications  Reparables  Training  Training aids

56  Preferred method for many purchasers for follow-on support for spares/repair parts  DoD can buy stock in anticipation of demands – purchaser makes “equity” investment in DoD supply system  DoD-stocked non-SME items (no services); not used for initial provisioning of spare parts  Purchaser receives treatment similar to U.S. and other FMS purchaser activities with equal supply priorities

57  U.S. transfer of defense articles or services authorized by a Building Partner Capacity (BPC) program  Uses FMS LOA infrastructure to administratively manage the transfer  BPC programs are funded with USG appropriations

58 Afghanistan Security Forces Fund (ASFF) Build Capacity of Foreign Security Forces (2282)* DOD Counter Narcotics (§1033 & 1004) Coalition Readiness Support Program (CRSP) BPC Programs SAMM C15.T2 SAMM C15.T2 *formerly Building Capacity of Foreign Military Forces, NDAA§1206, FY06-FY14 European Reassurance Initiative (ERI) Program

59 GROUPAOD (goal is to offer 85% of LOAs after LOR is received) TYPE OF CASE A45 DAYS (or less)Blanket Order LOAs, Training LOAs, CLSSA LOAs B100 DAYS (or less)Defined Order LOAs C150 DAYS (or more)Defined Order LOAs (1 st time purchase, engineering/system integration, unique acquisition, complex pricing, detailed disclosure coordination, extensive coordination) D60 DAYS (or less)All Pseudo LOAs USG response time depends on type of case, complexity of the program, and clarity/completeness of customer’s LOR USG response time depends on type of case, complexity of the program, and clarity/completeness of customer’s LOR

60 State Department State Department Implementing Agency (IA) Implementing Agency (IA) DSCA-CWD DSCA HQ & IA

61  Cover Page  Line Item Information  Estimated Cost Summary  Payment Schedule  Case Notes  Standard Terms and Conditions  LOA Information Always the last section of the LOA after the standard Terms and Conditions. This section defines all the codes used on the LOA.

62 Case Identifier Case Identifier Cover Page: Executive Summary Cover Page: Executive Summary

63 LOA Description LOA Description LOR Reference LOR Reference Nickname (optional) Nickname (optional) Cover Page Cover Page

64 Cover Page Cover Page Initial Deposit Terms of Sale Total LOA Value Total LOA Value

65 Cover Page Cover Page Offer Expiration Date Offer Expiration Date Congressional Notification transmittal number Congressional Notification transmittal number

66 Cover Page Cover Page USG Signature Blocks USG Signature Blocks

67 Continuation of customer reference and case description Continuation of customer reference and case description Line item Information Line item Information

68 Estimated Cost Summary Estimated Cost Summary ABOVE- THE-LINE BELOW- THE-LINE USG Authorized Charges can be applied: “Above-the-line” (rolled into item cost) Or “Below-the-line” (shown separately on LOA) USG Authorized Charges can be applied: “Above-the-line” (rolled into item cost) Or “Below-the-line” (shown separately on LOA)

69 Case Notes Case Notes Standard Notes added by DSCA Case Writing Division Standard Notes added by DSCA Case Writing Division Program-specific Notes prepared by the IA Program-specific Notes prepared by the IA

70 Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Closure Reconciliation Typically 2 years from supply/services complete Closure Reconciliation Typically 2 years from supply/services complete Execution Articles, services, training Performance reporting and expenditures Longest phase Execution Articles, services, training Performance reporting and expenditures Longest phase Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Case Development SAMM C5 Case Development SAMM C5 Case Implementation, Execution, & Closure SAMM C6 Case Implementation, Execution, & Closure SAMM C6 Pre-Case Development SAMM C4 & C5 Pre-Case Development SAMM C4 & C5

71 OfferedLOA InitialDeposit Signed LOA Accepted (signed) LOA

72  Purchaser must sign LOA by the OED  Typically 85 days (60 days for country review)  Purchaser can request OED extension – IA must evaluate cost/schedule impact  Short OEDs for USG-driven requirements, usually contractual (mandatory LOA note)  Countries with permanent exceptions are listed in SAMM, C5.F6SAMM, C5.F6

73 Cover Page Cover Page Purchaser Provided Information Purchaser Provided Information Purchaser Acceptance Purchaser Acceptance

74 Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Closure Reconciliation Typically 2 years from supply/services complete Closure Reconciliation Typically 2 years from supply/services complete Execution Articles, services, training Performance reporting and expenditures Longest phase Execution Articles, services, training Performance reporting and expenditures Longest phase Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Case Development SAMM C5 Case Development SAMM C5 Case Implementation, Execution, & Closure SAMM C6 Case Implementation, Execution, & Closure SAMM C6 Pre-Case Development SAMM C4 & C5 Pre-Case Development SAMM C4 & C5

75 Obligation Authority (OA) Implementing Authority Case Manager Case Directive InitialDeposit Signed LOA Bandaria Accepted (signed) LOA OfferedLOA

76  Person responsible for logistical and financial management of a case, including case closure  “Go to” person for an FMS case  Location of CM depends on type and purpose of LOA, and IA involved  Typically not found in the MILDEP HQ offices

77 Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Closure Reconciliation Typically 2 years from supply/services complete Closure Reconciliation Typically 2 years from supply/services complete Execution Articles, services, training Performance reporting and expenditures Longest phase Execution Articles, services, training Performance reporting and expenditures Longest phase Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Case Development SAMM C5 Case Development SAMM C5 Case Implementation, Execution, & Closure SAMM C6 Case Implementation, Execution, & Closure SAMM C6 Pre-Case Development SAMM C4 & C5 Pre-Case Development SAMM C4 & C5

78 as required Implementing Agency (IA) Implementing Agency (IA) DoD Resources Procurement Services Training as required Freight Forwarder Freight Forwarder Bandaria

79 NAVY SYSTEMS AIR FORCE SYSTEMS ARMY SYSTEMS DSCA SYSTEMS Defense Security Assistance Management System (DSAMS)  FMS Case Development and Implementation (Deployed 1999)  Training Module (Deployed 2006) Security Cooperation Enterprise Solution (SCES) DSCA-led effort, with participation from Implementing Agencies, to develop joint system for FMS Case Execution Security Cooperation Information Portal (SCIP)

80 LOA Items Subject to Changes  Price  Quantity  Configuration  Delivery Date  Training Requirements  Transportation Code  Financial Terms  LOA Notes

81 MajorScopeChangeMajorScopeChangeMinorScopeChangeMinorScopeChange NewLOANewLOALOAAmendmentLOAAmendment Purchaser Acceptance Not Required LOA Modification Purchaser PurchaserAcceptanceRequired AcceptanceRequired NoScopeChangeNoScopeChange LOA Changes – SAMM C6.7 “Scope is key issue…. scope change takes place when the original purpose of a case line or note changes“

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84 Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Preliminary and Definition Defense requirements Evaluation of options/sources Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Request P&A or LOA Letter of Request (LOR) Country Team Assessment Indefinite time period Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Offer LOR validation/evaluation LOA development Congressional Notification LOA offer Anticipated Offer Date (45-150 days) Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Acceptance LOA signature Initial Deposit Offer Expiration Date (OED) +/- 60 days country review Closure Reconciliation Typically 2 years from supply/services complete Closure Reconciliation Typically 2 years from supply/services complete Execution Articles, services, training Performance reporting and expenditures Longest phase Execution Articles, services, training Performance reporting and expenditures Longest phase Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Implementation Obligational Authority (OA) FMS computer systems 10-15 days average Case Development SAMM C5 Case Development SAMM C5 Case Implementation, Execution, & Closure SAMM C6 Case Implementation, Execution, & Closure SAMM C6 Pre-Case Development SAMM C4 & C5 Pre-Case Development SAMM C4 & C5

85 Closure Certificate Reconciliation SAMM, Chapter 16 and Appendix 7 Supply/Services Complete (SSC) Closed = Final Bill

86  A case is a candidate for closure when it is Supply and Services Complete (SSC) and meets the following criteria:  All material ordered and delivered  All services completed  All discrepancies resolved  All warranty periods have elapsed  Logistical records reconciled  Standard is 24 months from SSC

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88  In an international competition, a foreign nation issues its solicitation in the international market  When submitted through appropriate channels, the solicitation is an LOR and initiates USG processes (NDP-1, technology transfer, and other reviews)  U.S. response in an international competition may include FMS, Direct Commercial Sale (DCS), international cooperative agreement, or a combination of these programs

89  Contain both FMS and DCS elements  FMS support (training, support equipment, components, munitions, etc.) of defense article procured via DCS  Defense article procured via FMS that includes components or support purchased through DCS  A SAF/IA pamphlet provides guidelines to U.S. defense industry and USAF personnel for planning hybrid programs as a total package effortSAF/IA pamphlet

90  Advance planning and coordination are essential in situations involving responses that combine FMS and DCS elements, particularly when those situations originate through DCS channels.  USG is not bound to honor commitments made by industry, nor can it be held liable for inability to provide FMS support in conjunction with DCS  Airworthiness certification  Training in U.S. military schools  Aircraft ferrying  Refueling services  Provision of equipment/services available FMS-only

91  Purchasers should avoid concurrent FMS and commercial requests  Purchaser may submit request for exception to DSCA if such comparisons are required by national policy  IAs may not engage in FMS-commercial comparisons unless exception granted by Director, DSCA

92  Negotiated responses may be provided when purchaser negotiates the price of items before submitting LOR or prior to USG obtaining pricing from company identified by purchaser  If a company is approved as a sole source for an LOA, negotiated prices must be identified  The contract price is as agreed upon between the IA contracting officer and the company

93  Before responding to LORs for MDE items that have not completed OT&E, IA must submit request to DSCA for concurrence of USD(AT&L)  Request may be for multiple countries  No P&A or LOA data is to be released prior to DSCA and USD(AT&L) approval  If approved, a note is included in the P&A or LOA

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95  BPC programs allow DoD and DoS to focus on building security sector capacities of partner nations and enhance their capacity to:  Conduct Counternarcotics operations  Conduct Counterterrorism operations  Conduct Peacekeeping support operations  Support US forces conducting stability operations in PK, AF, IQ, etc.

96 Afghanistan Security Forces Fund (ASFF) Build Capacity of Foreign Security Forces (2282)* DOD Counter Narcotics (§1033 & 1004) Coalition Readiness Support Program (CRSP) *formerly Building Capacity of Foreign Military Forces, NDAA§1206, FY06-FY14 European Reassurance Initiative (ERI) Program

97  U.S. transfer of defense articles or services authorized by a Building Partner Capacity (BPC) program that uses the FMS LOA infrastructure to administratively manage the transfer  BPC programs are funded with USG appropriations  Only about 30 percent of all BPC programs are executed using a “Pseudo” LOA.  The programs shown on the previous slide MAY be executed through a “Pseudo” LOA for all or part of the program.  The “Pseudo” LOA process follows a similar process as that of FMS LOAs, with some key differences SAMM C15.T2

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101  Planning and Requirements Definition  Case Development  Case Implementation  Case Execution  Case Closure

102  USG requesting authority (such as CCMD or DoS) translates program objectives into specific package proposals  Proposal/MOR should be linked to country and theater planning documents  Generally developed by SCO/CCMD  Submitted to the IA, with copy to DSCA CPD  Reviewed by Joint Staff, OSD(P), DoS, and DSCA  Required both DoD and DoS approval

103  SCO collaborates with Benefitting Country on program objectives/requirements definition  If proposal is approved, the Benefitting Country must agree to the transfer, use, and protection conditions for any equipment it will receive  Benefitting country must identify how it will sustain equipment  Leahy vetting applies for all training and equipment  End-use monitoring applies for most equipment

104  Implementing Agency will conduct MOR feasibility assessment  Validate/Verify  Requirements definition  Timing - obligations, deliveries, services  Technology / disclosure  If the requirement cannot be obligated prior to funds expiration, or delivery timeframes cannot be met, the IA will reject the proposal. SAMM C15.2.5

105 Because the standard terms and conditions do not apply in a BPC case, various bilateral agreements ensure the benefiting country will comply with the USG’s transfer, use and protection requirements, such as:  FAA, Section 505 Agreement  Status of Forces Agreement (SOFA)  General security agreements, information security agreements, etc. SAMM C15.2.3

106 No defense articles or related training or other defense service shall be furnished to any country on a grant basis unless the country agrees to the following “use” provisions:  Limits use to government officers, employees, and agents  Does not permit use for purposes other than those for which furnished, or unauthorized transfers  Requires proper security, U.S. observation  Returns equipment to the U.S. when no longer needed  Diplomatic Note confirms specific BPC program applies State sends a separate Diplomatic Note [§505a, FAA]

107  Planning and Requirements Definition  Case Development  Case Implementation  Case Execution  Case Closure

108  If MOR is approved for development, the Case Manager issues a Case Advisory document to the SCO  SCO confirms BPC program objectives and requirements with Benefitting Country as a formal notice of U.S. intentions / expectations prior to delivery of material and services  Prepared by IA and completed by SCO

109  Benefitting country must provide SCO with shipping destination address  Benefitting country must plan for materiel receipt, customs clearance, and transportation from port of debarkation to destination

110  Planning and Requirements Definition  Case Development  Case Implementation  Case Execution  Case Closure IA provides SCO a copy of the implemented case (C15.4.5)

111  Planning and Requirements Definition  Case Development  Case Implementation  Case Execution  Case Closure

112  USG transports materiel to Benefitting Country’s port of debarkation or final destination  SCO provides Benefitting Country with Notice of Delivery approximately two weeks prior to materiel delivery  Benefitting Country facilitates customs clearance  Transfer and Receipt Document is prepared by SCO  Inventory is conducted jointly by the SCO and Benefitting Country, and is included as an attachment to transfer document  SCO confirms deliveries and serial numbers in SCIP  SCO submits discrepancy reports on behalf of benefitting country

113  Planning and Requirements Definition  Case Development  Case Implementation  Case Execution  Case Closure

114  Products and services may be cancelled if funds expire before contract award  Time frame for new obligations varies among BPC programs, but many funds expire on 30 September of the FY they are appropriated  Funds must be expended before they cancel (i.e., generally 5 years after the funds expire for new obligations)  BPC LOAs must be closed NLT 31 July of the cancelling year to allow time for funds to be redirected or returned

115 1 Oct 2014 30 Sep 2015 31 Jul 2020 30 Sep 2020 New Obligations Obligation Adjustments Disbursements DSCA directed closure date FY15 Appropriation becomes law (one-year appropriation).. + 5 years funds cancel - “no expenditures for any purpose” Funds expire for new obligations

116 FMSBPC (“Pseudo”) Requirements development Purchasing government submits LOR to Implementing Agency and DSCA DoD or Federal Agency submits proposal (MOR) to the IA with info to DSCA Foreign government accepts LOAYesNo Country/program IdentifierUsually Alpha-Alpha (unique to country) Alpha-Numeric (may apply to multiple benefitting countries) Source of fundsPurchaser’s national funds or FMFCongressional appropriation to DoD/DoS Funding authority Obligations can be placed as long as money is on the case Obligations often must be placed by the end of the fiscal year appropriated LOA Terms of Sale Varies depending on customer and origin of material/services Cash with Acceptance (100% Initial Deposit) Congressional Notification When LOA meets or exceeds established dollar thresholds All BPC LOAs LOA Standard Terms and ConditionsYes No (Sections 2.2 – 2.4 covered by a FAA 505 agreement) Title transferAt origin; at initial shipment At destination upon physical acceptance by customer from SCO TransportationPurchaser-arranged or DTSDTS only Discrepancy Reports Purchaser submits claim to ILCO within 12 months of initial shipment SCO submits claim to ILCO for shortage, loss, or damage (benefitting country may not submit claims)

117 http://www.disam.dsca.mil/http://www.dsca.mil

118 Partner Nation’s Needs Partner Nation’s Needs State Defense Implementing Agencies President Congress State Defense Implementing Agencies President Congress Defense Articles and Services Defense Articles and Services LOA “Actionable” LOR “Actionable” LOR


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