DEFENSE SECURITY COOPERATION AGENCY
MEMORANDUM FOR :
Assignment of Codes "E5" and "E6" for Afghanistan Security Forces Fund (ASFF) and Iraq Security Forces Fund (ISFF) Letters of Offer and Acceptance (LOAs), DSCA Policy 08-32, [SAMM E-Change 119]
This memorandum updates SAMM Chapter 4, Table C4.T2., Country, International Organization, and Regional Codes and FMS Eligibility, to add codes "E5" and "E6" to track FY2009 bridge funds, which are one-year funds, provided under the Supplemental Appropriations Act, 2008 (PL 110-252).
Codes "E3" and "E4" will continue to be used to track two-year funds appropriated under the Consolidated Appropriations Act, FY2008 (PL 110-161), as well as FY2008 funds appropriated under the Supplemental Appropriations Act, 2008 (PL 110-252).
The Defense Security Cooperation Agency must authorize and will assign use of these codes for Pseudo LOA documents. The following information applies:
This change will be included in the automated version of the SAMM found on the DSCA Web Page as SAMM E-Change 119.
The procedures for Pseudo LOAs authorized and funded pursuant to PL 110-252 are similar to those followed for the Consolidated Appropriations Act, FY2008. Attached are specific LOA notes and instructions for Pseudo LOAs funded with ASFF and ISFF under PL 110-252 (FY2009 Bridge Funds).
If you have any questions concerning the attached guidance, please contact Mr. Kidd Manville, DSCA-STR/POL, kidd.Manville@dsca.mil, (703) 604-6594.
Freda J. Lodge
DEPUTY ASSISTANT SECRETARY OF THE ARMY
Instructions for Preparing Pseudo Letters of Offer and Acceptance (LOAs)
If using other than full and open competition, since these Pseudo LOAs are not signed by the FMS purchaser and do not involve an agreement with the foreign government, the authority of Title 10 United States Code 2304 (c) (4), implemented by the Federal Acquisition Regulation (FAR) 6.302-4, International Agreement (directed source), cannot be used to justify sole source requirements. Any sole source purchases must be justified and approved in accordance with other statutory authority such as Title 10 U.S.C. 2304(c)-1 or Title 10 U.S.C. 2304(c)-2 using procedures applicable to United States Government appropriated-funded purchases.
LOA Notes for PL 110-252 Pseudo LOAs