DEFENSE SECURITY COOPERATION AGENCY
MEMORANDUM FOR :
DEPUTY UNDER SECRETARY OF THE AIR FORCE
Assignment of Code "H2" for Fiscal Year (FY) 2011 Section 1206 Global Train and Equip Programs, DSCA Policy 10-54, [SAMM E-Change 169]
The referenced memoranda contain procedural guidance which is to be applied in preparation of documents pertaining to the FY2011 Section 1206 program. This policy memorandum augments the referenced guidance regarding preparation of FY2011 Section 1206 Letters of Offer and Acceptance (LOAs). Effective immediately, SAMM Table C4.T2., Country and International Organization Codes and FMS Eligibility, is updated to add code "H2" to track funds provided for FY2011 Section 1206 programs, under the Continuing Appropriations Act (CAA) 2011, P.L. 111-242. These funds will remain available for obligation until December 3, 2010.
Once the CAA expires and the FY11 National Defense Appropriations Act is issued, this memorandum, to include the instructions for preparing "H2" cases and LOA notes, will be revised to cite the appropriate public law. All cases in any phase of the LOA process, development, writing, or review, will need to be restated and all implemented cases will need to be Modified prior to case closure to replace references to CAA P.L. 111-242 with the full year appropriations public law.
As a matter of policy, all Pseudo LOA documents using the "H2" code should be expended, as well as fully reconciled and closed, on or before July 31, 2016.
The Defense Security Cooperation Agency must authorize and will assign use of this code 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 169.
Attached are specific LOA notes and instructions for Section 1206 Programs funded with appropriations available to the Department of Defense for obligation in FY2011.
If you have any questions concerning this guidance, please contact Ms. Marie Kokotajlo, DSCA-STR/POL, firstname.lastname@example.org, (703) 604-1107.
Instructions for Preparing Pseudo Letters of Offer and Acceptance (LOAs)
Contracts to carry out a Pseudo LOA may not rely on Title 10 United States Code (U.S.C.) Section 2304 (c) (4), implemented by the Federal Acquisition Regulation (FAR) 6.302-4, International Agreement (directed source), as authority to award using other than full and open competition. Any sole source purchases must be justified and approved in accordance with other statutory authority found in Title 10 U.S.C. using procedures applicable to United States Government appropriated-funded purchases.
Notes for P.L. 109-163, as amended/CAA P.L. 111-242 Pseudo LOAs