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DEFENSE SECURITY COOPERATION AGENCY |
2/6/2013 | ||||||||||||
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MEMORANDUM FOR :
DEPUTY ASSISTANT SECRETARY OF THE ARMY FOR DEFENSE EXPORTS AND COOPERATION SUBJECT : Assignment of Security Cooperation Customer Code (SCCC) "88" for State Department Directed (SDD) Foreign Military Financing (FMF) Procurement program, DSCA Policy 13-04, [SAMM E-Change 193] The Department of State (DoS), Foreign Operations, and Related Programs Appropriations Act, 2010 (Div. F, P.L. 111-117) and subsequent legislation authorized the DoS to procure defense articles and services with FMF for subsequent transfer to benefitting countries to expedite assistance to foreign countries and international organizations. The SDD FMF Procurement program has been established to implement this new authority. Although FMS policy and standard FMS Letter of Offer and Acceptance (LOA) Notes generally will apply to cases under the SDD FMF Procurement program, there will be significant differences from other FMS LOAs funded with FMF because SDD FMF LOAs are internal U.S. Government transactions. Benefitting countries will not sign an SDD FMF LOA, which means the Standard Terms and Conditions will not apply. DoS will, however, secure FMF Security Assurance Agreements from benefitting countries to obtain appropriate end-use, security, and retransfer assurances. DoS will send a memorandum to DSCA identifying the funding amount(s) and fiscal year; benefitting countries, reporting requirements; authorized services, equipment, and materials to be procured; and any specific DoS requirements, limitations and instructions. The DoS memorandum will form the basis of an SDD FMF LOA. Instructions and Notes for SDD FMF LOA development are attached and should be reviewed carefully because of the unique characteristics of the SDD FMF Procurement program. The SDD FMF Procurement LOA Notes will be added to the Security Assistance Management Manual Appendix 6, LOA Notes. Code "88" is assigned effective immediately for the SDD FMF Procurement program. Chapter 4, Table C4.T2B, Security Cooperation (SC) Customer and Regional Codes and FMS Eligibility, is updated as follows:
During case execution, the Implementing Agency (IA) is responsible for submitting expenditure reports to DSCA (Business Operations Directorate) as specified in the DoS Memorandum to DSCA and as specified by DSCA (Business Operations Directorate). If you have any questions, for policy, contact Kathy Ton, kathy.ton@dsca.mil, (703) 604-6611; for financial and reporting contact, Brad Bittinger, brad.bittinger@dsca.mil, (703) 602-1360; and for operations, contact Major Sandra (Sam) Rygalski, sandra.rygalski@dsca.mil, (703) 604-6627. William E. Landay III ATTACHMENT : CC :
AFRICOM |
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State Department Directed Foreign Military Financing (FMF) Procurement Program Any sole source purchases must be justified and approved in accordance with statutory authority using procedures applicable to United States Government appropriated-fund purchases. Contracts 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.
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DSCA Policy 12-02, [SAMM E-Change 193] The following notes are added to SAMM Appendix 6, LOA Notes: State Department Directed FMF Procurement Reporting Requirements
State Department Directed FMF Procurement-Team Deployment
State Department Directed FMF Procurement Purchase and Funds Usage
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