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DEFENSE SECURITY COOPERATION AGENCY |
7/18/2007 | |||||||||||||||||||||
MEMORANDUM FOR : SEE DISTRIBUTION SUBJECT : Assignment of Codes "B8" and "B9" for Afghanistan Security Forces Fund (ASFF) and Iraq Security Forces Fund (ISFF) Letters of Offer and Acceptance (LOAs), DSCA Policy 07-25, [SAMM E-Change 82] Effective immediately, SAMM Table C4.T2., Country, International Organization, and Regional Codes and FMS Eligibility, is updated to add codes "B8" and "B9" to track funds provided under the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (PL 110-28). The Defense Security Cooperation Agency must authorize 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 82. Procedures for pseudo LOAs authorized and funded pursuant to PL 110-28 are similar to those followed for the FY 2007 program under PL 109-289; however, certain references to the Arms Export Control Act have been revised. Attached are specific LOA notes and instructions for pseudo LOAs funded with ASFF and ISFF under PL 110-28. If you have questions concerning the attached guidance, please contact Ms. Kathy Robinson, DSCA-STR/POL, kathy.robinson@dsca.mil, (703) 601-4368. Freda J. Lodge ATTACHMENT : DISTRIBUTION :
DEPUTY ASSISTANT SECRETARY OF THE ARMY CC :
STATE/PM-RSAT |
Instructions for Preparing Pseudo Letters of Offer and Acceptance (LOAs) Procedures for Public Law 110-28 pseudo LOAs are similar to those in SAMM, Chapter 11, C11.3., Counter-Narcotics Assistance National Defense Authorizations Acts, Sections 1004 and 1033. 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.
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LOA Notes for PL 110-28 Pseudo LOAs
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