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DEFENSE SECURITY COOPERATION AGENCY |
8/27/2007 | |||||||||||||||||||||
MEMORANDUM FOR : SEE DISTRIBUTION SUBJECT : Revision to Codes "B6" and "B7" for Afghanistan Security Forces Fund (ASFF) and Iraq Security Forces Fund (ISFF) Letters of Offer and Acceptance (LOAs), DSCA Policy 07-30 [SAMM E-Change 84] Effective immediately, SAMM Table C4.T2., Country, International Organization, and Regional Codes and FMS Eligibility, is updated to revise code "B6" to track funds provided under the Fiscal Year 2007 Department of Defense Appropriations Act, Public Law 109-289, September 29, 2006, for the Afghanistan Security Forces Fund (ASFF) as supplemented by the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110-28), May 25, 2007. Code "B7" will be used to track funds provided under this law for the Iraq Security Forces Fund (ISFF). The Defense Security Cooperation Agency must authorize the use of and assign the designators for these codes for preparation of LOAs. 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 84 and rescinds DSCA Policy 07-25, SAMM E-Change 82, "Assignment of Codes "B8" and "B9" for Afghanistan Security Forces Fund (ASFF) and Iraq Security Forces Fund (ISFF) Letters of Offer and Acceptance (LOAs)." The change was needed to better facilitate execution of these programs. The procedures for pseudo LOAs to be authorized and funded using ASFF and ISFF are similar to those found in SAMM, Chapter 11, C11.3., Counter-Narcotics Assistance National Defense Authorizations Acts, Sections 1004 and 1033 and originally provided under DSCA Policy 06-50; however, certain references to the Arms Export Control Act are revised. Attached are specific case preparation instructions, to include LOA notes, for these requirements using the ASFF and ISFF, which are available for obligation until 30 September 2008. If you have questions concerning the attached guidance, please contact Ms. Kathy Robinson, 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 and LOA Notes for Preparing Pseudo Letters of Offer and Acceptance (LOAs) Procedures for Public Law 109-289, as supplemented by 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 109-289, as supplemented by PL 110-28, Pseudo LOAs
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