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DSCA 08-30

Memo Status : Active
DoD Shield

DEFENSE SECURITY COOPERATION AGENCY
201 12th STREET SOUTH, STE 203
ARLINGTON, VA 22202-5408

9/15/2008

MEMORANDUM FOR :

SEE DISTRIBUTION

SUBJECT :

Clarification Regarding the Offer Expiration Date (OED) for Letters of Offer and Acceptance (LOAs), DSCA Policy 08-30 [SAMM E-Change 117]

This memorandum updates Chapter 5 of the Security Assistance Management Manual (SAMM) by providing additional clarification regarding OEDs for Basic LOAs and Amendments.

The attached guidance is effective 30 days from the date of signature. If you have any questions or need additional information regarding this issue, please contact Kent Bell, DSCA/STR/POL, (703) 604-6612 or kent.bell@dsca.mil.

Freda J. Lodge
Principal Director
Strategy

ATTACHMENT :
As stated

DISTRIBUTION :

DEPUTY ASSISTANT SECRETARY OF THE ARMY
DEFENSE EXPORTS AND COOPERATION (DASA-DEC)

DEPUTY ASSISTANT SECRETARY OF THE NAVY
INTERNATIONAL PROGRAMS (NAVIPO)

DEPUTY UNDER SECRETARY OF THE AIR FORCE
INTERNATIONAL AFFAIRS (SAF/IA)

DIRECTOR, DEFENSE LOGISTICS AGENCY

DIRECTOR, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY

DIRECTOR, DEFENSE THREAT REDUCTION AGENCY

DIRECTOR, DEFENSE REUTILIZATION AND MARKETING SERVICE

DIRECTOR, DEFENSE CONTRACT MANAGEMENT AGENCY

DIRECTOR, DEFENSE INFORMATION SYSTEMS AGENCY

DIRECTOR, DEFENSE LOGISTICS INFORMATION SERVICE

DEPUTY DIRECTOR FOR INFORMATION ASSURANCE,
NATIONAL SECURITY AGENCY

DIRECTOR FOR SECURITY ASSISTANCE,
DEFENSE FINANCE AND ACCOUNTING SERVICE - INDIANAPOLIS OPERATIONS

CC :

STATE/PM-RSAT
DISAM
USASAC
SATFA TRADOC
NAVICP
NETSAFA
AFSAC
AFRICOM
TRANSCOM
AFSAT
JFCOM
SOCOM
EUCOM
CENTCOM
NORTHCOM
PACOM
SOUTHCOM

SAMM Figure C5.F5. - Instructions for Preparing a Letter of Offer and Acceptance (LOA)
Changes to Offer Expiration Date

Replace Figure C5.F5., section 5 with the following:

Instructions for Preparing a Letter of Offer and Acceptance (LOA)

5. Offer Expiration Date (OED). Each LOA document includes an OED indicating the last date on which the purchaser may accept the offer. The OED is normally 85 days (25 days for administrative processing and 60 days for country review) from Military Department Approval (MILAP) in the Defense Security Assistance Management System (DSAMS), except for countries that have been approved a longer OED as reflected in the below chart. For countries listed in the chart below with an OED longer than 85 days, the country review time is the OED minus 25 days.

Long OEDs: Requests for OEDs longer than the approved timeframes reflected in the below chart may be considered on a countrywide or case-by-case basis. The purchaser submits these requests to the applicable Implementing Agency. If the Implementing Agency concurs, it enters a case remark in the DSAMS that the LOA document contains an OED that is longer than the approved timeframes reflected in the below chart, and forwards it to DSCA for approval. The validity of the data may decrease as the length of time from offer increases. The chart below reflects the current country level timeframes that should be used unless an exception is granted.

Short OEDs: Short OEDs are used for USG driven requirements (e.g., where the price estimates are dependent on contract award by a certain date). Short OEDs should not be used for purchaser-driven needs or as a means to expedite LOA documents through the review and countersignature process. If the purchaser has less than the OED minus 25 days, the Implementing Agency must include the mandatory short OED LOA note (see Table C5.T5.). The standard OED is used even when it is anticipated that the purchaser may accept the LOA document early. Using the standard OED allows the purchaser to accept the LOA document early (e.g., purchaser driven needs such as internal budget requirements, etc.), but also allows the purchaser the normal review time when early acceptance does not occur. This eliminates unnecessary pen and ink changes that are required to revise the OED when early acceptance does not take place.

Country Number of Days from Implementing Agency MILAP to OED
Egypt 115
Germany 115
Greece 115
Indonesia 145
Israel 115
Italy 130
Korea 120
Morocco 115
Pakistan 115
Philippines 145
Portugal 120
Saudi Arabia 180 (Air Force cases)
180 (Navy Cases)
140 (Army Cases)
150 (all other cases)
Spain 115
Turkey 100
Yemen 115
All Others 85