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DSCA 10-19

Memo Status : Active Notes : Referenced by DSCA Policy 11-01
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DEFENSE SECURITY COOPERATION AGENCY
201 12th STREET SOUTH, STE 203
ARLINGTON, VA 22202-5408

3/15/2010

MEMORANDUM FOR :

SEE DISTRIBUTION

SUBJECT :

Addition of Fiscal Year (FY) 2009 and FY 2010 Authorities to the Coalition Readiness Support Program (CRSP), Code "E7", DSCA Policy 10-19 [SAMM E-Change 160]

REFERENCE :

 

  1. Assignment of Code "E7" for Fiscal Year (FY) 2008 Authorities Relating to the Coalition Readiness Support Program (CRSP), DSCA Policy 09-02 [SAMM E-Change 126]

 

The Coalition Readiness Support Program (CRSP), a subset of Coalition Support Funds, is authorized to provide specialized training, or loan of supplies and equipment on a non-reimbursable basis to coalition forces supporting U.S. military operations in Iraq and Afghanistan. The U.S. Government will retain title to the equipment and transfer custody to coalition forces as necessary.

The Code "E7" as identified in Table C4.T2., Country, International Organization and Regional Codes, and FMS Eligibility, is used to track funds provided for CRSP. All CRSP funds are authorized by either the Supplemental Appropriations Act (War Supplemental), P.L 110-252, FY 2008, the Supplemental Appropriations Act, P.L. 111-32, FY 2009 or DOD Appropriations Act, P.L. 111-118, FY 2010. The Defense Security Cooperation Agency (DSCA) must authorize use of this code for Pseudo LOA documents. The DSCA Programs Directorate, Building Partnership Capacity (BPC) Division, will notify the Implementing Agency as to which public law applies to a case, and request that the public law be entered in DSAMS case remarks. This will enable the Case Writing Division to apply the notes that correspond to the correct appropriation. Revise the referenced memorandum and SAMM Table C4.T2. as follows:

Organization FMS
Code
Combatant
Command
\1
Regional
Grouping
\2
FMS/AECA
Eligible
\3
Accel. Case
Closure Eligible
Coalition Readiness Support Program (CRSP) cases E7 NR NR No N/A

This change will be included in the automated version of the SAMM found on the DSCA web page as SAMM E-Change 160.

Attached are the revised LOA notes and instructions for CRSP Pseudo LOAs funded with appropriations available to the Department of Defense that will remain available until expended.

If you have any questions concerning the attached guidance for preparing CRSP Pseudo LOAs, please contact Mr. Kent Bell, STR/POL, kent.bell@dsca.mil, (703) 604-6612. The overall points of contact for CRSP are CAPT Paul Verrastro, OPS/EAF, paul.verrastro@dsca.mil, (703) 601-3674, and John Sannar, PGM/BPC, john.sannar@dsca.mil, (703) 604-6629.

Scott Schless
Principal Director
Strategy

ATTACHMENT :
As stated

DISTRIBUTION :

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

DEPUTY ASSISTANT SECRETARY OF THE NAVY
FOR INTERNATIONAL PROGRAMS (NAVIPO)

DEPUTY UNDER SECRETARY OF THE AIR FORCE
FOR INTERNATIONAL AFFAIRS (SAFIA)

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
AFSAT
JFCOM
SOCOM
EUCOM
CENTCOM
NORTHCOM
PACOM
AFRICOM
SOUTHCOM
TRANSCOM

Instructions for Preparing Pseudo Letters of Offer and Acceptance (LOAs) Coalition Readiness Support Program (CRSP) cases (P.L. 110-252, P.L. 111-32 or P.L. 111-118), FY 2008, FY 2009 or FY 2010

If using other than full and open competition, since these Pseudo LOA documents 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 (U.S.C.) section 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 found in title 10 U.S.C. using procedures applicable to United States Government appropriated-funded purchases.

Instructions for Preparing CRSP (P.L. 110-252, P.L. 111-32 or P.L. 111-118) Pseudo LOAs
1. Case Identifier. DSCA (Strategy Directorate) will assign a case identifier composed of country code (e.g., "E7" for CRSP cases), Implementing Agency code of the DoD Component providing the support. Implementing Agencies may request unique designators to meet their requirements as identified in SAMM Figure C5.F5.
2. Nickname Field. The Pseudo case authority and the text "(Non-FMS)" (e.g., CRSP, P.L. 110-252 (Non-FMS); CRSP, P.L. 111-32 (Non-FMS); CRSP, P.L. 111-118 (Non-FMS)) are identified in the "nickname" field on the Pseudo LOA.
3. Purchaser's Reference Field. Include the following statement below in the Purchaser's Reference Field of the Customer Request:
"Based on the written request pursuant to [insert P.L. 110-252, P.L. 111-32 or P.L. 111-118] from [insert Program Originator's name (e.g., Combatant Commands)] to Defense Security Cooperation Agency, dated [insert date of written request]. The legal authority is [insert P.L. 110-252, P.L. 111-32 or P.L. 111-118]. See Note [insert LOA note number for Authority for Sale note] for additional information."
4. Terms of Sale Field. The Term of Sale for CRSP Pseudo LOAs is Cash with Acceptance, [insert P.L. 110-252, P.L. 111-32 or P.L. 111-118].
5. Authority Field. Insert "CRSP, P.L. 110-252", "CRSP, P.L. 111-32" or "CRSP, P.L. 111-118" (in DSAMS only).
6. Authority Fiscal Year. Insert "FY 2008", "FY 2009" or "FY 2010" (in DSAMS only).
7. Purchaser Signature Field (Customer Signatory Name on Distribution Tab of Case Detail). Insert the authority and the statement that no purchaser signature is required (e.g., CRSP, P.L. 110-252 (Non-FMS - No Purchaser Signature Required); or CRSP, P.L. 111-32 (Non-FMS - No Purchaser Signature Required); or CRSP, P.L. 111-118 (Non-FMS - No Purchaser Signature Required).
8. Purchaser Mailing Address. Insert "Department of Defense".
9. MASL. Use valid existing MASLs for items being transferred or contact DSCA to approve new MASLs, if required.
10. Delivery Term Code. For CRSP Pseudo LOAs, use the Delivery Term Code (DTC) for Defense Transportation System that will provide shipment all the way into recipient country. This is generally accomplished through DTC 7, unless DTC 9 suffices.
11. Offer Expiration Date. The Offer Expiration Date on the LOA should be no later than the last date the funds are required to ensure they are obligated prior to the funds expiring.
12. Benefitting Country. Benefitting country "E7" for supplies and equipment; actual country code for training.

LOA Notes for P.L. 111-84/111-118 Pseudo LOAs

Note Name Bote Usage Note Text
Authority for Sale - P.L. 110-252, P.L. 111-32 or P.L. 111-118 for CRSP Mandatory for all CRSP cases under P.L. 110-252, P.L. 111-32 and P.L. 111-118 Pseudo LOAs. "This sale is made under the authority of Coalition Support Funds, [insert P.L. 110-252, P.L. 111-32 or P.L. 111-118]. Any reference in this Letter of Offer and Acceptance to the United States Arms Export Control Act, to defense articles, and to defense services shall be construed instead to be a reference to Coalition Support Funds [insert P.L. 110-252, P.L. 111-32 or P.L. 111-118] and to the United States Arms Export Control Act. Any reference in this LOA to "purchaser" shall be construed as a reference to the Department of Defense."
Funds, Purpose, Availability and Amount - P.L. 110-252, P.L. 111-32 or P.L. 111-118 for CRSP Mandatory for all CRSP cases under P.L. 110-252, P.L. 111-32 and P.L. 111-118 Pseudo LOAs. "The funds financing this Pseudo Letter of Offer and Acceptance (LOA) remain available until expended and are subject to all the requirements and restrictions under the heading of Coalition Support Funds, [insert P.L. 110-252, P.L. 111-32 or P.L. 111-118]. The funds are in support of authority to provide specialized training and procuring supplies and equipment for loan on a non-reimbursable basis to coalition forces supporting U.S. military operations in Iraq and Afghanistan. The funds carry the same time, purpose, and availability restrictions associated with fund source X 0100 [insert 2008, 2009 or 2010] DoD Operations and Maintenance (O&M) or other funds that may be available for use starting in FY [insert 2008, 2009 or 2010].
  1. Funds remain available until expended.
  2. Total funds available for expenditure against this Pseudo LOA are limited to the value of [insert dollar value].
  3. Amendments or Modifications to this Pseudo LOA are only authorized with DSCA written approval."
Title and Custody Transfer - P.L. 110-252, P.L. 111-32 or P.L. 111-118 for CRSP Mandatory for all CRSP cases under P.L. 110-252, P.L. 111-32 and P.L. 111-118 Pseudo LOAs. "The U.S. Government will retain title to the defense articles indefinitely and will transfer custody of the defense articles to be coalition forces supporting U.S. military operations in Iraq and Afghanistan under the authority of [insert P.L. 110-252, P.L. 111-32 or P.L. 111-118]. The defense articles will be loaned on a non-reimbursable basis. A designated U.S. Government representative will confirm and document delivery of the materiel to an authorized recipient country representative or agent. This U.S. Government representative will keep documentation showing when, where, and to whom delivery was made and will provide a copy of this documentation to the [insert U.S Army Security Assistance Command, Navy International Programs Office, or Deputy Under Secretary of the Air Force/ International Affairs]."
Case Closure Mandatory for all CRSP cases under P.L. 110-252, P.L. 111-32 and P.L. 111-118 Pseudo LOAs. "The estimated closure date is 36 months after projected final delivery or completion of the underlying contract(s), as applicable, whichever occurs later."
Nonrecurring Costs - USG Appropriation Mandatory for LOAs when an NC charge has been established, but the case is financed by a USG appropriation.
Mandatory for Amendments or Modifications when the case is financed by a USG appropriation and:
  1. Line items are added and the NC charge has been established for the new line items; or
  2. Quantities are increased on line items for which NC charges have been established.
See Chapter 9, C9.4.5.
"Nonrecurring Costs (NC) have been established for line item(s) [insert line item numbers] of this case. These charges are not included on this case because the case is financed with a USG appropriation."