Mandatory for Foreign Military Sales (FMS) Letters of Offer and Acceptance (LOAs) funded solely with national funds that include commercial services (medical, travel, lodging, or vehicle) or per diem for 1) FMS purchaser authorized officials participating in dedicated foreign training detachments on DoD installations in the United States and 2) international military students.
The IA must remove any expenses in the note that are not requested by the FMS purchaser and that are not authorized pursuant to SAMM Chapter 10.
"The use of this line is strictly limited for the Foreign Military Sales (FMS) purchaser's authorized official while that official was participating [select one: "as an international military student" or "in the FMS purchaser's dedicated foreign training detachment"] in the United States and is strictly limited to:
- payment of commercial medical, travel, lodging, and/or vehicle services directly procured from a commercial source by the FMS purchaser's authorized official;
- the payment of commercial medical services directly procured by FMS purchaser's authorized official's authorized dependent; and
- payment of per diem for FMS purchaser's authorized officials [include the following only for dedicated foreign training detachments: at the FMS purchaser's established per diem rate on FMS purchaser directed travel].
The amount of this line must not exceed 10% of the total current case value. The FMS purchaser is not permitted to seek payment for any other type of commercial bills from this case line. The FMS purchaser is not permitted to seek payment for commercial bills procured by persons who are not the FMS purchaser's authorized official or an authorized dependent in the United States. The FMS purchaser acknowledges that it is not the U.S. Government's responsibility to determine the validity or accuracy of any commercial bill presented for payment from this case line. The FMS purchaser will designate a representative to review all commercial bills before presenting them as authorized FMS purchaser valid bills for payment by the U.S. Government. The FMS purchaser acknowledges that the U.S. Government is not authorized to negotiate the amount of commercial charges or resolve any disputes relating to any of the FMS purchaser's authorized officials' commercial expenditures. The FMS purchaser acknowledges that the U.S. Government has no legal responsibility to ensure timely payment of any bill paid by this case line. The U.S. Government has no privity of contract and no legal responsibility to provide any payment to any of the FMS purchaser's authorized officials' direct commercial providers. The U.S. Government will not provide payment to the FMS purchaser's authorized official's commercial provider or pay per diem if the amount of the bill is in excess of funds on this case line. The FMS purchaser acknowledges that any DoD disbursing agent support provided by this case line cannot be the basis for the FMS purchaser to seek any relief from the U.S. Government through a Supply Discrepancy Report. The existence of this case line does not absolve or modify the FMS purchaser's authorized officials' or the officials' authorized dependents' legal responsibility or contract liability to ensure timely payment for their procured commercial service."