FMS
No
BPC
Yes
Note Input Responsibility
CWD
References

See Section C15.5.4. and Section C15.5.8.9.

Date Range Of Use
All
Note Usage

Mandatory for BPC LOAs which include defense articles.

Mandatory for Amendments and Modifications to BPC LOAs that include defense articles.

Note Text
  1. Shipment and Delivery:
    1. All shipments will be marked and labeled in accordance with DoD Standard Practice for Military Marking (MIL-STD 129).
    2. The U.S. Government agrees to provide transportation services for the items identified in this LOA to the agreed point of delivery in the Benefitting Partner. The SCO (or U.S. Government representative) will confirm receipt of all materiel deliveries within 30 days in accordance with Section C15.5.9.13.
    3. Any shipment discrepancies or damage in transit will be reported by a U.S. Government representative through the existing DoD discrepancy reporting system (Transportation Discrepancy Report (TDR) according to procedures identified in Defense Transportation Regulation - Part II, Appendix E, Para G., Sec 2. If there is a deficiency or a problem with the delivery of materiel or services outside of transportation, IAs should refer to the relevant U.S. Government contract. If no contractual remedy is available, or liability does not reside with the contractor, the IAs shall contact the DSCA Program Manager to determine the way-forward. Discrepant articles will be returned to the U.S. Government's custody. Any claim, including a claim for shortage or nonperformance, received more than one year after delivery of the defense articles to the Benefitting Partner (or after the end of the scheduled period of performance for services) will not be processed.
    4. The Supply Discrepancy Report (SDR) process is not applicable to Building Partner Capability (BPC) cases. The 12-month waiting period for closure of FMS cases to facilitate the submittal and resolution of SDRs does not apply to BPC cases.
  2. Title and Custody Transfer:
    1. The U.S. Government will retain title to and custody of the offered defense articles throughout transportation and delivery to the Benefitting Partner, unless otherwise stated in this LOA.
    2. The U.S. Government representative will confirm delivery of materiel title and custody to an authorized Benefitting Partner representative or agent by jointly signing a Transfer and Receipt document. The 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 DSCA Program Director and the IA."