FMS
No
BPC
Yes
Note Input Responsibility
CWD
References

See SAMM Section C15.5.4. and Section C15.5.5.

Date Range Of Use
All
Note Usage

Mandatory for all new and existing Afghanistan Security Forces Fund (ASFF) BPC LOAs that include defense articles for the Government of Afghanistan. All existing ASFF BPC LOAs that include any defense articles that have not yet been transferred to the Government of Afghanistan must be immediately modified to replace the standard "BPC Materiel Transfer" note with this mandatory note. For all defense articles on existing ASFF BPC LOAs that have not yet reached the point of delivery in Afghanistan by the effective date of the completed modification, this note alters the point at which title transfers. For existing ASFF BPC LOAs, the use of this mandatory note does not redefine the point of title transfer for any defense articles for which title transfer occurred prior to the effective date of the completed modification.

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 Country. The SCO (or U.S. Government representative) will confirm receipt of all materiel deliveries within 30 days in accordance with SAMM Section C15.5.4.6.

    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 Country (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 the offered defense articles throughout transportation until the agreed point of delivery in the Benefitting Country. Title for any offered defense articles transfers to the Benefitting Country when defense articles arrive at the agreed point of delivery in the Benefitting Country.

    2. The U.S. Government representative will confirm physical delivery and physical custody of materiel by requesting an authorized Benefitting Country representative or agent to sign a Transfer and Receipt document. The Transfer and Receipt document establishes the date the Benefitting Country accepted physical custody of material and acknowledges that title for the material immediately transferred to the Benefitting Country upon the material's arrival at the agreed point of delivery in the Benefiting Country. The U.S. Government representative will document when, where, and to whom delivery was made and will provide a copy of this documentation to the DSCA Program Director and the IA.