FMS
No
BPC
Yes
Note Input Responsibility
CWD
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.

References
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 15.5.4.6.

    3. Any shipment discrepancies or damage will be reported by a U.S. Government representative through the existing DoD discrepancy reporting system (Transportation Discrepancy Report (TDR) or Supply Discrepancy Report (SDR)), according to procedures for processing U.S. Government-owned materiel transported through the Defense Transportation System (DTS)). The SDR (Standard Form 364) will be used by the SCO to promptly report any overage, shortage, damage, item deficiency, improper identification, improper documentation, or non-shipment of defense articles. The SCO may submit SDRs for documentation purposes regardless of the dollar value of the discrepancy, but only claims valued at $200 or more (based on the value of the item plus any transportation and handling costs) will be reviewed for possible funding reimbursement. 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.

  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.