FMS
Yes
BPC
No
Note Input Responsibility
IA
Date Range Of Use
All
Note Usage

Mandatory for FMS LOAs that include design and construction services.

Mandatory for Amendments and Modifications that add design and construction services.

Note Text

"This LOA includes design and or construction services offered under the authority of AECA, section 29. The construction agent for this portion of the program is [insert name/organization acting as the DoD construction agent]." [If construction is on a U.S. military installation, add the below text] Except for funds necessary to carry out partner design and planning services this line is contingent upon conclusion of a Lease, Contribution agreement or a Technical Arrangement that conveys primary operational use and access of DoD-owned U.S. military installation facilities pursuant to the [insert applicable Title 10 Secretarial authority] for construction of required facilities by the Implementing Agency. If the TA is terminated prior to the completion of the specified facilities listed in the TA, the DoD reserves the right to either (1) assume ownership of any improvements or any new facilities or (2) request removal of any improvements, demolition of any new facilities and reconstitution of the area at a cost to the IA prior to program closure. No residual value will be paid to the Partner Nation for any facilities fully or partially constructed pursuant to the TA or the LOA. If the U.S. elects, all improvements, and any new facilities shall revert or transfer to the U.S. automatically and the IA will execute any documentation reasonably requested by the U.S. to confirm transfer or reversion and be free and clear of liability. Upon TA termination, the corresponding LOA must be amended to remove the provision of any future design and construction services to the Partner Nation.