Foreign Military Sales
No
Building Partner Capacity
Yes
Note Input Responsibility
CWD
Date Range Of Use
All
References

See Section C15.5.9.5., Section C15.5.9.13., Section C15-Legacy.5.9.5., and Section C15-Legacy.5.9.13.

Note Usage Instructions for Documents

Mandatory for Building Partner Capacity (BPC) Letters of Offer and Acceptance (LOAs) and Amendments, as well as Modifications for programs developed using the Defense Security Assistance Management System (DSAMS) case module (unless the latest version is on the implemented version). Use for Both Title 10 and Title 22 Programs.

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 Building Partner Capacity (BPC) Letter of Offer and Acceptance (LOA) to the agreed point of delivery in the Benefitting Partner's territory. The Security Cooperation Organization (SCO) (or U.S. Government representative) will confirm receipt of all materiel deliveries within 30 days in accordance with Security Assistance Management Manual (SAMM) Section C15.5.9.5.
    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, Implementing Agencies (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 Defense Security Cooperation Agency (DSCA) Program Manager DSCA (Office of International Operations, Global Capability Development Directorate (IOPS/GCD)) 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 BPC LOAs. The 12-month waiting period for closure of Foreign Military Sales (FMS) LOAs to facilitate the submittal and resolution of SDRs does not apply to BPC LOAs.
  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 BPC 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 (Office of International Operations, Global Capability Development Directorate (IOPS/GCD)) and the IA."