Incorporated
Policy changes from this SAMM E-Change memo have been incorporated into the SAMM.
DEFENSE SECURITY COOPERATION AGENCY
2800 DEFENSE PENTAGON
WASHINGTON, D.C. 20301-2800
10/22/2024
MEMORANDUM FOR :
DEPUTY UNDER SECRETARY OF THE AIR FORCE FOR INTERNATIONAL AFFAIRS
DEPUTY ASSISTANT SECRETARY OF THE ARMY FOR DEFENSE EXPORTS AND COOPERATION
DEPUTY ASSISTANT SECRETARY OF THE NAVY FOR INTERNATIONAL PROGRAMS
DIRECTOR, DEFENSE CONTRACT MANAGEMENT AGENCY
DIRECTOR, DEFENSE INFORMATION SYSTEMS AGENCY
DIRECTOR, DEFENSE LOGISTICS AGENCY
DIRECTOR, DEFENSE THREAT REDUCTION AGENCY
DIRECTOR, MISSILE DEFENSE AGENCY
DIRECTOR, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
DIRECTOR, SECURITY COOPERATION ACCOUNTING DIRECTORATE, DEFENSE FINANCE AND ACCOUNTING SERVICE, INDIANAPOLIS OPERATIONS
DIRECTOR OF CYBERSECURITY DIRECTORATE AND DEPUTY NATIONAL MANAGER FOR NATIONAL SECURITY SYSTEMS, NATIONAL SECURITY AGENCY
SUBJECT :
Defense Security Cooperation Agency Policy Memorandum 24-61, Updates to Letter of Request Actionable Criteria [SAMM E-Change 707]
REFERENCE :
- DSCA Policy Memo 21-66 [SAMM E-Change 545], "Revision to Letter of Offer and Acceptance (LOA) Document Processing Performance Metric," 16 September 2021
This memorandum updates policy on Letter of Request (LOR) actionable criteria for Foreign Military Sales cases only. For Title 10 and Title 22 Building Partner Capacity (BPC) programs, please reference Chapter 15 and Chapter 11, as required. The purpose of this policy is to clarify the criteria for determining when an LOR is deemed actionable. This policy also aligns processes for determining LOR actionable among the Implementing Agencies (IAs), specifies which criteria must be met prior to case development, and specifies which criteria must be met prior to determining that an LOR is complete.
The LOR actionable milestone was created to identify the date when an Implementing Agency (IA) determines that an LOR contains enough information to begin case development (see reference). The policy in the attachment is incorporated into the DSCA Security Assistance Management Manual (SAMM) at https://samm.dsca.mil.
If you have questions on this memorandum, please contact DSCA (Office of Administration, Performance, Improvement, and Effectiveness Directorate (ADM/PIE)) at dsca.ncr.pie.list.rads-civ-mil@mail.mil. Please reference the DSCA Policy Number and Memo Subject. For general questions about the SAMM, please contact DSCA (Office of Strategy, Plans, and Policy, Execution Policy and Analysis Directorate (SPP/EPA)) at dsca.ncr.spp.mbx.epa@mail.mil.
Jason Marker
Deputy Assistant Director
Performance, Improvement, and Effectiveness Directorate
Office of Administration
ATTACHMENT :
SAMM E-Change 707 - Updates to Letter of Request Actionable Criteria
Security Assistance Management Manual E-Change 707
UPDATES TO LETTER OF REQUEST ACTIONABLE CRITERIA
Update row #1 in the table under Section C5.1.2.1. for LOR guidelines as follows:
#
Guideline
1
Is submitted in accordance with criteria provided in Table C5.T3a. to ensure it is actionable;
Revise C5.1.7.2 as follows:
C5.1.7.2. Letter of Request Assessment. Upon receipt of an LOR, the IA will assess the LOR to determine if the request/requirement submitted by the purchaser meets the actionable criteria as defined in Table C5.T3a. The "LOR Date" and the "LOR Receipt" dates must be entered in the DSAMS customer request window prior to assessment of the LOR. A milestone entry for "LOR Assessment" date, including multiple iterations, is planned for a future DSAMS release. When this "LOR Assessment" milestone is available in DSAMS, the SAMM will be updated to reflect its availability and any requirements for mandatory use of the milestone in DSAMS. In the interim, the IAs are encouraged to track the LOR Assessment period to capture and analyze the time it takes for this activity. The "LOR Assessment" date is defined as the date the LOR Assessment period begins. While it is expected that this date will be close to the "LOR Receipt" date, there may be legitimate reasons (e.g., holidays and weekends) why the dates do not match exactly. The LOR Assessment period ends at either "LOR Insufficient" or "LOR Actionable," whichever occurs first. Category C cases will be required to use the "LOR Assessment" milestone in DSAMS, and therefore, will always have an LOR assessment period that ends with either "LOR Actionable" or "LOR insufficient." The use of the "LOR Assessment" milestone in DSAMS will be optional for all other case categories (A, B, or D cases).
C5.1.7.2.1. Letter of Request Insufficient. If an LOR does not meet the mandatory requirements found on Table C5.T3a., it is considered insufficient, and case development activities (to include case initialization) cannot be started until more information is obtained or clarified with the purchaser. The "LOR Insufficient" date is defined as the date that the LOR Assessment process has determined that the LOR does not meet the mandatory actionable criteria as defined in Table C5.T3a. Requests for Information will be sent to the purchaser to address information needed prior to the start of case development. A milestone entry for "LOR Insufficient" date, including capability for multiple iterations, is planned for a future DSAMS release. In the interim, the IAs are encouraged to track this date to capture and analyze the time it takes for an LOR to reach actionable status. When the new milestone is available in DSAMS, the SAMM will be updated to reflect its availability and any requirements for mandatory use.
C5.1.7.2.2. Letter of Request Actionable. Once an LOR, to include any additional information provided by the purchaser, meets the mandatory requirements found on Table C5.T3a., it is considered actionable and the IA may proceed with case development actions. An "LOR Actionable" milestone must be entered into DSAMS before case development activities may begin for Category C documents. The "LOR Actionable" milestone is defined as the date that the LOR Assessment process has determined that the LOR meets, at a minimum, the mandatory actionable criteria as defined in Table C5.T3a. To enter the "LOR Actionable" milestone in the Case Milestone Window, the case must first be initialized. The "LOR Actionable" milestone should then be entered upon case initialization. This milestone is mandatory for Category C documents (since it is the starting point for the case development clock) and optional for all other categories. The time period between "LOR Receipt" and "LOR Actionable" should be minimized to the extent possible. While no performance standard is set for this time period, IAs are encouraged to conduct additional research or follow-up with purchasers if an LOR does not reach actionable status within 30 days of receipt. Even though the LOR is considered actionable, further information may be needed to complete LOA document processing. "LOR Complete" criteria can be found in Table C5.T3b. and these criteria must be fully met, in addition to the criteria located in Table C5.T3a., for an LOR to be considered complete. Requests for Information will be sent to the purchaser to address remaining issues prior to entry of the "LOR Complete" date in DSAMS. The "LOR Actionable" milestone may be entered more than once on a case document if there is a significant change to previously provided requirements, in accordance with Section C5.1.7.3.
C5.1.7.2.3. Letter of Request Complete. Once an LOR, to include any additional information provided by the purchaser, contains all information needed to complete case development, an "LOR Complete" milestone must be entered into DSAMS. This indicates the date when all applicable criteria in Table C5.T3b. and Table C5.T3a. have been met and all Requests for Information have been addressed. The "LOR Complete" date must be entered into DSAMS prior to the Military Department approval (MILAP) milestone, which results in a case moving to "Write" status. sending the LOA document to the DSCA (Office of International Operations, Global Execution Directorate, Case Writing and Development Division (IOPS/GEX/CWD)).
Update SAMM Table C5.T3. by splitting it into two tables, C5.T3a. and C5.T3b., as follows:
Table C5.T3a. Mandatory Criteria Before LOR Actionable (Before Case Development Activities)
#
Criteria
1
Potential purchaser is an eligible FMS recipient. See Section C4.1.
2
The item defense article or defense service sought may be sold. See Section C4.4. and Section C4.5.
3
The request was submitted and received through proper channels. See Section C5.1.3.
4
No sanctions exist that would prevent an LOA from being prepared and/or offered to the purchaser. See Section C6.6.
5
The request is a valid military requirement of the purchaser.
6
The LOR has been submitted by a partner national representative is from a source with the authority to submit requests on behalf of the requesting country or international organization.
7
Determine whether the request is for an LOA, lease, or for P&A data.
8
An appropriate source of funding is identified to indicate the appropriate terms of sale (e.g., national funds, Foreign Military Financing non-repayable, etc.). Request for Bank Letter of Credit is approved.
9
The request is specific enough to enable a contracting officer to obtain pricing data. Requirements must include, but are not limited to: commodity, quantity, configuration/customization, required delivery date, required years of support. Request contains sufficient level of detail in its requirements for the responsible organization (e.g., a program office) to begin case development (LOAD phase) to include the defense articles, commodities, quantities, services, support, integration, etc.
10
Determine if a CTA and CCMD endorsement is are required, in accordance with Section C5.1.4. and Section C5.5.5.4. If so, begin coordination to obtain them. If a CTA and CCMD Endorsement is required, ensure it is has been provided.
11
Determine if the request includes a TIP in-scope item. If so, ensure a CTA and CCMD endorsement have been provided.
12
Determine if additional technical releases or policy reviews are required, in accordance Section C5.1.4.2. If so, begin coordination to obtain them.
13
Determine whether the Ensure the country is not has been in negotiation directly with a company to obtain the item via DCS. See Section C4.3.7.
Table C5.T3b. Mandatory Criteria Before LOR Complete
#
Criteria
1
Determine the purchaser's authorized term(s) of sale. See Section C9.8.
2
If a CTA and CCMD endorsement are required, ensure they have been provided, and that all necessary elements have been satisfied. See Section C5.1.4. and Section C5.5.5.4.
3
The request is specific enough to enable a responsible organization (e.g., a program office) to obtain all pricing data. Requirements must be finalized, including (but not limited to): the defense article, commodity, quantity, configuration/customization, required delivery date, and required years of support.
4
Determine if the purchaser is requesting sole source procurement. See Section C6.3.4.
5
Determine whether the partner nation has submitted a request to waive non-recurring costs. See Section C9.6.3.
6
Determine whether overseas Contract Administration Services (CAS) surcharge applies. See Table C9.T4.
7
Ensure the LOR contains the following (as appropriate):
- All hardware requirements are specified, including identifying designation
- Determine whether non-standard or non-program of record (NPOR) equipment is required
- Determine whether requested capability/equipment has not yet undergone Initial Operational Testing and Evaluation (IOT&E) and requires a Yockey Waiver
- Determine whether a site survey is required
- Support and training requirements are identified
- Transportation requirements are identified
- Determine whether COMSEC release is needed, to include a Release in Principle.
- Identify if there are diminishing resources and supply issues with the weapon system identified
- Technical assistance requirements are identified (see below examples)
- Initial/long term follow-on maintenance requirements for support (e.g., organizational, intermediate, depot level)
- Contractor logistics support requirements
- Contractor post-production support
- Contractor in-country support requirements
- Other Total Package Approach (TPA) requirements are identified (e.g., Targeting Infrastructure Requirements, etc.)
- Identify whether storage is required for a defense article/service that is classified, controlled, cryptographic intelligence, or explosive
- Determine whether any Electronic Warfare (EW) systems require a Release in Principle
- Determine if a site certification for the protection of either Enhanced End-Use Monitoring (EEUM) or Significant Military Equipment containing classified information/systems and related components is required
Update the table under C5.1.7.3. as follows:
#
Letter of Request Changes Considered "Significant" for New Letter of Request Actionable Date
1
If requirement changes result in failure to meet mandatory actionable criteria in Table C5.T3a.
2
Increase or addition of case value that causes an LOA document that was previously below CN thresholds to now meet CN thresholds.
3
Increase or addition of case value that causes an LOA document that was previously notified, to exceed the program value submitted on the CN.
4
Addition or change of MDE or SME that would require revision to CN packages or submittal of new waivers, release, or disclosure packages.
5
Addition of country-specific software, not previously included as a requirement, that requires weapon system integration.
6
Addition of sole source pricing, not previously included as a requirement, that causes pricing efforts to restart.
7
Addition of Not to Exceed (NTE), not previously included as a requirement, that causes pricing efforts to restart.
Update C5.4.2.3.1. as follows:
C5.4.2.3.1. Requirement Changes Prior to Offer. If the case requirements change before the LOA document has been offered to the purchaser, the LOA document should be adjusted and updated to reflect any changes that are suitable for inclusion. As with the initial requirements, the IA must review any changes in accordance with the criteria on Table C5.T3a. to see if the updated requirements are allowable. If the requirements changes are minor, the IA should incorporate them into the current development effort without change to the document milestones. If the requirements changes are significant (in accordance with Section C5.1.7.3.), the IA must enter a new "LOR Actionable" date to allow tracking of the document preparation against the revised date.
Update Table C5.T18. as follows:
Table C5.T1820. Letter of Request Milestone Definitions
Milestone/Status
Entered in the Defense Security Assistance Management System by:
Definition
LOR Date
IA
- Date included on the actual request from the purchaser.
LOR Receipt
IA
(through the customer request window)- Date the IA received the LOR, independent of any validation or assessment of whether it is actionable.
- "LOR Receipt" date is the "clock start" point for Category A, B, and D documents.
LOR Assessment
NOTE: This milestone is not yet in DSAMS. Tracking and analysis of this milestone will be at the discretion of the IA until DSAMS is updated.
IA
- The process used to determine if the request submitted by the purchaser meets the actionable criteria in Table C5.T3a.
- The "LOR Assessment" date is the date the LOR Assessment period begins. While it is expected that this date will be close to the "LOR Receipt" date, there may be legitimate reasons why the dates do not match exactly.
- The LOR Assessment ends at "LOR Insufficient" or "LOR Actionable Complete," whichever occurs first.
- The LOR Assessment milestone will be mandatory for Category C cases but optional for other categories.
LOR Insufficient
NOTE: This milestone is not yet in DSAMS. Tracking and analysis of this milestone will be at the discretion of the IA until DSAMS is updated.
IA
- An LOR that does not meet the mandatory criteria found on Table C5.T3a. is considered insufficient.
- The "LOR Insufficient" date must be entered into DSAMS and is the date that the LOR Assessment process has determined that the LOR does not meet the mandatory actionable criteria as defined in Table C5.T3a.
- Case development activities, to include case initialization, cannot be started until more information is obtained or clarified with the purchaser.
LOR Actionable
IA
- An LOR that meets the mandatory requirements found on Table C5.T3a. is considered actionable.
- The "LOR Actionable" date must be entered into DSAMS for AOD Category C cases (optional for other categories) and is the date that the "LOR Assessment" process determined that the LOR meets the mandatory actionable criteria as defined in Table C5.T3a.
- IA may proceed with case development actions once this milestone is entered.
- The time period between "LOR Receipt" and "LOR Actionable" should be minimized to the extent possible.
- "LOR Actionable" date is the "clock start" point for Category C documents
LOR Complete
IA
- Date when all applicable criteria in Table C5.T3a. and Table C5.T3b. have been met and all Requests for Information have been addressed.
- Once an LOR, to include any additional information provided by the purchaser, contains all information needed to complete case development, an "LOR Complete" date must be entered into DSAMS. This must occur before the Military Department approval (MILAP) milestone is entered document can be sent to DSCA (IOPS/GEX/CWD) for action.
BPC Wait
DSAMS-generated
- Date when BPC case documents (Category D) have completed all development actions and are awaiting funding approval.
- This happens automatically when DSCA (IOPS/GEX/CWD) changes the document to Review status.
- "BPC Wait" is the "clock stop" point for Category D documents.
Offer Status
DSAMS-generated
- Date when the document is ready to offer to the purchaser.
- This happens automatically when the countersignature date is entered in DSAMS by DSCA (IOPS/GEX/CWD).
- Offer status is the "clock stop" point for Category A, B, and C documents.
- All LOA Preparation Milestones in Table C5.T9. from CASEAGN-OFFERED must be achieved before Offer Status.