Attachment A: Security Assistance Management Manual E-Change 763

1. Update C15-Legacy - "Building Partner Capacity Case Development, Implementation, and Execution Process" Title and Intro per below:

   C15-Legacy - Building Partner Capacity Letter of Offer and Acceptance Development, Implementation, and Execution Process Using the Defense Security Assistance Management System Case Module.

   This chapter is for covers Building Partner Capacity (BPC) programs that use executed under BPC Letters of Offer and Acceptance (also known as BPC cases) developed in the Defense Security Assistance Management System (DSAMS) Case Module. Refer to Chapter 15 for guidance on Title 10 BPC programs using the DSAMS BPC Module. See Each program listed in Appendix 8 for more information on how programs are executed. This chapter is nicknamed Chapter 15-Legacy.

    

2. Update SAMM references per below:

   C1.3.2.6. Implementing Agencies. An Implementing Agency (IA) is the MILDEP organization (See Table C1.T1.) or defense agency (See Table C5.T2B.) responsible for the execution of SC programs. The IA is responsible for the overall management of actions for delivery of the materiel, supporting equipment, or services set forth in the SC programs and activities being provided to a foreign partner. In coordination with State, the Office of the Under Secretary of Defense for Policy (OUSD(P)) and DSCA, for all matters affecting or related to the respective department's or agency's support to the Combatant Commanders (CCDRs) concerning SC, IAs serve as advisors to the SECDEF. IAs provide, either through sales, grant, or lease, defense articles and defense services, including training, and provide International Military Education and Training (IMET) on a grant basis, to eligible foreign partners in accordance with policies and criteria established by State, the Office of the Secretary of Defense (OSD) and the Director, DSCA. IAs provide the technical information and other data, upon request, on weapons systems, tactics, doctrine, training, capabilities, logistic support, price, source, availability, and lead-time for developing and reviewing SC programs. IAs maintain appropriate records and furnish prescribed reports as requested. IAs provide qualified military and civilian personnel to carry out SC assignments according to approved tables of distribution and other authorizations, directives, and requests. Directives that govern IAs ensure conformance with technology transfer, classified military information release, and disclosure policies for their respective areas of responsibility while conducting SC activities. IAs also assist the Office of the Under Secretary of Defense for Acquisition and Sustainment (OUSD(A&S)) and the Director, DSCA, as requested, in government-to-government or interdepartmental discussions or negotiations involving SC. See Table C5.T2A. and Table C5.T2B. for a list of DoD organizations designated as IAs and/or organizations authorized to receive and action Letters of Request (LORs) for SA, and Memorandum Of Request (MORs) for the other SC programs. See Section C15.2.11. and Section C15-Legacy.2.13. (for programs as identified in the Chapter 15 introduction) for the MOR process.

   C4.4.19. Working dogs. A working dog is a specially trained canine bred, procured, or acquired to perform various tasks and duties in support of military operations. Training areas for working dogs include protection of military installations, resources, and personnel, explosive detection, illegal narcotic detection, search and rescue, patrol, and tracking. Only FMS Purchasers are eligible to obtain working dogs and must be willing to allow the USG to conduct an initial pre-site survey and inspection of any kennel facility prior to delivery of the animals. The IA, in consultation with the SCO and DSCA (Office of Administration, Performance, Improvement, and Effectiveness Directorate, Assessment, Monitoring and Evaluation Division (DSCA/ADM/PIE/AME)), will conduct the required site surveys, inspections, and annual welfare checks. For Building Partner Capacity (BPC) programs see Section C15.2.11.1. and Section C15-Legacy.1.13.1. (for programs as identified in the Chapter 15 introduction).

   C6.3.4.1.2. This exception is not available for use with Building Partner Capacity (BPC) programs (except for 10 U.S.C. 333. See Section C15.2.6.5.3.1.), which are funded with U.S. appropriations. Figure C15.F1., Section C15.2.6.5., Figure C15-Legacy.F2., and Section C15-Legacy.2.16. (for programs as identified in the Chapter 15 introduction) for guidance to the BPC Requesting Authority on sole source procurement.

   C7.3.1. Procurement Items. Unless otherwise specified in the LOA, when FMS material is procured directly from a vendor and shipped directly to the purchaser, title passes at the manufacturer's loading facility. FMS transactions are government-to-government sales and the terms of any DoD-administered contract for FMS materiel should be Free-On-Board (FOB) origin, consistent with Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) Section 225.7301(c). For more information on FOB origin, reference: Federal Acquisition Regulation (FAR) Section 47.303-1 F.O.B. Origin. See Section C15.5.6.5. for guidance on title transfer for defense articles procured under Building Partner Capacity (BPC) authority. For materiel requiring a Notice of Availability (NOA) (Defense Department (DD) Form 1348-5), costs associated with storage and insurance will begin as soon as the NOA is sent to the address in the Military Assistance Program Address Directory (MAPAD). See Section C7.11. for more information on NOAs.

   C7.19.1. The Procurement Agency will notify the Implementing Agency (IA) of any materiel procured offshore and the IA notifies the purchaser of articles to be supplied from offshore sources within three weeks after source identification. The purchaser may, for logistics reasons, request that the procurement be made from a Continental United States (CONUS) source. The IA will notify the Procurement Agency of the purchaser's decision. If procurement is from an offshore vendor, the DoD Contract Administrator must send a Notice of Availability (Defense Department (DD) Form 1348-5) to either the Offshore NOA address identified for the purchaser in the applicable Military Assistance Program Address Directory (MAPAD) or, if none is listed, to the appropriate NOA address listed for the applicable MAPAD. Based on the NOA, the purchaser or its Foreign Military Sales (FMS) freight forwarder may direct movement of the materiel to an offshore facility in the same region as the materiel's origin or to the FMS freight forwarder's facility in CONUS. The purchaser is responsible for the cost of movement to the CONUS FMS freight forwarder and for all export and/or import licenses and Customs clearance requirements imposed by the materiel's country of origin and the USG. Regardless of what procedure is followed, title passes to the purchaser at the shipment's point of origin, see Section C15.5.6.2.1.2. and Section C15-Legacy.5.5.2. for Building Partner Capacity shipments from outside CONUS certain exceptions and Chapter 9 for further information on Offshore Procurement. The DoD CONUS contractor who was awarded the original FMS contract is responsible if they purchase the items offshore at an OCONUS subcontractor's facility since this will change the original plans for transportation and DoD contract that was awarded. The primary DoD contractor then becomes responsible to move the freight from the subcontractor's facility to the ultimate destination at no cost to the USG or the FMS customer.

   C10.13.3. Travel and Living Allowance on Building Partner Capacity Cases. The Implementing Agency (IA) will coordinate training proposals with the DSCA (Office of International Operations (IOPS)) and the Building Partner Capacity (BPC) Program Managers (PMs) to ensure CONUS or OCONUS training is appropriate and executable before including such training in the BPC memorandum of requirement (MOR). The IA may include appropriate TLA charges on BPC cases in accordance with the authorized living allowance rates in Table C10.T12. Approval from DSCA (Defense Security Cooperation University, International Military Training and Education Division (DSCU/IMTE)) to include TLA charges on the BPC MOR is not required. Refer to Section C15.3.6. and Section C15-Legacy.3. (for programs as identified in the Chapter 15 introduction), to ensure that projected training schedules comply with period of performance restrictions applicable to the BPC program.

   Appendix 6:

   LOA Note	Area	Update
   Current Year Funds Usage - Building Partner Capacity (BPC)	References	Section C15.6.1.1.3. and Section C15-Legacy.6.2.1.2.
   Justification and Approval (J&A) for Sole Source Procurement - Building Partner Capacity (BPC)	References	See Section C15.2.6.5., Section C15-Legacy.2.16., Figure C15.F1., and Figure C15-Legacy.F2.
   Materiel Transfer - Building Partner Capacity (BPC)	References	See Section C15.5.6.3.2., Section C15.5.6.5.5., Section C15-Legacy.5.9.5., and Section C15-Legacy.5.9.13.
   Nonrecurring Costs Do Not Apply - Building Partner Capacity (BPC)	References	See Section C15.3.7.2.4. and Section C15L.3.9.6.
   Prior Year Funds Usage - Building Partner Capacity (BPC)	References	See Section C15.6.1.1.2. and Section C15-Legacy.6.2.1.
   Shipment Consolidation - Building Partner Capacity (BPC)	References	See Section C15.3.11.3. and Section C15-Legacy.3.13.3.

   Appendix 8 - Section 333:

   S333.2.5.2.2.1. Provision of Services Related to Equipment Delivery. Certain activities that are not non-severable services but are intrinsic to the provision of equipment being delivered under a Section 333 program may be executed upon delivery of long-lead equipment that is outside the period of performance authorized by CFY authority. Such activities may include engineering and technical services, quality assurance, installation, transportation, and initial operator training (not tactical or deployment training, see Section C15.3.10.6.2.) when a BFN exists at the time the funds are initially obligated to procure the long-lead equipment. Such services and/or training must be included in the procurement contract awarded for equipment during the appropriations' original period of availability (POA) for obligation.

   S333.2.8.3. Funding 333 Program Wide Support. (For FY25 appropriations and later, see Section C15.3.11.2. for general guidance (for FY24 appropriations and before, see Section C15-Legacy.3.2.2.)).

   S333.4.4. Feasibility Review. In accordance with Section C15.2.6.4. (for FY24 appropriations and before, see Section C15-Legacy.2.7.1.), the IA will conduct a feasibility assessment to verify that requirements are actionable, and the desired materiel and training can be provided in accordance with the restrictions of the authorizing legislation. During the review period, the IA should assess the feasibility of the Lines of Effort (LOEs)/program, provide justification to DSCA for any requirements that cannot be executed as requested, identify and submit to DSCA (IOPS/GCD) and the RA any additional information or clarification the IA requires to generate P&A data. DSCA (IOPS/GCD) recommends that IAs using the Feasibility Checklist on the TEL early in the process to successfully generate requirements.

   S333.6.3.1. Memorandum of Request. Within five business days of DSCA's "Case Development" email, the IAs must review the memorandum of request (MOR) package to determine if the MOR package is actionable and complete (see Table Table C15.T2. (for FY24 appropriations and before, see Table C15-Legacy.T2.)). If the IA cannot action the MOR, the IA must provide DSCA (IOPS/GCD) with written justification explaining why case development cannot begin. If the MOR package is complete, the IAs will use the email receipt data as the LOR receipt date into DSAMS to initiate development. The IA will send the Case IDs for the identified projects to DSCA. DSCA will enter the Case ID in SCIP/SCMS/Tranche maintenance input screen. IAs are expected to prioritize case development for projects using funds expiring that year.

   S333.6.3.2. Case Development Category. Section 333 cases should be assigned to Case Development Category Group D in accordance with Table C5.T6. See Section C15.3.2. (for FY24 appropriations and before, see Section C15-Legacy.3.4.) for more information on case development timelines.

    

3. Update Appendix 8 "Section 332(b) and Section 1210 of P.L. 116-92 - Legal Institutional Capacity Building Initiative" Program Authority Status and Legal Citation information per below:

   Program Duration: Temporary, Expires on December 31, 2028

   Legal Citation: 10 U.S.C. 332 Statutory Notes and Related Subsidiaries, as added by Section 1210 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (P.L. 116-92), and as amended by Section 1208 of the NDAA for FY 2024 (P.L. 118-31)

    

4. Update Appendix 8 "Indo-Pacific Maritime Security Initiative" Program Authority Status and Legal Citation information per below:

   Program Duration: Temporary, Expires on December 31, 2027

   Legal Citation: Section 1263 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 (P.L. 114-92), as amended most recently by the NDAA for FY 2023 (P.L. 117-81).

    

5. Update the policy memo statuses per below:

   DSCA #	Policy Memo Status	Updated Status
   DSCA 12-41	Incorporated	Superseded by 24-04
   DSCA 12-45	Incorporated	Superseded by 24-04
   DSCA 13-01	Incorporated	Superseded by 24-04
   DSCA 13-05	Incorporated	Superseded by 24-04
   DSCA 15-20	Incorporated	Superseded by 24-04
   DSCA 16-22	Incorporated	Superseded by 24-04
   DSCA 20-66	Incorporated	Superseded by 24-04
   DSCA 21-46	Active	Superseded by 24-62
   DSCA 22-03	Active	Superseded by 24-04
   DSCA 22-19	Incorporated	Superseded by 24-04
   DSCA 22-20	Incorporated	Superseded by 24-04
   DSCA 22-30	Incorporated	Superseded by 24-04
   DSCA 22-39	Incorporated	Superseded by 24-04
   DSCA 22-78	Incorporated	Superseded by 24-04
   DSCA 24-04	Active	Updated by 24-36

Attachment B: Security Assistance Management Manual E-Change 763

Chapter 15 - Building Partner Capacity Case Letter of Offer and Acceptance and Training Grant Development, Implementation, and Execution Process 

Please see Chapter 15 for updated content.