Some authorities, like Section , have their own annual coordination cycles. International Sanctions and Leahy Restrictions. The DoS Leahy law Section M of the FAA provides that no assistance may be provided under the FAA or the Arms Export Control Act AECA to any unit of the security forces including an individual of a Benefitting Country if the Secretary of State has received credible information that such unit has committed a gross violation of human rights, unless the partner nation is taking effective steps to bring the responsible members of the security forces unit to justice.
The DoD Leahy law is provided in the annual DoD Appropriations Act, and it provides that DoD appropriations may not be used to support a training program involving a security forces unit including police of a partner nation if the Secretary of Defense has received credible information from DoS that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Benefitting Country Involvement.
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Benefitting Country representatives should provide details of their existing capabilities, capacity, and security requirements to enable identification and prioritization of BPC requirements. The Benefitting Country should also indicate its ability to support and sustain the articles and services under consideration after delivery. The SCO may share information that contributes to defining requirements; arranging for delivery, Benefitting Country Customs processing, and security; operating and sustaining the defense articles; and achieving training objectives.
SCOs are encouraged to share requirement information with Benefitting Country representatives, as appropriate, to support U. Case information will be shared consistent with U. Release of information regarding the schedule of shipments or training events does not constitute a commitment of the United States and SCOs should clearly communicate this to Benefitting Country representatives.
No guarantee of assistance can be made until the defense articles or services are delivered and title and custody has been properly transferred. Protected Information. The following information may not be shared and must be removed from case documents prior to release unless the IA has obtained authorization from DSCA Strategy Directorate to share the information:.
Pre-decisional case information to include the draft pseudo LOA ;. USG internal correspondence regarding the case e. Information pertaining to another partner nation a pseudo LOA with multiple Benefitting Countries must be carefully screened prior to sharing ;. Proprietary information from any source; or,. Identification of Desired Capabilities. The Requesting Authority, in coordination with the CCMD if it is not the CCMD itself , should define Benefitting Country military roles required to meet security objectives under existing and emerging security environments.
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For each capability considered, this assessment should ideally include an analysis of doctrine, organization, training, materiel, leadership, personnel, and facilities within the Benefitting Country so as to prevent an overly narrow focus on equipment or training solutions. The Country Campaign Plan articulates how desired roles and capabilities relate to specific CCMD and national-level strategic objectives. Prioritize Requirements. Embassy is willing to support. This will help direct resources toward the most urgent requirements, assure proper sequencing of the delivery of new capabilities, facilitate the creation of capability packages, and provide scale-ability to the overall program should only a portion of requested funds be available.
Prioritization should be done in coordination with IAs and CCMD staff, and should take into consideration any known restrictions on the use of funds. Capability Package Planning. The Requesting Authority will translate prioritized requirements into packages of specific, actionable, and sustainable BPC program requests. For complex programs, or to obtain more definitive assessments, USG subject matter experts may conduct site visits to consult with Benefitting Country representatives, inspect equipment, evaluate institutional capacity, and assist the Requesting Authority in capability package planning.
See Section C2. During planning, the Requesting Authority should consider and address follow-on support and effective sustainability, recognizing that BPC programs are time-limited by their appropriations.
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Adequate sustainment support may require spares, additional training, consumables, and possibly contractor logistics support that exceed BPC program funding timelines. Feasibility Assessment. The IA will conduct a feasibility assessment to verify that requirements are actionable and funds can be obligated within time and budget constraints.
Feasibility assessments identify any documentation needed to complete the MOR package, such as a Country Team Assessment and CCMD endorsement; definition of requirements; technology security and foreign disclosure releases; accurate equipment, training, and support cost estimates; transportation plans; and special contracting requirements. Funds Execution Planning. The IA will verify that all case funds can be obligated before the expiration date provided in Table C Similarly, the IA will consider materiel shipment requirements and ensure that sufficient transportation funds are identified in the MOR and collected below-the-line on the LOA.
Memorandum of Request MOR. MORs must be submitted in unclassified communication channels so they are accessible to all stakeholders; formats vary according to the program. Requesting Authorities should submit completed MORs no later than the first quarter of the fiscal year to allow adequate time for case development and funds obligation. See Table C5. T6, for Group D.
Memorandum of Agreement MOA. Similar language is used for transfer of other non-DoD funds. MOR Information. Figure C Guidance for Sole Source Justification. Congressional Notification and Funding. BPC program execution is subject to Congressional Notification before funds are made available for case implementation. The Congressional Notification process, managed by the Funding Authority, may take place prior to MOR submittal, concurrent with case development, or even after case development, but must be completed prior to case implementation.
DoD-Funded Programs. BPC program funds may be notified annually or may be notified in multiple tranches during the fiscal year. The level of detail required for each Congressional Notification varies.
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Non-DoD-Funded Programs. See Figure C The Requesting Authority and Security Cooperation Organization SCO will remain actively engaged during case development to clarify requirements, ensure development is on-track, and maintain communications with the Benefitting Country. Initiating a Pseudo LOA.
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The case identifier is a 6-position alpha-numeric string which includes the program code, the single-position IA code of the DoD component providing the support, and a 3-position case designator e. The IA must exercise care whenever items and quantities on the LOA change to ensure they do not change or exceed the nature and scope of the congressionally notified program. Depending on the requirements of the authorizing statute, there may be no flexibility in adjusting or exceeding the notified quantifies or values.
Standard Level of Service. See Table C9. Funding Authorities may approve payment for above standard level of service activities as long as the requirement is clearly justified in the MOR. Defense Articles. The price of defense articles sold under BPC program authority is the acquisition cost, adjusted as appropriate for condition and age. The selling price is the DWCF current standard price. Payments or reimbursements are credited to the DWCF providing the items. The IA will set the price for these assets at the sum of the most recent actual procurement cost and modifications or improvements incorporated after production, adjusted for age or condition, plus prorated overhaul cost.
Non-Excess Procurement Assets to be Replaced. The Funding Authority will make reimbursements equal to the estimated replacement cost, including the contract or production costs of the article less an adjustment for age and condition of the item being sold. The unit cost restrictions contained in 10 U. Buy American Act. These require DoD to purchase only U.
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For training requiring dedicated resources, the full cost of the training will be applied excluding military pay and civilian unfunded retirement. Surcharges and Accessorial Charges. Refer to Section C Medical Expenses. BPC Grant funded programs fall under a number of authorities that may provide funding for emergency and non-elective health care necessary to either return the IMS to training or return the IMS to their country.
If funds on the case are insufficient to cover unforeseen medical expenses, the case may be amended and BPC program funds may be added to the case. Dependent Travel. Travel with Dependents and Section C Transportation Charges. These below-the-line transportation charges called such because they are added on the LOA estimated cost summary below the line item net estimated cost are collected into a Transportation Cost Account within the FMS Trust Fund.
Below-the line transportation expenses are subsequently paid from this account. There are specific situations, however, in which the standard transportation rate will not be applied. If an IA deviates from the standard percentage rate, it must enter a case remark in DSAMS to provide the rationale for the rate being used. Transportation to a Consolidation Point. If materiel consolidation is planned during case development, the IA will include a case note on the Pseudo LOA document to describe the intended consolidation and cite the separate case if known that will provide funds for materiel handling at the ICP and onward shipment into the Benefitting Country.
Separate Transportation. If a separate transportation case will fund transportation of materiel to the Benefitting Country other than from a consolidation point , the IA should not include a transportation charge on the Pseudo LOA. This information will also be entered when the TBC is selected. Premium Transportation. If a line item will be transported via a Special Assignment Airlift Mission SAAM or other premium transportation, the transportation service is entered as an above-the-line direct charge and not assessed on a rate basis.
Prime Vendor Transportation. For system sales and more complex acquisition and sustainment efforts, the IA may request approval from DSCA Strategy Directorate for the prime vendor to transport and make delivery of materiel to the in-country location. The IA will include a note in the pseudo LOA to describe the transportation and delivery arrangements.
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Absent specific statutory authorization, BPC programs cannot be used for engineering services or construction to accomplish infrastructure projects within a Benefitting Country that are in support of U. Such projects are governed by the laws regarding military construction, 10 U. Section , implementing regulations and guidance provided by the CCMD.
Nonrecurring Costs NC. Period of Performance for Services. The allowable period of performance for services funded under a BPC case is subject to time limitations provided in the DoD FMR and in authorizing legislation. The IA will make its best efforts to perform services in compliance with the Funding Authority's required delivery date RDD or period of performance.