Bidders Library Security - DISAI 100-50-16.pdf

DEFENSE INFORMATION SYSTEMS AGENCY

P. O. BOX 549

FORT MEADE, MARYLAND 20755-0549

DISA INSTRUCTION 100-50-16*

POLICIES

International Security Assistance

1. Purpose. This Instruction advises of the management of and assigns responsibilities and duties for international security assistance.

2. Applicability. This Instruction is applicable to DISA activities.

3. Authority. This Instruction is published in accordance with the authority contained in the Foreign Assistance Act of 1961, as amended (22 U.S.C. Sec. 2151 et seq), and the Arms Export Control Act of 1976, as amended (22 U.S.C. Sec 2751 et seq).

4. References.

4.1 DSCA Manual 5105.38-M, Security Assistance Management Manual (SAMM).

4.2 DoD 7000.14-R, Department of Defense Financial Management Regulation (FMR), Volume 15, Security Cooperation Policy.

4.3 DoDD 5230.20, Visits and Assignments of Foreign Nationals, 22 June 2005.

5. Definitions. Definitions are provided in the enclosure.

6. Management. The management of DoD-led Security Assistance programs that are supported by DISA is accomplished by the Director for Development and Business Center (DBC). This includes Foreign Military Sales (FMS), Foreign Military Financing (FMF), Foreign Exchange, and/or Foreign Liaison Officer Programs, as well as foreign disclosure, release, and visit request activities, in accordance with the Defense Security Cooperation Agency (DSCA) Manual 5105.38-M (reference 4.1).

7. Duties.

7.1 Foreign Military Sales (FMS) Case Manager. An FMS Case Manager serves as the central point of contact for matters related to an FMS case and will:

7.1.1 Advise the Director, DISA, and provide guidance to Directors, Executives, Commanders, Chiefs of major organizational elements and Agency personnel on FMS and security cooperation policy issues.

DISAI 100-50-16

7.1.2 Establish and publish initial and long-range goals, objectives, and plans for case management and execution, as well as ensuring those efforts are in accordance with (IAW) approved foreign disclosure and technology transfer requirements.

7.1.3 Ensure compliance with applicable Federal Laws and associated DoD Regulations, Instructions, and procedures, as they pertain to Security Assistance programs and FMS.

7.1.4 Provide FMS case management from assignment through case reconciliation and closure activities by coordinating necessary actions to satisfy case requirements and objectives.

7.1.5 Process and prepare responses to Letters of Request (LORs) for Price and Availability (P&A) data and Letters of Offer and Acceptance (LOAs) for defense products and services.

7.1.6 Ensure funding is in place and financial requirements are fulfilled and that material and services performance are completed within the required specifications.

7.1.7 Ensure contracting milestones are met.

7.1.8 Ensure delivery and performance reports are timely and accurate and that automated records or data sources reflect accurate information.

7.1.9 Maintain a case file of significant events, documents, and decisions and ensure case records are retained IAW Chapter 6 of Volume 15 of DoD Regulation 7000.14-R (reference 4.2).

7.1.10 Perform an annual FMS case and payment schedule review and/or reconciliation.

7.1.11 Complete required training that is designed to prepare personnel for support activities or gain systems access IAW policies, procedures, and required actions throughout the full FMS case life cycle.

7.2 Foreign Military Sales (FMS) Financial Management (FM) Team Members.

An FMS FM Team member will:

7.2.1 Obtain Obligation Authority for each case and establish case records in the Centralized Information System for International Logistics (CISIL); coordinate, develop, and prepare financial data in support of FMS cases; and prepare and verify funding requirements and initiate case amendments or modifications in a timely manner.

7.2.2 Ensure proper DoD financial and accounting procedures for FMS cases are followed.

7.2.3 Ensure FMS cases are established in the Washington Area Accounting System/Defense Area Accounting System (WAAS/DAAS).

7.2.4 Verify funding is available and ensure commitments, obligations, disbursements, and billings are posted to the correct FMS case and line, IAW Chapter 6 of Volume 15 of DoD 7000.14-R.

http://comptroller.defense.gov/fmr.aspx

7.2.5 Ensure cases and lines are active until the FMS Case Manager provides final reconciliation documentation.

8. Responsibilities.

8.1 Workforce Services Executive (WSE). The WSE will:

8.1.1 Ensure appropriate clearance and access controls are in place for foreign nationals visiting

DISA.

8.1.2 Ensure security personnel are trained to use the Office of the Secretary of Defense (OSD) mandated Foreign Visit System - Confirmation Module (FVS-CM). (The FVS CM is used for foreign visitors accessing DISA sites.)

8.1.3 Ensure proper badging of foreign visitors and assigned foreign personnel to include Foreign Liaison Officers and Foreign Exchange Officers, in accordance with DoD Directive (DoDD) 5230.20 (reference 4.3).

8.2 Director for Procurement Services Directorate (PSD). The Director, PSD, will

8.2.1 Ensure all FMS contracts are compliant with the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS).

8.2.2 Provide support on contract closeouts for FMS case reconciliation and closure activities.

8.3 General Counsel (GC). The GC will provide legal guidance on current and proposed FMS cases.

JOEL S. LINDEMAN

Colonel, USA Chief of Staff

*This Instruction replaces DISAI 100-50-16, 24 October 2012.

OPR: DBC BDM3 - disa.meade.bd.list.bdm3-all@mail.mil> DISTRIBUTION: Intended for public release.

Enclosure

DEFINITIONS

Centralized Information System for International Logistics (CISIL). An automated system supporting foreign military sales (FMS).

Defense Security Assistance Management System (DSAMS). An automated information system used for the development, preparation, and submission of foreign military sales (FMS) cases and price and availability (P&A) packages.

Defense Security Cooperation Agency (DSCA). The agency responsible for the management of DoD participation in international programs and security assistance.

Foreign Military Financing (FMF). A source of financing that may be provided to a partner nation on either a grant (nonrepayable) or direct loan basis.

Foreign Military Sales (FMS). A nonappropriated program through which eligible foreign governments purchase defense articles, services, and training from the U.S. Government.

These purchases may be from either DoD stocks or through DoD managed contracts. A signed government-to-government agreement (Letter of Offer and Acceptance [LOA]) facilitates the sale.

Letter of Offer and Acceptance (LOA). A U.S. DoD letter by which the U.S. Government offers to sell to a foreign government or international organization U.S. defense articles and defense services pursuant to the Arms Export Control Act, as amended. The LOA lists the items and/or services, estimated costs, and the terms and conditions of sale; it also provides for the signature of an appropriate foreign government official to indicate acceptance.

Letter of Request (LOR). The term used to identify a request from an eligible FMS participant country for the purchase of U.S. defense articles and services.

Price and Availability (P&A). A Letter of Request (LOR) prepared by the military departments (MILDEPS), Defense Security Cooperation Agency (DSCA), and other DoD components in response to a foreign government's request for preliminary data for the possible purchase of a defense article or service.

Security Assistance Programs (SAP). Similar to foreign military sales (FMS), these programs do not include the standard terms and conditions found in an FMS Letter of Offer and Acceptance (LOA) and, as such, administrative and other surcharges do not apply. These programs are implemented via a government-to-government agreement (e.g., Memorandum of Understanding [MOU]) and are usually jointly managed. They include loans, grants, coproduction, cooperative research and development, and exchange programs.