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International Contracting

International Contracting contributions from OSD/AT&L Defense Procurement and Acquisition Policy (DPAP) and other sources are provided below.

  
  
  
Summary Description
  
  
  
ATL DPAP International Contracting Resources.aspxAT&L DPAP International Contracting Resources
  
Office of SecDef AT&L Defense Procurement and Acquisition Policy (DPAP) provides a wide range of International Contracting resources in areas such as:

- International Business with DoD
- Reciprocal Defense Procurement (RDP) Intl Agreements
- Restrictions on Purchases from non-U.S. Sources
- Berry Amendment Procurement Restrictions
- Specialty Metals Procurement Restrictions
- DoD and Allied/Friendly Nation Procurement Ombudsmen
10/24/2017 9:32 AMReference
DFARS Final Rule on TINA Exemption for FMS Offset Costs 2018-14045 (6-29-18).pdfDFARS Final Rule on TINA Exemption for FMS Indirect Offsets (Jun 18)
  
The Defense Federal Acquisition Regulations Supplement (DFARS) Final Rule that exempts Foreign Military Sales (FMS) from the Truth in Negotiations Act (TINA) requirements in U.S. law was published on June 29, 2018 in the Federal Register.
7/17/2018 6:19 PMReference
USA001568-18-DPAP (Class Deviation FMS KR Type) - Jun 18.pdfSection 830 FMS Firm Fixed Price Contracting - Class Deviation - DPAP (Jun 18)
  
This Office of SecDef/Acquisition & Sustainment/Defense Procurement & Acquisition Policy (DPAP) Memo of June 28, 2018 provides guidance to the DoD acquisition workforce on the implementation of Section 830 of the FY 2017 National Defense Authorization Act (NDAA) regarding Foreign Military Sales (FMS) Firm Fixed Price (FFP) contracting.

This DPAP Memo authorizes deviations from the Section 830 FMS FFP contracting guidance in two circumstances:

1) The FMS customer nation requests use of a different contract type in writing (which, in normal practice, would most likely be included in the FMS Letter of Request (LOR)).

2) It would be in the best interest of the U.S. and U.S. taxpayers as determined by the "Chief of the Contracting Office" based this DPAP Memo and DFARS PGI 216.403-l(l)(ii)(B) (e.g.., in situations where U.S. and FMS contracting requirements are being combined in a U.S. contracting action using contract type other than FFP to achieve optimal performance, cost, or schedule outcomes for the U.S.)  OSD/A&S/DPAP staff has confirmed that the "Chiefs" of local commands' Contracting Offices within the DoD Components (e.g., the various Army, Navy, and AF acquisition commands that routinely award US and FMS contracts) are authorized to make such determinations.

For further information regarding implementation of this guidance, consult the OSD/A&S/DPAP website, your DoD Component Contract Policy organization, and/or your DoD International Program Organization (IPO) .
7/3/2018 5:56 PMReference
USA001568-18-DPAP (SS KR Negotiations US - FMS) - Jun 18.pdfSole Source Contract Negotiations (US and FMS) -DPAP (Jun 18)
  
This Office of SecDef/Acquisition & Sustainment/Defense Procurement & Acquisition Policy (DPAP) Memo of June 28, 2018 provides guidance to the DoD acquisition workforce on U.S. 'domestic' and Foreign Military Sales (FMS) sole source contracting efforts.

For further information regarding implementation of this guidance, consult the OSD/A&S/DPAP website and/or your DoD Component Contract Policy organization.
7/3/2018 3:44 PMReference
FY19 SenateDefAuthBill As Passed (HR 5515).pdfFY 2019 NDAA -- Senate Version (Jun 18)
  
The Senate passed its version of the Fiscal Year 2019 National Defense Authorization Act (NDAA) in mid-June.  The International Acquisition and Exportability (IA&E) impact areas include:

Section 1639:  Mitigation of Risks from Foreign Information Technology Providers (Int'l Contracting)

Section 1654:  Israeli Iron Dome, David's Sling, and Arrow 3 Title 10 guidance and funding authorizations (Missile Defense Agency)

Title XVII, Sections 1701 - 1733:  Comprehensive modifications to the USG Committee on Foreign Investment in the US (CFIUS) and Defense Production Act modifications (Tech Security & Foreign Disclosure and Int'l Contracting)

Many observers are also surprised that the Senate failed to act on Administration proposals to change prior year NDAA provisions in the Security Cooperation acquisition and contracting areas that are problematic from a DoD acquisition workforce implementation perspective.

The DoD Security Cooperation community and U.S. industry are awaiting passage of the House Version FY 2019 NDAA to see if their change proposals in this area will be addressed.
6/22/2018 10:20 AMReference
DTIC - Intl Agreements Data Base Descriptive Summary.pdfDTIC - Intl Agreements Data Base Info Sheet
  
The Defense Technical Information Center (DTIC) hosts a DoD-wide International Agreements Data Base (IADB),.  The IADB is a CAC-accessible, Controlled Unclassified Information (CUI) level data base which contains summaries of all in-process, established, and expired science and technology, research and development, acquisition, and sustainment-related international agreements with allied/friendly nations and international organizations (e.g., NATO).
2/19/2018 10:26 AMReference
DFARS Part 225.802-71 (End Use Certificates).aspxDFARS Part 225.802-71 - End Use Certificates (EUCs)
  
Defense Federal Acquisition Regulations Supplement (DFARS) eference to DoD Directive 2040.03 which provides DoD-wide policy on the approval of End Use Certificates (EUCs) that foreign governments and international organizations require DoD personnel to sign when acquiring foreign-origin defense articles, services, and/or information.
1/19/2018 10:23 AMReference
DoD Directive 2040.03 (End Use Certificates).aspxDoDD 2040.03 - End Use Certificates (EUCs)
  
DoD Directive 2040.03 provides DoD-wide policy on the approval of End Use Certificates (EUCs) that foreign governments and international organizations require DoD personnel to sign when acquiring foreign-origin defense articles, services, and/or information.
1/19/2018 10:13 AMReference
ATL DPAP Sec 830 Pilot White Paper on FMS Pilot Programs - Aug 17.pdfAT&L DPAP White Paper on FMS Pilot Programs (Aug 17)
  
Office of Under SecDef Acquisition, Technology & Logistics (AT&L) Defense Procurement and Acquisition Policy (DPAP) White Paper on Fiscal Year 2017 NDAA Section 830 Pilot Program legislative authority for implementation of Foreign Military Sales (FMS) Pilot Program accelerated Full Rate Production (FRP) contracting arrangements.
1/8/2018 5:30 PMReference
Section 830 Brief - FFP for FMS - 1 Aug 2017 (Dir DPAP approved).PPTDPAP Briefing on FY 2017 NDAA Section 830 (FFP Contracts for FMS)
  
Per this Office of SecDef (AT&L) Defense Procurement and Acquisition Policy (DPAP) briefing (Aug 2017), DoD Components should know this requirement exists, but wait for an interim or final DFARS rule to initiate action.  In the interim, DoD acquisition programs shuold be executing contracts or choosing a contract type supporting FMS that they would not otherwise execute on behalf of DoD's own requirements.  Sound business clearance processes and file documentation should be now and in the future, key requirements regarding implementing sec 830.
12/2/2017 4:27 PMPresentation
Sec 830 Req to use firm fixed-price contracts for foreign military from CRPT-114hrpt840  FY 17 NDAA.pdfFY 2017 NDAA Section 830 - Use of FFP for FMS Contracts
  
Per Office of SecDef (AT&L) Defense Procurement and Acquisition Policy (DPAP), DoD Components should know this requirement exists, but wait for an interim or final DFARS rule to initiate action.  In the interim, DoD acquisition programs shuold be executing contracts or choosing a contract type supporting FMS that they would not otherwise execute on behalf of DoD's own requirements.  Sound business clearance processes and file documentation should be now and in the future, key requirements regarding implementing sec 830.
12/2/2017 4:21 PMReference
Offsets 05022017.pptxDAU ACQ 380 Chart on FMS-related Offsets
  
Defense Acquisition University (DAU) ACQ 380 Lesson Chart on Foreign Military Sales (FMS)-related Offset contracting policies and practices (current and pending).
12/1/2017 9:25 AMReference
FMS DPAP Conf Memo - Slides.pptxDPAP FMS and BPC Conference Presentation (2012)
  
AT&L Defense Procurement and Acquisition Policy (DPAP) 2012 presentation on Foreign Military Sales (FMS) and Building Partner Capacity (BPC) contracting activities.  BPC content is on pages 8 and 9.  This presentation provides defense acquisition workforce, DoD/USG personnel, and supporting industry with DoD contracting guidance on FMS and BPC.
10/16/2017 3:19 PMLearning Material
NTIB Change 3Mar2017 v1.pptxNational Technology and Industrial Base NTIB Expansion - Australia and UK
  
Pub. Law 114-328 (FY17 National Defense Authorization Act) modified the definition of the NTIB in 10 USC 2500 to include Australia and the United Kingdom.  The term "national technology and industrial base" means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States, United Kingdom of Britain and Northern Ireland, Australia, and Canada.  This presentation provides details on the impact of this U.S. legislative change on DoD international acquisition and contracting policy and practice.
10/17/2017 4:20 PMPresentation
DoDI 2010.06.pdfDoDI 2010.06 - Materiel Interoperability and Standardization with Allies and Coalition Partners
  
DoD Instruction 2010.06 establishes policies and procedures for materiel interoperability and standardization with allies and coalition partners pursuant to section 2457 of Title 10, United States Code.
10/17/2017 4:06 PMReference
DoDI 4151.21.aspxDoDI 4151.21 -- Public-Private Partnerships for Product Support
  
This DoD Instruction provides acquisition policy regarding use of Public-Private Partnerships( PPPs) to provide Product Support to U.S. and allied/friendly nation operators of U.S. systems.  While this DoDI focuses primarily on the U.S. domestic aspects of PPPs used for Product Support, experience has shown that this guidance is equally applicable to establish and use of PPPs that provide Product Support to allied/friendly nation International Cooperative Program (ICP) Memorandum of Understanding (MOU) partners and Foreign Military Sales/Direct Commercial Sales customers.
10/17/2017 3:05 PMReference
Non Transfer and Use Certification NT UC Format Template DSMC I 7 31 14.docxNon-Transfer and Use Certification NT and UC Format - Template
  
NT&UC format - template for use in DoD pre-contract award situations where U.S.-origin Export-Controlled Controlled Unclassified Information (EC-CUI) will be provided to authorized foreign entities (see ACQuipedia Article entitled "Release of Export-Controlled (EC) Controlled Unclassified Information (CUI) to Foreign Industry by DoD Personnel during the DoD Contracting Process").
 
10/16/2017 1:58 PMReference
DAU iCatalog.aspxContinuous Learning Module CLC 048 Export Controls
  
DAU deployed a new continuous learning module (CLC 048) on "Export Controls" in September 2015 to provide DoD Program Management, Contracting, and Contract Management personnel with detailed knowledge of how USG export control requirements are implemented in DoD contracts.  We strongly recommend that defense acquisition workforce personnel who are Int'l Acquisition Career Path (IACP) members or who work in programs involving int'l acquisition efforts -- int'l cooperative programs, foreign military sales, tech security and foreign disclosure, int'l contracting -- complete CLC 048.  The link to the DAU iCatalog will enable you to register for and take this course.
10/13/2017 4:30 PMLearning Material
Defense Procurement and Acquisition Policy Memo on International Contracting 20130109.pdfDPAP Memo to DAU on Intl Contracting Jan 2013
  
AT&L - Defense Procurement and Acquisition Policy (DPAP) issued this memo in January 2013 to ensure that international contracting is covered appropriately in DAU training courses.  DAU has incorporated international contracting learning content in ACQ 120, ACQ 230, and ACQ 380. 
10/13/2017 3:58 PMReference
TSFD Export Control for Services R2 1 22 16.pptxTSFD and Export Control Considerations for Defense Service Contracts
  
This presentation provides a brief overview of USG Technology Security and Foreign Disclosure (TSFD) and Export Control considerations pertaining to defense service contracts.  The presentation also provides a comprehensive list of unclassified website references that may prove useful to defense acquisition workforce personnel -- including Int'l Acquisition Career Path (IACP) members - involved in the development, negotiation, implementation, and oversight of DoD int'l acquisition and exportability-related defense service contracts.
Provides defense acquisition workforce and supporting industry with detailed information on the TSFD and Export Control aspects of defense service contracting and contract management.
1/22/2016 10:02 PMPresentation
DPAP Intl Contracting Memo to DSCA 20130103.pdfInternational Contracting Memo Jan 2013 to DSCA
  
OSD/AT&L/DPAP seeks to ensure contracting officers engaged in international programs are as open as possible in dealing with partner nations while complying with US contracting law and regulations.
1/24/2013 12:13 PMReference
DFARS Trade Agreement Changes.docDFARS Trade Agreement Changes
  
A new final Defense Federal Acquisition Regulation Supplement (DFARS) rule effective Jan. 1, 2016 implemented new thresholds for supply contracts and construction contracts in the foreign contracting sections of the supplement. The revised rule modified the DFARS to comply with changes in a broad range of trade agreements among the U.S., international organizations, and other nations.

10/17/2017 4:19 PMReference
DFARS Interim Rule on Offset Costs Jun 2015 D028.pdfDFARS Interim Rule on Offset Costs Jun 2015
  
Defense Federal Acquisition Regulations Supplement (DFARS) Case 2015-D028 -- Interim Rule on Offset Costs for Foreign Military Sales (FMS)-related DoD contracts. This Interim Rule provides DoD acquisition workforce and DoD contractors with DFARS guidance on FMS contracting-related offset costs.
10/17/2017 4:19 PMReference