COMPETITION IN COOPERATION
and doctrine, and increases opportunities for interoperability with U.S. forces.
Foreign military sales are often referred to as “FMS cases” and are conducted through formal contracts or agreements between the U.S. government and an authorized foreign government or inter- national organization. The program includes government-to-government sales of defense articles or defense services from DOD stocks or through new procurements under DOD-managed contracts, regard- less of the source of financing, according to the 2019 Security Cooperation Billing Handbook. Government-to-government sales are implemented by DOD. The Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement apply to all programs.
Te three categories of cases that are executed via the FMS process are: 1. Partner nation-funded cases, whereby a partner nation submits a request to purchase U.S. defense articles or services. These represent the majority of cases.
2. Building Partner Capacity programs. These are security cooperation and secu- rity assistance activities that are funded with U.S. government appropriations and administered as cases within the foreign military sales structure. These programs provide defense articles and services to other government depart- ments and agencies under the authority of the Economy Act or other transfer authorities. Their purpose is to build the capacity of partner nation security forces and enhancing their capability to conduct counterterrorism, counterdrug and counterinsurgency operations, or to support U.S. military and stability oper- ations, multilateral peace operations and other programs.
NEXT-DAY AIR
In January, this United Arab Emirates air force C-17 aircraft departed Dover Air Force Base transporting cargo purchased by the country through FMS. (Photo by Senior Airman Eric M. Fisher, 436th Airlift Wing Public Affairs)
3. Foreign military financing-funded cases. Foreign military financing is a multiyear Title 22-authorized State Department program executed by DOD that provides grants and may provide loans to partner nations for the purchase of defense equipment produced in the United States, as well as for acquir- ing U.S. defense services and military training.
FMS PROCESS Te foreign military sales country trust fund, a separate account held by the U.S. Treasury, is used to fund FMS programs. Funds are deposited into the designated FMS country account by the foreign
A DOD agency is not required to provide for full and open competition when competition is restricted under an international agreement or treaty.
52 Army AL&T Magazine Spring 2021
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