Sign In
  • Question

    Are FMS Cases subject to the Anti Deficincy Act or any other limitation not to exceed the amount of the case?


    Answer

    The top level DoD guidance regarding Foreign Military Sales (FMS) funding aspects is found in the DoD Financial Management Regulation (FMR), Volume 15, Chapter 1 (URL link as follows)

     

    http://comptroller.defense.gov/Portals/45/documents/fmr/archive/15arch/15_01_Apr02.pdf

     

    DAU also recommends you consult with the Defense Security Cooperation Agency's Directorate of Business Operations (DBO) regarding how DSCA applies this FMR guidance and Security Assistance Management Manual (SAMM) in specific situations such as the one described in the AAP question (URL link as follows).

     

    http://www.dsca.mil/about-us/org-chart

     

    In summary, based on pertinent U.S. laws and regulations implemented pursuant to the DoD FMR and DSCA's SAMM, DoD Components are NOT permitted to provide goods or perform services beyond the scope and financial limitations of a signed FMS Letter of Offer and Acceptance (LOA). 

     

    Open full Question Details