Do we have to provide the excess to the Afghan Gov first or can we go through the normal USFOR-A vetting procedures and then if no American Gov agencies want the excess, we push forward with disposition in PCARS?
If we do need to provide the equipment to the Afghan Gov first, what are the procedures, forms, and timelines associated? Your assistance is greatly appreciated!
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There is so much background information that’s simply unavailable in your query, to make an answer, pure conjecture.
But let’s turn this into a teaching moment. Here are some things that you need to consider that will either enable you to answer your own question, or better re-frame a further query:
· Is this a cost or fixed-price contract?
· What Government property related clauses are embedded in that contract?
· Have you read the contract for contracting officer specific disposition instructions/directions in the SOW/PWS or in a special contract clause, other than those included in the Government property clause (FAR 52.245-1 if it is on contract)?
· Is there a Status of Forces Agreement (SOFA) and if so, have you consulted it for possible disposition guidance?
· What Government property classifications are involved – Material? Equipment? Special Tooling, Special Test Equipment?
· Is any of this Government property further distinguished as “sensitive?”
· While you indicate ANSF funds were used, who has title to the property? (Afghanistan of the United States?)
· Is the Department of State involved and if so have they been queried for guidance?
· Have you thoroughly reviewed the following regulatory guidance:
o FAR 45.6--Reporting, Reutilization, and Disposal?
o DFARS 245.6--REPORTING, REUTILIZATION, AND DISPOSAL?
o DFAPS PGI 245.6--REPORTING, REUTILIZATION, AND DISPOSAL, (in particular PGI 245.602-70 Plant clearance procedures, and which states that: “Security assistance transfers or foreign military sales shall be conducted in accordance with the terms and conditions of the contract and consistent with DoD 5105.38-M Security Assistance Management Manual.”
o Agency specific guidance?