When I read FAR Part 46 it appears as there is leeway for FMS to request a waiver from the KO for a QASP. Depending on the procurement there may not be a government representative present at new equipment training and its the foreign government not the procuring activity that utilizes the remote Contract logistics support. Is there a requirement for a QASP respective to FMS and if so can the KO waive this?
This response is based on the information provided. We suggest you discuss with your contracting and finance team, program manager and/or legal department as appropriate.
You did not give the reference you believe gives you leeway to request a waiver. Nor did you identify what is being acquired or any other pertinent information. As a general approach, when the US Government is acting as agent on an FMS contract, acquiring for a country the same thing the US is acquiring, we get for the country the same as we pursue for the US to the extent that is what the country wants.
A QASP is not a contractual requirement, and thus the FAR would not be addressing the QASP specifically. The QASP and its execution during contract performance is a matter of negotiation with the contracting office and the country for which you are acting as agent. This would appropriately be part of an LOA/MOA/MOU not the contract.
DFARS 246.406 speaks to use of Standardization Agreement (STANAG) 4107 when dealing with NATO countries. It also addresses non-NATO countries. The AFARS is silent on the matter.
With regard to developing a QASP, we assume it would be relatively simple to tailor the QASP the US uses or offer the QASP the US uses to the country for their sue/tailoring.