Pre-LOR Requirements and Engagement in Foreign Military Sales

For potential materiel solutions to defense requirements, the international partner may explore options by seeking information from the USG about specific systems. An important element of this analysis is for the international partner to quantify system life cycle costs to determine if the potential capability is a viable cost alternative. Normally, there should be ongoing consultations between the international partner and U.S. representatives, especially the in-country U.S. Security Cooperation Organization (SCO), to assist with defining and refining requirements.

When an international partner decides to acquire a sophisticated weapon system through the FMS program, formal logistics support planning begins when the international partner submits a comprehensive letter of request (LOR), which, in addition to identifying the desired weapon system configuration, identifies the country’s operational requirements, and existing logistics support capabilities. However, before the LOR is submitted, there should be informal meetings and discussions between the International partner, the weapon system program office, the implementing agency, the security cooperation office, and, potentially, the contractor or manufacturer. These discussions should address the configuration of the product, delivery methods, and how the item is to be sustained. The LOR should include international partner delivery preferences and limitations that will be used to determine the most appropriate delivery term code and mode of delivery. The planning process for follow-on support programs and sustainment requirements typically continues with the IA conducting a site survey in the International partner’s country.

As the international partner continues to define requirements, follow-on discussions will often expand to include U.S. defense contractors as well as representatives from the IAs and other DOD organizations. These discussions may include such topics as required security agreements, acquisition alternatives, training plans, transportation plans, methods of financing, and concepts of operations and support. U.S. defense strategy plans, concerns for standardization, and interoperability should complement the international partner’s plans and budgets whenever feasible. Follow-on discussions for the more complex sales may even lead to an international agreement or a Memorandum of Understanding (MOU) between the international partner and the U.S. to document the rights and obligations of each party with regard to weapon systems development, production, or transfer.

When the SCO becomes aware of credible demand signals indicating the probable submission of a LOR for either a P&A, LOA, or a commercial Request for Information (RFI) or Request for Proposal (RFP) for sensitive or classified defense articles or services, the SCO should develop a Pre-LOR Assessment Request (PAR), as directed in SAMM C3.1.2. The intent of the PAR is to inform the interagency community and the cognizant implementing agency to initiate the Technology Security and Foreign Disclosure (TSFD) process for timely release of determinations.

Successful program and case management and international partner satisfaction are generally the results of careful, up-front planning and foresight. Effective planning for an FMS weapon system sale involves anticipating not only the requirements for the weapon system itself, but also the associated initial and follow-on support articles and services necessary for introduction and sustainment of the system. This philosophy is called the Total Package Approach (TPA).

Planning for what should be included in the system sale will vary according to the type of weapon system. The MILDEP commodity-specific checklists can be a valuable tool in identifying the myriad of items or services to be considered for a proposed sale. This type of checklist can provide the international partner, the SCO, and the case manager with the questions that need to be considered to ensure all requirements are identified in an LOR and are subsequently incorporated into the case to achieve TPA.

When requested by an international partner, a team can be organized to conduct a survey to review/assess military capabilities in support of SC objectives and to help identify and/or clarify the international partner’s requirements. Surveys are conducted in-country and are generally funded by the international partner. A survey team typically includes a combination of USG personnel, international partner representatives, and commercial contractors. Though there are various types of survey teams, a site survey is often used to assess facilities and required levels of maintenance and support capabilities as they pertain to a specific program. Looking at in-country facilities early in the process is crucial to ensure the international partner is prepared to receive, operate, and maintain the new capability. Normally the best time to conduct a site survey is prior to writing the case. This will help ensure the IA has vital insight and required information up front to develop the most accurate pricing and delivery schedules possible. Information regarding survey teams is contained in SAMM C2.4 and C2.F1.

Though not considered a substitute for other types of SA survey teams, an Expeditionary Requirements Generation Team (ERGT) may be used to help augment Combatant Command (CCMD) staffs and SCOs with translating international partner capability needs into high-quality cases. An ERGT, which is organized and deployed by DSCA in response to a CCMD request, typically consists of representatives from DOD agencies, appropriate MILDEPs, and other interagency stakeholder organizations as needed to address the international partner’s specific requirements. See the SAMM C2.4.2 for further information about ERGTs.