Putting a case on hold

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1. A standard set at 85 percent

Writing a foreign military sales agreement runs against published time standards, and the agency that set them assumed from the start that they would sometimes be missed. The reasoning is in the manual itself. Recognizing that circumstances outside government control will sometimes prevent the standard timeframes being met, "DSCA established a standard (see Table C5.T8.) that are set at 85 percent of the time (vice 100 percent)" (SAMM C5.6.3).

That figure is a program level target, not a per case allowance. Most cases should land inside the standard; it does not license any particular case to drift.

Beyond ordinary slippage lies a harder category. "In rare circumstances, there may be instances where the IA is unable to complete any further case development processing of an LOA document due to a unique constraint" (SAMM C5.6.3). The drafting agency may then ask for a formal hold.

2. The hold that does not stop the clock

The case writing system has a general ability to hold or suspend a document, and the manual is careful to say what that ability is not for. "These capabilities cannot be used as a substitute for returning documents or for moving documents through the process in a timely manner" (SAMM C5.6.3.1).

More surprisingly, an ordinary hold has no effect at all on how the case is measured. The manual states plainly that holds do not stop the clock, and then makes the consequence explicit: "The time period during which the case is on hold is included in the LOA processing metric time calculations" (SAMM C5.6.3.1).

3. What the case processing hold actually does

One milestone, and only one, takes time out of the measurement. "A CPOHOLD milestone captures the period of time in DSAMS where no further case development processing (parallel or sequential) can take place, thereby excluding that time from performance metrics" (SAMM C5.6.3.2).

The threshold for it is high and the examples are telling. The circumstance must be unique in nature, the manual offering a hold placed by a member of Congress or a policy position taken at under secretary level. It cannot be part of a routine or standard process, and it names two routines that will not qualify: congressional notification, and technology security and foreign disclosure review (SAMM C5.6.3.2). Both of those are normal stages, described in congressional notification of arms sales and technology transfer and release decisions. Waiting on either is not an excuse.

Approval sits in one place. "A CPOHOLD can only be approved by DSCA (Office of Administration, Performance, Improvement, and Effectiveness Directorate (ADM/PIE))" (SAMM C5.6.3.2). A request also has to carry an endorsement from the drafting agency’s own security cooperation policy office, so the agency has to agree with itself before it asks. One case can carry several holds at once, the manual noting that "Multiple CPOHOLDs can occur at the same time to reflect different process constraint" (SAMM C5.6.3.2), with the last word left in the singular.

4. What the request has to contain

Requests go by e-mail to a named mailbox, the subject line carrying the case identifier and document type (SAMM C5.6.3.2.1). Eleven items are listed for the body, and they describe what the reviewer is testing.

Two carry the weight. One is the justification for why the issue lies outside the control of both the drafting and reviewing agencies, so no further processing is possible. The other is the date on which all case development processing stopped. The rest sets the scene. It asks for the reason, the date the issue was first identified, and the step in the process where work halted. It also asks for an estimated resolution date, the policy office endorsement, and a named point of contact for status (SAMM C5.6.3.2.1).

The burden of proof is placed on the requester. "The IA is responsible for conducting all necessary research and providing all necessary information/justification to DSCA (ADM/PIE) for review and consideration" (SAMM C5.6.3.2.1).

5. The decision and the record

Two short deadlines govern the answer. "DSCA (ADM/PIE) will acknowledge receipt of the CPOHOLD request through e-mail within three business days" (SAMM C5.6.3.2.2), and "A decision will be provided to the IA within five business days of receipt of a complete request" (SAMM C5.6.3.2.2).

The word complete is doing real work there. An incomplete request is not decided at all, the reviewing office notifying the agency and holding the request until everything arrives. The manual points to the required information as set out in the above table, where what actually precedes it is a bulleted list.

On approval the hold is recorded rather than merely agreed. "If the CPOHOLD request is approved, DSCA(ADM/PIE) will post the CPOHOLD milestone in DSAMS to start the hold time and include reasons for the hold" (SAMM C5.6.3.2.3), and the missing space after the agency name is in the original. Dating is backwards looking: "The CPOHOLD start date will be when all case processing stopped" (SAMM C5.6.3.2.3). A second milestone closes it when the issue resolves.

A live hold is not left alone. "For approved CPOHOLDs, the IA will provide an update on the status of the issue preventing case development from proceeding to DSCA (ADM/PIE) on a monthly basis until the issue has been resolved" (SAMM C5.6.3.2.4). An e-mail to the mailbox is enough.

6. When it is the requirement that changes

A different kind of stall comes from the buyer. Once a request has been deemed actionable and drafting has begun, the requirement can still move, and how that is handled turns on size and timing (SAMM C5.6.3.3).

Before the document is offered, changes are absorbed. The agreement is adjusted, and "the IA must review any changes in accordance with the criteria on Table C5.T4A. to see if the updated requirements are allowable" (SAMM C5.6.3.3.1). Minor changes go into the current effort without touching the milestones. Significant ones reset the measurement, with a new actionable date entered so the drafting is tracked against the revised requirement.

After the document has been offered, the route is restatement, and it is narrow. Four conditions apply together: the document is in offered status, the purchaser has not signed, the offer expiration date has not passed by more than six months, and the changes are consistent with policy (SAMM C5.6.3.3.2). Notice is compulsory. "Before restating an LOA, the Purchaser must be notified in writing by the IA that the original offer is no longer valid" (SAMM C5.6.3.3.2).

Signing a dead offer achieves nothing useful. "If the purchaser signs the original offer, it is considered an invalid acceptance because the original offer either expired or was withdrawn" (SAMM C5.6.3.3.2). It counts as a counteroffer, and the case either gets extended and restated or cancelled and written again. Related mechanics are in suspension and cancellation of a case.

7. What a supplier can take from this

The distinction worth carrying is between a case that is late and one that is formally stopped. Only the second is taken out of the measurement, and only a narrow class of obstacles qualifies. Congressional notification and release review, the two usual suspects for delay, are excluded by name.

The restatement window is the other practical point. A partner may sign an expired offer believing the deal is alive, and that signature creates nothing. Six months past the expiration date, the case is written again from the beginning.

Key terms

CPOHOLD	The milestone that excludes stopped time from the performance measurement, approved by one office only.
CPOHOLDREM	The milestone posted to end an approved hold once the issue is resolved.
Hold and suspend	The ordinary system capabilities, which do not take time out of the measurement.
LOR actionable date	The date reset when a requirement changes significantly before the document is offered.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Programs stall for administrative reasons as often as physical ones, and the delivery plan has to survive both. Sentfore supports defense programs at the delivery end, providing secure transport, protective security, accommodation and site support in complex environments. Requirements can be sent through the contact page.