Acquisition and Cross-Service Agreements
Acquisition and Cross Servicing Agreements (ACSAs) and Acquisition Only Agreements (AOAs) are the formal mechanisms that allow the U.S. DoD to acquire, and in some cases to provide, logistic support, supplies, and services directly from/to eligible countries and international organizations. Logistics support, supplies, and services that may be provided or acquired under ACSAs and AOA are: defined in 10 U.S.C 2350. DoDD 2010.9 ACSAs and AOAs and specifically requires DoD Components to obtain prior written approval from USD(A&S) to initiate or conduct negotiations of an ACSA or AoA. The authority to authorize the negotiation and conclusion of ACSAs and AOAs has been delegated to the Executive Director, International Cooperation (OSD(A&S))/IC.
IC has a well-defined and structured process that governs the development, negotiation, coordination, and implementation of ACSAs and AOAs that is based on statutory, regulatory, and policy requirements. In this context, detailed guidance concerning IC processes for the development, negotiation, coordination, and implementation of ACSAs and AOAs can be found in the Chairman of the Joint Chiefs of Staff instruction (CJCSI) 2120.01D.
The development, negotiation, and conclusion of ACSAs and AoAs are governed by and must be consistent with 10 U.S.C 2341-50, 22 CFR 181.4, DoDI 5530.01, DoDD 2010.9, and, if appropriate, CJCSI 2120.01.D. The OUSD(A&S)/IC ensures that any ACSA or AOA submitted to it for approval is:
- In the DoD’s best interests;
- Is allowed by U.S. law; and
- Adheres to USG policies and procedures.
To do this, IC staff thoroughly review all ACSAs and AOAs submitted to it for authority to negotiate or conclude, then staff it to other OSD stakeholders, including the Office of General Counsel, the Comptroller, and Office of the Under Secretary of Defense for Policy, to ensure their equities are adequately addressed. IC also coordinates with the Departments of State and provides ACSA notifications to Congress, as required.