PWS_-_customs_exoneration.pdf

PERFORMANCE WORK STATEMENT

FOR

Customs and Value Added Tax (VAT) Exoneration

Niamey, Niger

10 May 2018

1. BACKGROUND

Customs and VAT exoneration services are required for United States Department of Defense (DoD) in Niger (Africa).

The DoD requires customs and Value added tax (VAT) exonerations on an unspecified number of deliverables being imported into or purchased in the country of Niger.

2. SCOPE

The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, insurance, and any other items or services necessary to provide customs and VAT exonerations in support of the DoD and its contractors.

This performance work statement (PWS) describes the tasks and capabilities required to provide this support.

3. PERIOD OF PERFORMANCE

Base Period: 1 June 2018 – 31 May 2019

Option Year 1: 1 June 2019 – 31 May 2020

4. WORK LOCATIONS

The contractor shall perform work at Airbase 101, the Ministry of Foreign Affairs, the Ministry of Finance, Diori Hamani

International Airport (NIM) and any other customs office required in the city of Niamey, Niger.

5. REQUIREMENTS

5.1. Customs Exoneration. The contractor shall perform all phases of customs exoneration and VAT exoneration ensuring that the DoD forces and its contractors receive shipments and services in accordance with the Status of Forces Agreement

(SOFA) between the Republic of Niger and the United States Government. The contractor shall provide their own vehicle and driver which will allow them to conduct business at the Ministry of Foreign Affairs, the Ministry of Finance, Diori

Hamani International Airport (NIM) and any other customs office required to perform services. The contractor shall furnish the necessary management, technology, and personnel required to provide the requested exoneration support. The contractor must have a strong command both written and orally of English, French, and local languages. The contractor shall write and speak with clear and concise grammar and pronunciation.

5.2. Paperwork. When the DoD provides the contractor with exoneration documents, the contractor has a maximum of three (3) working days to submit the paperwork to the appropriate agency (i.e. Ministry of Affairs/Customs Office)

5.3. Deficiencies. If the DoD identifies deficiencies for any customs or VAT issue requiring clearance, the contractor shall take corrective action within three (3) working days. The contractor shall ensure the DoD avoids any late charges by

Customs or Finance Ministries of the country of Niger. Any late fees resulting in the contractor’s inability to meet timelines will be covered at the contractor’s expense.

5.4. Log. The contractor shall maintain a log for all paperwork and exoneration documents. The Government can request access to this log at any time. At a minimum the log shall have: Invoice number, Cargo Terminating location, documentation received date, submitted to expeditor date, expeditor completion date, returned to carrier, carrier name, additional notes, and (if rectifications or extensions are needed) received completed rectification/extension date, and returned rectification/extension to carrier date.

5.5. Hours. The contractor shall be available during the days and hours listed below. The contractor must be capable and willing to travel and if required, remain full-time with the requiring activities during the hours listed below. The contractor shall report in person or check-in with the requiring activity a minimum of 3 business days a week. The requiring activities and DoD Contract Representatives are 768 EABS/TMO and the U.S. Army MCTs. The contractor is not required to work on Nigerien and U.S. holidays as listed on the Embassy of the United States website, https://ne.usembassy.gov/holiday-calendar.

DAYS HOURS

Monday 0800-1700

Tuesday 0800-1700

Wednesday 0800-1700

Thursday 0800-1700

Friday 0800-1300

5.6. Travel. The contractor is required to travel throughout Niamey, Niger and the immediate surrounding areas.

5.7. Contact. The contractor will be capable of maintaining contact with the primary DoD Contract Representatives (768

EABS/TMO and U.S. Army MCTs) via cellular phone during working days. The DoD Contract Representatives contact information will be provided during the performance of the contract. All records related to the processing of customs on behalf of the DoD will be made available for audit at the request of the DoD Contract Representatives. The DoD has the right to have a third party audit all DoD related customs and VAT exoneration paperwork and processes.

6. INSURANCE

6.1. Insurance Requirements. The contractor shall be bonded and insured against damage by employees during the performance of this contract. Bondage and insurance minimums shall meet all local and national Nigerien Laws and the contract terms and conditions.

7. SECURITY

7.1 Installation Security. The employees will comply with applicable installation, facility, and area commander installation/facility access and local security policy and procedures. The contractor workforce must comply with all personal identity verification requirements as directed by DoD and local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the force protection condition (FPCON) at any individual facility or installation change, the DoD may require changes in contractor security matters or processes.

7.2 Employee Removal. The Contracting Officer may require, in writing, that the contractor removes from contract performance any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable. The removal from the job site of a contractor employee does not relieve the contractor of the requirement to provide sufficient personnel to perform the work specified in the contract.

8. EQUIPMENT AND MATERIAL

8.1. Government Furnished Equipment (GFE). The DoD shall provide the contractor with the necessary exoneration forms and Niger specific stamps. The contractor and assigned DoD Contract Representatives shall document quantities of forms and stamps provided to the contractor. The contractor is responsible for notifying the DoD when additional forms and stamps are needed.

8.2. Contractor-Furnished Equipment and Materials. All equipment, materials, tools, consumable supplies, transportation, and any other items necessary to perform under this contract not mentioned above in paragraph 8.1 shall be provided by the contractor.

9. CONTRACT TERMS

9.1. Contract Changes. The only person authorized to make changes to the contract is the 768 EABS Contracting Officer.

Failure to clear changes in contract terms with the Contracting Officer IN ADVANCE of providing service will result in the

DoD not being responsible for the charges, and non-payment to the contractor. Accordingly, the Contracting Officer

SHALL be notified prior to any additional services/performances necessitating contract modification (that is, those resulting in changes in cost to the Government). The contractor will only take change orders from the Contracting Officer.

Purchases or changes from unauthorized persons will result in the contractor not receiving payment for costs incurred.

9.2. Contractor Continuity. Should the contract be terminated, all files and paperwork will be given to the DoD, and the outgoing contractor will meet with the new contractor to ensure a seamless transition of responsibilities. If the outgoing contractor fails to properly convey the responsibilities of the new contractor and seek to close out all outstanding process, this may result in withholding of payment by the Contracting Officer.

SERVICE SUMMARY

Performance Objective PWS Performance Threshold

Provide Exoneration according to the

SOFA

5.1 No more than one (1) discrepancy per month

Contractor submits paperwork within (3) working days of receipt

5.2 No more than one (1) discrepancy per month

Respond to deficiencies within three (3) working days

5.3 No more than one (1) deficiency per month

Maintain log for all paperwork and exoneration documents

5.4 100% of the time

Maintain required schedule (except holidays)

5.5 No more than one (1) deficiency per month

Maintains contact with DoD Contract

Representatives

5.7 100% of the time during scheduled working days

Contractor Maintains Insurance/Bondage 6.1 100% of the time