A.02_SOW Facility Equipment_Case EG-B-HDF.docx

STATEMENT OF WORK

Procurement of Facility Equipment and Liquid Oxygen Tanks and Parts Case EG-B-HDF Ras El Tin Naval Base Alexandria, Egypt

1. GENERAL: This contract is for the procurement of facility equipment for the Egyptian Navy located at the Ras-El-Tin Naval Base in Alexandria, Egypt. The list of parts to be procured is attached to this document (reference Appendix A).

1.1 The vendor, at the time of the solicitation, shall submit detailed and highlighted specifications for all spare parts/equipment included on Appendix A so that it can be evaluated by the Corps of Engineers- Middle East District for compliance to this Statement of Work. This detailed and highlighted specification shall demonstrate compliance with the Statement of Work. All variations to the equipment listed shall be specifically noted and highlighted in the vendor’s proposal during the solicitation. All proposed variations require approval by the Contracting Officer.

Vendors are also to advise if any of the noted equipment parts are obsolete and have been replaced by new parts numbers. These new part numbers, if any, shall be included in the Vendor’s proposal along with the appropriate technical data above.

All spare parts/equipment are to be new, with manufacturer warranties intact. Spare parts that have been used for demonstration purposes, or have been reconfigured, rebuilt, or reconditioned are not acceptable. Current or updated versions of the specified spare parts are to be provided as well.

2. INSPECTION ACTIVITIES

Vendor shall coordinate an inspection of the equipment prior to pick-up by the designated Freight Forwarder. Inspection shall be coordinated with the Contracting Officer and the Egypt Program Manager at least three weeks in advance of the inspection. The equipment will be examined by the Egypt Program Manager, or his designee, and, possibly, Host Nation representatives. If acceptable, and found to be in compliance, a DD Form 250 “Material Inspection and Receiving Report” which be signed by the Program Manager will acknowledge acceptance.

3. MANUALS: Any manuals provided by the equipment manufacturer hall be included with delivery.

4. PERIOD OF PERFORMANCE: The Vendor shall order, inspect and have ready for delivery all equipment listed on the attached document within 150 calendar days after contract award.

5. POINTS OF CONTACT: Contracting Officer:

Joe L Libbey Phone: 540-665-1382 Email: Joe.L.Libbey@usace.army.mil

Contracting Specialist:

Craig L Carroll Phone: 540-665-6554 Email: Craig.L.Carroll@usace.army.mil

Program Manager:

Keith J. Frye Phone: 540-665-4016 Email: keith.j.frye@usace.army.mil

Point of Contact in Egypt:

Emad Abdel Galil Phone: 540-408-9699 Email: Emad.M.Khodeiry.ln@usace.army.mil

6. FREIGHT FORWARDER:

a. Shipping Information dfYoung 7465 Candlewood Road, Suite M Baltimore, MD 21076 USA

POC: Kathla Dornon, Kathla.dornon@dfyoung.com Telephone: 410-684-5242, ext. 400

All NOA’s shall be sent to Ms. Dornon at the above e-mail address.

U.S. manufactured materials and equipment shall be shipped under the following address:

Egyptian Ministry of Defense Egyptian Navy, Alexandria, Egypt FMS Case: EG-B-HDF

b. Packing Information.

The Contractor is responsible for packaging the items in accordance with the Freight Forwarder’s requirements including palletizing and containerizing the items for ease of shipment.

Industry standard is 40” x 48” pallets. Custom pallets are acceptable to fit specific items for shipment but they must be less than 48” x 40.” Items do not have to be palletized but they are more likely to be intact upon arrival of final destination if palletized. Pallets are required if shipping liquids or hazardous materials.

c. The Contractor commences the delivery process by submitting a Notice of Availability (NOA) to both the freight forwarder, dfYoung, and the Middle East District after the DD 250 is signed. DeEtra Warchola, or an authorized representative, of the Middle East District, will provide the Document and Mark for numbers to the Contractor for the NOA, as well as sign the DD250 document. NOA forms are available from the Middle East District points of contact listed in this document. Upon receipt of both the NOA and signed DD250, dFYoung will coordinate the pick-up and delivery dates directly with the Contractor. The Contractor and dfYoung will jointly determine the location of pick-up, time, date, etc.

7. CONTRACT LINE-ITEM NUMBER (CLIN) STRUCTURE:

a. CLIN 0001: Procurement of facility equipment. This is a firm fixed price CLIN for line items 01-26 listed under Appendix A.

b. CLIN 0002: Procurement of Liquid Oxygen Tanks and spare parts. This is a firm fixed price CLIN for line items 27-33 listed under Appendix A.

8. DUTIES, TAXES, AND LICENSE FEES:

a. All materials, equipment and supplies that are for use and/or incorporation into the project are exempt from taxes, duties, and license fees under the terms of the Agreement between the Government of the United States and the host Government (Egypt). The Contractor warrants its price for this contract is exclusive of any such charges.

b. If after the date of this contract and except for the provisions of paragraph c. below, the Contractor is required by the host Government to pay any such taxes, duties, or license fees paid directly to the host Government on materials, equipment, and supplies for use and/or incorporation into this project, he shall notify the Contracting Officer in writing. Upon satisfactory proof of the payment of such duties, taxes, or custom fees, the Contractor/Vendor shall seek reimbursement through the Egyptian Finance Ministry/Tax Authority, as the U.S. Government cannot reimburse contractors or vendors for these costs.

c. Contractor owned or controlled material, equipment and supplies sold or disposed of by the Contractor may be subject to the imposition of local duties and within the Host country taxes. No reimbursement will be made under this clause for such transactions.

9. HOST COUNTRY TAXES AND FEES:

a. The Government of Egypt, its agencies, and political subdivisions shall levy no taxes or fees (including taxes on individual or corporate income or property customs or import duties, and other taxes on employee personal household goods, supplies and personal effects imported into Egypt for personal use) on the Contractor, its subcontractors, the employees of either and the dependents of such employees. This tax exclusion does not apply to the Government of Egypt taxes levied on the purchase of personal household goods, supplies or personal effects or automobiles in Egypt by the employees of the Contractor or employees of its subcontractors. This paragraph does not apply to Egyptian employees of the Contractor or Egyptian subcontractors or their employees.

b. If, notwithstanding the above, taxes, duties or similar charges are imposed by the Government of Egypt, under the excepted circumstances described above, the costs thereby incurred by the Contractor shall be reimbursed in the amount of payment by the host nation. The U.S. Government cannot pay for any host nation-imposed taxes or fees.

10. BUY AMERICAN ACT/BALANCE OF PAYMENTS PROGRAM

In accordance with Section 42(c) of the Arms Export Control Act, as amended (22 USC §2791(c)), the Foreign Military Financing funds made available for this procurement may not be used for procurement outside the United States, unless an Offshore Procurement (OSP) determination is made by the Director, Defense Security Cooperation Agency. No OSP determination has been obtained for this procurement. Accordingly, per DoD 5105.38-M, Chapter 9, Table C9.T8, more than 50% of the dollar value of the FMF contract [or CLIN, when there are multiple FMF cases on a single contract], after subtracting from the total costs the cost of items that the FAR or DFARS exclude from Buy American Act or Balance of Payments Program consideration, must be of U.S. origin. The contractor may not exceed this foreign content percentage during contract performance, unless the Government obtains an OSP determination. If it is determined that the Contractor has used unauthorized content, payments to the Contractor may be reduced by the value of the unauthorized content, or at the Government’s option, the Contractor may be required to remove the unauthorized content at its expense and replace it with authorized content. The Government will require the contractor to periodically provide it with information concerning the foreign content utilized in performing the contract, to allow the Government to ensure compliance with these OSP foreign content rules.

11. SAFEGUARDING OF INFORMATION:

The personnel employed on this contract may, in the performance of their assigned duties, have access to data and information pertaining to location of goods, supplies, parts, equipment, vehicles, and explosives. Knowledge of this nature is considered restricted security information. This information shall be protected and safeguarded against disclosure to any unauthorized person or party and shall be furnished or used on an official "need to know" basis only.

11. CONTRACTOR’S DATA SUBMITTAL REQUIREMENT

As stated in paragraph 1.1 above, the Offeror shall submit technical specifications. If the spec sheet provided contains multiple part numbers, Offerors are to highlight the proposed part to ensure technical compliance with solicitation requirements.

12. CONTRACTOR'S DATA SUBMITTAL SCHEDULE

· Spec sheets for the items being procured under Appendix A are to be submitted with proposal (see para 1.1).

· Completed Attachment 1

· Completed Attachment 2

13. ATTACHMENTS

· Attachment 1 – Price Worksheet

· Attachment 2 – CLIN Structure

· Appendix A - SOW Equipment Listing