Attachment I Statement of Work-RFQ.pdf

ATTACHMENT I

STATEMENT OF WORK

THE UNITED STATES COAST GUARD

FOREIGN MILITARY SALES

CASE NUMBER TU-P-LBX

Attachment I

Statement of Work

Tunisia VBSS

1 INTRODUCTION

1.1 Scope

The scope of this Statement of Work (SOW) is the procurement of Visit, Board, Search, and

Seizure (VBSS) for the Government of Tunisia as required under Foreign Military Sales (FMS)

Letter of Offer and Acceptance (LOA) Case Number TU-P-LBX. Packaging, packing, preservations and markings in preparation for Defense Transportation System pick up is required.

1.2 Background

The FMS program is part of the security assistance authorized by the Arms Export Control Act

(AECA) and is a fundamental United States (U.S.) foreign policy tool. Under § 3 of the AECA

(classified to 22 U.S.C. § 2753), the U.S. may sell defense articles and services to foreign countries and international organizations when the President formally finds that to do so will strengthen the security of the U.S. and promote world peace.

Foreign Military Sales (FMS) is the U.S. Government’s program for transferring defense articles, services, and training to our international partners and international organizations. Such transactions are based upon agreements specifically referenced in FMS Letters of Offer and

Acceptance (LOA) and a government-to-government Memorandum of Understanding (MOU).

Provision of these items will help the recipient countries maintain and expand capacity to protect territorial waters, enhance maritime domain awareness, and build interoperable regional maritime security between other regional partners and the U.S. Government.

2 GOVERNMENT TERMS, APPLICABLE DOCUMENTS AND APPENDIX

The following Government terms and associated acronyms are common terms and may be used throughout the Statement of Work (SOW). Any terms used after this Government Terms table will be written as acronyms.

Acronym Term

AAR After Action Report

ARO After Receipt of Order

CBL Commercial Bill of Lading

CFI/E Contractor Furnished Information/Equipment

CLIN Contracting Line Item

CONUS Continental United States

COR Contracting Officer’s Representative

DoD Department of Defense

DTC Delivery Term Code

DTS Defense Transportation System

FAR Federal Acquisition Regulation

FF Freight Forwarder

FFP Firm-Fixed Price

FMS Foreign Military Sales

F.O.B Free On Board

GSA General Services Administration

GFI/E Government Furnished Information/Equipment

HF High Frequency

HSAR Homeland Security Acquisition Regulation

HAZMAT Hazardous Material

IRC Invoice Routing Code

KO Contracting Officer

KS Contract Specialist

LCD Liquid Crystal Diode

LED Light Emitting Diode

LOA Letter of Offer and Acceptance

NTE Not to Exceed

OCONUS Outside the Continental United States

OEM Original Equipment Manufacture

POC Point Of Contact

POD Port of Debarkation

POE Port of Embarkation

POP Period of Performance

PPPM Packing, Packaging, Preservation and Marking

SAMM Security Assistance Management Manual

SDDG Shipper’s Declaration for Dangerous Goods

SOW Statement of Work

UHF Ultra-High Frequency

UPL Ultralight Pole Ladder

U.S. United States

USCG United States Coast Guard

USG United States Government

VHF Very High Frequency

2.2 Applicable Documents

The following documents are applicable to this SOW and attached appendices to the extent specified herein.

2.2.1 Transportation of the Security Assistance Management Manual (SAMM), § C7 https://samm.dsca.mil/chapter/chapter-7

2.2.2 Material Inspection and Receiving Report, DD Form 250, DD FORM 250 GUIDANCE

2006 GUIDANCE USING MATERIAL REPORT (everyspec.com) https://samm.dsca.mil/chapter/chapter-7 http://everyspec.com/DoD/DoD-FORMS/DD_FORM_250_GUIDANCE_2006_30419/ http://everyspec.com/DoD/DoD-FORMS/DD_FORM_250_GUIDANCE_2006_30419/

GENERAL INFORMATION

3.1 General

The requirements of this Contract must be performed in accordance with this SOW and Contract.

3.2 Delivery Schedule and Period of Performance

The Contractor must develop and provide a Delivery Schedule (Tab 3 Attachment II) to support the procurement of spares and must include time to allow for the USG inspection and vendor shipping preparation. The Delivery Schedule will be incorporated into the SOW upon award and includes the following:

• Receipt of Order (Date): The date the offeror officially receives the purchase order from the Government. This is the starting point for the schedule.

• Offeror Receipt of All Items (Date): The date the offeror expects to have all the items required to fulfill the order in their possession (either in stock or received from their suppliers). This is based on the lead times they provide.

• Estimated Days to Readiness for Government Inspection: The estimated number of calendar days required after the offeror has received all items to prepare them for

Government Inspection. This includes any necessary assembly, testing, documentation preparation, or other pre-inspection activities.

• Items Ready for Government Inspection (Date): The date the offeror anticipates the items will be ready for Government inspection. This is calculated by adding "Estimated

Days to Readiness for Government Inspection" to the "Offeror Receipt of All Items

(Date)."

• Estimated Days to Readiness for Shipment: The estimated number of calendar days required after the Government Inspection to prepare the items for shipment. This includes packaging, labeling, and arranging transportation. This assumes the items pass inspection.

• Items Ready for Shipment (Date): The date the offeror anticipates the items will be ready for shipment to the Government. This is calculated by adding "Estimated Days to

Readiness for Shipment" to the "Items Ready for Government Inspection (Date)."

In the event the Delivery Schedule changes prior to shipping or pick up, the Contractor must update the Delivery Schedule with explanations for all changes and provide a copy to the COR and KS within two (2) working days.

The Delivery Schedule is not the Contract Period of Performance. The Contract Period of

Performance may extend past the Delivery Schedule to allow for contract administration. The

Period of Performance will be listed on the Contract award documentation Standard Form 1449

Solicitation/Contract/Order for Commercial Items.

3.3 Performance Location

The primary place of performance will be at the Contractor’s facility.

3.4 Status Meetings

The Contractor POC must be available to meet with the KO and COR upon request within two

(2) business days to present deliverables, discuss progress, exchange information and resolve emergent technical problems and issues.

3.5 Unauthorized Obligations

KO is the sole Government Personnel authorized to make any changes associated with this

SOW, the Contract, and its terms and conditions. The Contractor must not take direction from any representative of the recipient country nor any other USCG personnel that alters the requirements of this SOW, price, delivery date, or any other term and condition of the Contract.

If the Contractor chooses to take such direction, they do so at their own risk, including but not limited to, liabilities associated with non-payment and contract termination.

3.6 Invoicing- Electronic Submission of Payment Requests

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available must be stated. If travel was allowable and approved, components in accordance with

FAR 31.205-46 must be provided.

(b) Except as provided in paragraph (c) of this clause, the contractor must submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the contractor must include a copy of the contracting officer's written authorization with each payment request.

(e) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/.

(f) Receiving Official: Brendan Shields

Invoice Approver Official: Brendan Shields

Contracting Officer’s Representative: Brendan Shields

3.7 Government Points of Contact

Contracting Officer

Micha Wisniewski https://www.ipp.gov/ https://www.ipp.gov/ https://www.uscg.mil/fincen/IPP/ https://www.uscg.mil/fincen/IPP/

Email: Micha.A.Wisniewski@uscg.mil

Phone: (571) 608-9771

Contract Specialist

Dennis Kokoskie

Email: Dennis.S.Kokoskie@uscg.mil

Phone: (206) 820-3335

Contracting Officer Representative

Brendan Shields

Email: Brendan.C.Sheilds@uscg.mil

Phone: (206) 815-0717

In addition to the Government Points of Contact listed above, are non-Government personnel from outside the agency. Employees of the firms identified below will assist the Government in the administration of this contract and will be authorized access only to the information necessary to enable them to perform their respective duties.

Cherokee Nation Strategic Programs LLC.

10838 E Marshall St, Ste 200E

Tulsa, OK 74116-5682

Shipping Documentation Copy Only:

Klara Cali (non-Government personnel)

Email: Klara.Cali@uscg.mil

Phone: 202-475-3045

Invoice Documentation Copy Only:

Charolette Brown (non-Government personnel)

Email: Charlotte.R.Brown@uscg.mil

Phone: 202-475-3027

In accomplishing their duties related to the contract administration, the aforementioned firms may require access to proprietary information contained in the Contractor’s quote and subsequent correspondences and deliverables. Each employee from the listed firms is required to sign a Conflict of Interest and Non-Disclosure Agreement, confirming that all information received must not be used in any way for personal use or gain nor divulged to another party prior to, during or after award of the contract. The KO will obtain copies of these agreements and ensure their proper execution.

4 REQUIREMENTS

4.1 General

The Contractor must source and procure the item(s) listed in § 2.3.1 Appendix A and prepare the items for shipment as per § 5 Packaging, Shipping, and Delivery.

4.2 Equipment Substitution

After contract award, if the Contractor cannot obtain a specific item (e.g., part, component, or equipment) as required by the SOW, it must bear all costs associated with recommending and offering substitutions. The substituted item must be a form, fit, and function replacement for the originally proposed item. The Contractor must provide a minimum of fifteen (15) days’ notice, from date of award, of any item substitution. The Contractor must submit written documentation demonstrating form, fit and function to the KO, who will approve all item substitutions.

4.3 Material Inspection and Acceptance

Inspection and Acceptance must be conducted at the contractor’s facility unless otherwise mutually agreed upon by the KO and Contractor. The Contractor must perform the inspection and acceptance trials and document the results on a DD Form 250. The COR or a Government

Representative may be onsite to witness the inspection. Deficiencies disclosed during inspection and trials must be documented on DD Form 250. The Government’s approval of the DD Form

250, acknowledging the formal acceptance of equipment provided, must be conducted prior to

DTS shipping arrangements. Acceptance for all items will be F.O.B. Origin and upon the transfer of custody to the DTS Shipper.

The USG’s formal acceptance of items provided must be conducted prior to DTS shipping arrangements. Acceptance for all items will be F.O.B. Origin and upon the transfer of custody to the DTS Shipper.

5. HANDLING, PACKAGING, AND TRANSPORTATION

5.1 Handling and Storage

The Contractor must establish, maintain, control and be responsible for the handling, storage, preservation, and management of pre-positioned items in a secure location to prevent damage from loss, deterioration, degradation, or substitution of products. The Contractor must maintain accountability of all items until an inspection is conducted by a Government Representative and transfer of title is complete.

5.2 Packaging and Marking

The Contractor must prepare the shipment in accordance with the policies, regulations, and procedures enumerated in the SAMM, § C7 Transportation. Packaging includes packing, preservation, and other procedures designed to protect materiel from damage or deterioration while in transit or in storage. The Contractor must mark all shipments under this contract in accordance with SAMM, § C7.8.2 Marking in addition to the following with the following information:

Contract No. TBD

Foreign Military Sales (FMS) Case Designator TU-P-LBX

For DTS shipments, “This shipment is authorized for export pursuant to 22 CFR

126.6(a), under FMS case TU-P-LBX.

The U.S. Government point is:

Primary Point of Contact

Brendan Sheilds

Alternate Point of Contact

Klara Cali

NOTE: Failure to mark all packages, boxes, etc. as indicated above, may result in return of the shipment at the Contractor’s expense.

5.3 Place of Delivery

Delivery Location: To be provided prior to shipment

Delivery POC: To be provided prior to shipment

5.4 Shipping Documentation

All shipping tracking information and shipping documents must be provided to the USCG POCs identified below. These documents must include, as applicable, DD Form 250, packing slip, customs clearance paperwork, HAZMAT documentation, Declaration for Dangerous Goods

(SDDG), commercial invoices, etc. All shipping documents must be provided to:

Primary Point of Contact

Brendan Sheilds

Alternate Point of Contact

Klara Cali

The Contractor will not be responsible for customs clearance, nor any fees associated with the process. The Contractor will be provided with in-country POC and shipping address. The

Contractor must be responsible for any costs associated with shipping, handling, import, and export.

Export Controlled Items. Export-controlled items, as used in this SOW, means items subject to the Export Administration Regulations (EAR) (15 C.F.R. Parts 730-774) or the International

Traffic in Arms Regulations (ITAR) (22 C.F.R. Parts 120-130). The term includes:

Defense items,” defined in the Arms Export Control Act, 22 U.S.C. § 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 C.F.R.

Part 120, and

The Contractor must be knowledgeable of and comply with all applicable laws and regulations regarding export-controlled items, including but not limited to ITAR requirements (including registration thereunder with the Department of State). The Contractor must consult with the

Department of State regarding any questions relating to ITAR compliance. It must consult with the Department of Commerce regarding any questions relating to EAR compliance.

The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided.

Nothing in the terms of this Contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations referenced in § 2 of this SOW.

5.5 Transportation

The Contractor must prepare the shipment in accordance with the policies, regulations, and procedures enumerated in the SAMM, § C7 Transportation. The Contractor must provide the following transportation services. The contractor will not be responsible for Customs clearance, nor any fees associated with the process. The contractor will be provided with in-country POC and shipping address.

5.6.1 Defense Transportation System (DTS)

DTS is the portion of the worldwide transportation infrastructure that supports Department of

Defense (DoD) transportation needs. The Government will coordinate DTS shipping upon completion of the complete material inspection acceptance and receiving report.

5.6.2 The contractor must provide necessary characteristics (e.g., weight, dimensions) of the items/shipment as required by the USG to make the required arrangements for shipping. The

USG will coordinate the arrangement for onward movement to the final destination. The

Contractor must be present during the DTS shipper pick up and transfer of custody. A copy of the DD Form 250 must be included with the packaging list.

6 WARRANTY AND DOCUMENATION

6.1 Documentation

The Contractor must provide with the equipment any commercially available manufacturing documentation and warranties in the English language.

6.2 Warranty

All applicable commercial warranties must be passed to the recipient country. The warranty must be provided for the country to submit claims to the OEM. In addition, the workmanship pertaining to installation must be warranted by the Contractor against any defects or failures from faulty installation for a period of one (1) year from the date of acceptance. All warranty coverage must be applicable for use of the vessels OCONUS by a foreign military.

(End of SOW)