Attachment I Statement of Work_SAROPS_Malaysia.pdf

ATTACHMENT I

STATEMENT OF WORK

SEARCH AND RESCUE OPTIMAL PLANNING SYSTEM

THE UNITED STATES COAST GUARD

FOREIGN MILITARY SALES

CASE NUMBER

MALAYSIA

Attachment I SOW

SAROPS

Malaysia

Revision Number R-0

Revision Date 10 MAY 2021

1 INTRODUCTION

1.1 Scope

This document describes the general administrative, technical requirements and information defining the responsibilities required by the Environmental Systems Research Institute, Inc.

("Contractor" or "ESRI") for the procurement and delivery of software and data licenses. The

United States Coast Guard ("USCG") has a requirement for the procurement of software and data licenses under a Foreign Military Case for the country of Malaysia. This SOW is incorporated as part of Agency's applicable Standard Form ("SF") 1449 or equivalent form when the ESRI-authorized representative and the USCG Contracting Officer sign the SF 1449 or equivalent form.

1.2 Background

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

(AECA). It 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. This program is conducted through formal agreements between the U.S. Government (USG) and an authorized foreign purchaser. These agreements are called U.S. LOA.

The Search and Rescue Optimal Planning System (SAROPS) is a search planning software utilized by the U.S. Coast Guard and international partners for search and rescue planning.

SAROPS provides drift simulation, search patterns, and probability of success. SAROPS can provide search-planning support for both air and maritime search platforms. The SAROPS software uses real-time environmental data inputs that undergo statistic calculations to develop optimal search pattern recommendations. SAROPS is capable of producing search patterns and probabilities of success for search and rescue mission occurring simultaneously, each of which may involve a combination of both air and maritime platforms.

Annual licenses to commercial item software and data are required for this system to operate.

This contract is established so that the U.S. Coast Guard may assist Malaysia with obtaining licenses for ArcGIS software and Environmental Data Server data pertinent to their respective area of responsibility.

Provision of these items will help the maritime safety and security services maintain and expand capacity to protect territorial waters, enhance maritime domain awareness, and build interoperable regional maritime security between other regional partners and the USG.

Malaysia

2 GOVERNMENT TERMS AND APPLICABLE DOCUMENTS

2.1 Government Terms

The following government terms and associated acronyms are common terms and may be used thought out the Statement of Work (SOW).

Acronym Term

AAR After Action Report

AOR Area of Responsibility

APACS Aircraft and Personnel Automated Clearance System

ARO After Receipt of Order

CBL Commercial Bill of Lading

CFI/E Contractor Furnished Information/Equipment

CLIN Contract Line Item

CONUS Continental United States

COR Contracting Officer’s Representative

COTS Commercial-Off-the Shelf

DoD Department of Defense

DTC Delivery Term Code

DTS Defense Transportation System

ECL English Comprehension Level

FAR Federal Acquisition Regulation

FCG Foreign Clearance Guide

FFP Firm-Fixed Price

FMS Foreign Military Sales

F.O.B Free On Board

GPS Global Positioning System

GFI/E Government Furnished Information/Equipment

HSAR Homeland Security Acquisition Regulation

IMO International Maritime Organization

IRC Invoice Routing Code

KO Contracting Officer

KS Contract Specialist

LOA Letter of Offer and Acceptance

MIL-SPEC United States Military Standard

NTE Not to Exceed

MSO Manufacturer’s Statement of Origin

NIPO Navy International Programs Office

NAVYIPOINST Navy International Programs Office Instruction

OCONUS Outside the Continental United States

OEM Original Equipment Manufacture

POC Point of Contact

POP Period of Performance

Malaysia

PPPM Packing, Packaging, Preservation and Marking

SAMM Security Assistance Management Manual

SAROPS Search And Rescue Optimal Planning System

SOW Statement of Work

U.S. United States

USCG United States Coast Guard

USG United States Government

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), Section C7 www.dsca.mil/samm/ESAMM/Chapter07.htm

2.2.2 Material Inspection and Receiving Report, DD Form 250, http://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/Rations/qapubs/sub4155/

250.pdf

2.3 Appendix

The following appendices are applicable to this SOW.

2.3.1 Appendix A: Product Descriptions and Pricing

2.3.2 Appendix B: ESRI Master Agreement for Software

2.3.3 Appendix C: RPS Group license terms

3 GENERAL INFORMATION

3.1 General

The requirements of this contract shall be performed in accordance with this SOW and contract.

The obligations found in Attachment II Clauses do not apply to RPS Group or to ESRI’s in-country distributor.

3.2 Period of Performance

The period of performance will begin at award and extend for three (3) years after activation of the subscriptions and licenses.

3.3 Performance Location

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

3.4 Unauthorized Obligations

http://www.dsca.mil/samm/ESAMM/Chapter07.htm http://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/Rations/qapubs/sub4155/250.pdf http://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/Rations/qapubs/sub4155/250.pdf

Malaysia

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

SOW, the Contract, and its terms and conditions. The Contractor shall 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.

3.5 Invoicing

A request for payment is proper if it includes the items required by the clause at FAR 52.212-

4(g) Invoice. If a request for payment does not include all the items required by the clause and the information listed below, or any information is inaccurate, then the request is not proper and shall be returned to the Contractor with a statement of the reason(s) it is not proper. Each invoice shall contain the following information at a minimum: (Deliverable)

a. Invoice Date

b. Invoice Number

c. Contract and Delivery/Task Order Number 70Z02321PMIX00200

d. GSA Contract Number:

e. Contractor’s Name

f. Contractor’s Address

g. Contractor’s DUNS

h. KO’s Name Kerri Dolezal

i. Contract Specialist Name: N/A

j. COR’s Name Ilvin Soto

k. Invoice Routing Code (IRC) assigned by the Coast Guard as follows: IRC CG-9123

l. Period of Performance (POP) for Work Invoiced

m. CLIN(s) and Description

n. CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total

o. Invoice Total

p. For Travel: Components in accordance with FAR 31.205-46

q. Discount Offerings

r. Status as a Small Business (if applicable) for accelerated payment

s. The last invoice submitted in association with this contract shall be clearly labeled with

“FINAL INVOICE.”

3.5.1 The Contractor shall submit each invoice electronically at https://www.fincen.uscg.mil/centralinv/centrinv_start.htm

3.5.2 The Contractor shall email a copy of the invoice and supporting documentation to include itemized expenses and receipts for all Travel and the invoice receipt generated by FINCEN to the

Government Points to Contact. Failure to email the invoice and supporting documentation to the Government contacts § 3.6 of this SOW may result in invoice rejection or delay in payment.

3.5.3 In accordance with the Prompt Payment Act (31 U.S.C. §§ 3901-3907), for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received: On the later of:

https://www.fincen.uscg.mil/centralinv/centrinv_start.htm

Malaysia

For invoices that are mailed, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

For invoices electronically transmitted by the Contractor via web-based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

The seventh day (7th) after the date on which the property is actually delivered or performance of the services is actually completed; unless— o The agency has actually accepted the property or services before the seventh day

(7th) in which case the acceptance date shall substitute for the seventh day (7th) after the delivery date; or o A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

3.5.4 On the date placed on the invoice by the Contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

Web-based submission by the Contractor and receipt confirmation does not reflect

Government review or acceptance of the invoice.

Payment inquiries and status may be obtained at the following website:

https://www.fincen.uscg.mil/electron.htm.

3.6 Government Points of Contact

Contracting Officer

Kerri Dolezal

Email: Kerri.L.Dolezal@uscg.mil

Phone: 202-475-3777

Contract Specialist

N/A

Email: N/A

Phone: N/A

Program Manager

Karl Harris

Email: Karl.A.Harris@uscg.mil

Phone: 202-475-3025

Contracting Officer Representative https://www.fincen.uscg.mil/electron.htm

Malaysia

Ilvin Soto

Email: Ilvin.Soto2@uscg.mil

Phone: 202-495-8466

3.6.1 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.

Bowhead Mission Solutions, LLC 6564 Loisdale Court, Suite 900

Springfield, VA 22150

Invoice Documentation Copy Only:

Joy Rogers-Cheatham (non-Government personnel)

Email: Joy.R.Rogers-Cheatham@uscg.mil

Phone: 202-475-3094

3.6.1.1 In accomplishing their duties related to the contract administration, the aforementioned firms may require access to proprietary information contained in the subsequent Contract correspondences and deliverables. Each employee from the listed firms are required to sign a

Non-Disclosure Agreement, confirming that any and all information received shall neither be used in any way for personal use or gain nor divulged to another party prior to, during or after award of the contract, unless expressly authorized in law and the Contracting Officer has authorized such disclosure in advance and in writing. The Contracting Officer shall obtain copies of these agreements and ensure that they are properly executed.

4 REQUIREMENTS

4.1 ESRI’s ArcGIS Desktop

The Contractor shall procure and deliver ArcGIS Desktop licenses (“ESRI Product”) for each

Country’s maritime Area of Responsibility (AOR), including help desk support for the Countries and at the quantities and duration described in Appendix A Product Descriptions and pricing.

The Contractor is responsible for delivering software items electronically. (Deliverable)

Testing and integration of the ESRI Products conducted by the USCG for SAROPS program is subject to ESRI's Master Agreement for Software number 00289013.0 (E204) ("Master

Agreement"). A copy of the Master Agreement is attached to this SOW. USCG will transfer the

ESRI Products integrated within SAROPS to the recipient Country. License terms and conditions covering the Country’s use and access of ESRI Products is subject to a separate agreement entered into by the Country, ESRI, and ESRI’s local distributor. Prior to ESRI’s delivery of

ESRI Products, the Country and ESRI’s local distributor will sign ESRI’s standard license agreement so ESRI may deliver ESRI Products to the USCG. The Country, ESRI’s local distributor, and ESRI must sign ESRI’s standard license agreement prior to Contractor’s delivery mailto:Joy.R.Rogers-Cheatham@uscg.mil

Malaysia of ESRI Products to the USCG. USCG is responsible for obtaining the Country’s signature on

ESRI’s license agreement.

ArcGIS Desktop Basic is commercially available off the shelf software product manufactured by

ESRI, which shall be provided electronically to USCG in commercial format. If licenses to ESRI

Products are no longer supported by ESRI, then ESRI shall notify USCG of the event. Contractor shall deliver ArcGIS software to include license files and product keys to activate and access software and data services, to the USCG POC within thirty (30) days from the date that the ESRI license agreement is signed by the Country, Contractor’s distributor, and Contractor. ESRI

Products are provided with restrictions pursuant to the Master Agreement. USCG will transfer the ESRI Product as an integrated component of SAROPS to the Country, together with a copy of the license agreement signed by ESRI, ESRI’s local distributor, and the Country.

For ESRI Products, the Contractor shall provide standard maintenance and technical support.

ESRI’s in-Country distributor shall conduct maintenance and technical support for ESRI product licenses delivered to the Country by USCG. Some of the ESRI Products may no longer be commercially offered or may no longer be available. USCG and the Country may continue to use the ArcGIS Desktop, but support and upgrades for older products may not be available.

Maintenance and maintenance availability of products shall be subject to each item’s Product

Life Cycle Support Status, which can be found at http://support.ESRI.com/en/content/productlifecycles, by selecting the product type and clicking the Product Life Cycle Support link for specific product plans. Primary maintenance subscriptions include twelve (12) months of technical support for one (1) authorized caller and updates for one (1) license. Primary maintenance is applicable to the first software license. For example, the first of every ten (10) ArcGIS Desktop license and its extensions that is required is considered a primary license (i.e. copies, 1, 11, 21, 31, and so on). Primary maintenance subscriptions provide software updates but technical support is covered under secondary maintenance and is typically applied to the additional nine (9) software licenses of every ten (10) licenses. However, Licensee may choose to have any combination of primary and secondary maintenance subscriptions, as long as a minimum ratio of one (1) primary to nine (9) secondary licenses is maintained. For example, Licensee may choose to have additional primary maintenance subscriptions to acquire additional primary maintenance benefits such as complimentary ESRI User Conference registrations or added authorized callers.

4.2 Environmental Data Server (EDS) Subscription

The Contractor shall procure and deliver EDS subscriptions, including help desk support, for the

Countries and at the quantities and duration described in Appendix A Product Descriptions and

Pricing. Each Country’s EDS Subscription shall be suitable for that Country’s maritime Area of

Responsibility (AOR). (Deliverable)

Testing and integration of the RPS Group, Inc. Product conducted by the USCG for the SAROPS program is subject to the RPS Group, Inc. license agreement. USCG will transfer the RPS

Group, Inc. Product to each Country as the end user together with a copy of the RPS Group, Inc.

license agreement.

http://support.esri.com/en/content/productlifecycles

Malaysia

RPS shall provide specific, relevant, regional environmental data where the SAROPS program will be utilized. The data products shall cover the geographic region’s area of operations AOR and be combined with the annual RPS Product subscription. RPS shall provide information for all data products included in the Country-specific package. Information shall include a list and description of all data products. Within five (5) days from the Effective Date of this SOW, RPS will deliver key codes to the USCG to activate and access the RPS Products. Delivery will be made to the USCG POC. Commercial data is provided with restrictions pursuant to the RPS license agreement. ESRI is not responsible for RPS’s Product performance and is not responsible for RPS’s license agreement terms and conditions. Maintenance and technical support for RPS

Products will be conducted directly by RPS from its domestic U.S. location(s) to USCG and to each Country, as applicable. ESRI is not responsible for ensuring RPS Product maintenance or tech support. RPS is not a subcontractor of ESRI. ESRI assumes no liability with respect to RPS

Product performance, license, or maintenance under this SOW. ESRI shall pay RPS product price within forty-five (45) days from ESRI’s receipt of payment from the USCG.

5. SHIPPING AND DELIVERY, INSPECTION AND ACCEPTANCE, AND

DOCUMENTATION

5.1 Shipping and Delivery

The Contractor will provide all license files and product keys to activate and access software and data services, within thirty (30) days of contract award to the USCG COR unless otherwise specified. The Contractor shall provide all items to the COR electronically unless otherwise specified. The USCG will provide the foreign Country with copies of these files and keys via CD or other medium that is commonly used to transfer electronic files.

5.2 Inspection and Acceptance

The Contractor shall prepare and provide DD-250(s) to the USCG COR for review and signature after delivery of all items have been verified. Inspection shall be considered complete when provided software is successfully loaded and operational. (Deliverable)

5.3 Documentation

The Contractor shall provide all publications, manuals, EDS Data package descriptions, and any other documentation associated with the items in English. If other languages are available that are applicable to the foreign nation receiving any items, the Contractor will include the documents in the foreign language as long as there are no cost implications. (Deliverable)

Malaysia

7 DATA DELIVERABLE SCHEDULE

The following is a consolidated list of the contract data deliverables.

Data Deliverable

SOW

Section

Item Schedule Delivery

Method

POC

3.5 Invoicing After Acceptance Email KO and COR

4.1 ESRI ArcGIS licenses Within 30 Days ARO Electronically KO and COR

4.2 RPS Group EDS Subscriptions Within 30 Days ARO Electronically KO and COR

5.2 DD Form 250 At Inspection Email KO and COR

5.3 OEM Documentation At Delivery Email KO and COR

(End of SOW)