LOA_TH-D-MAI Current Implemented Case Report.pdf

TH-D-MAI Amendment 1 DSAMS Current Implemented Case Report

This document increases the value of Line 001 for additional requirements. This Amendment also revises Note 3, restates Notes 11, 12 and 13 and adds Notes 14 and 15. The estimated payment schedule is revised to meet current financial requirements. (Unclassified repair and return maintenance in support of F100-PW-220E engines)

Estimated Cost: $1,126,985

$1,126,985

39,912

36,761

$1,050,312

(13) Total Estimated Cost

( 8) Net Estimated Cost

Transportation

Administrative Charge

Packing, Crating, and Handling

Items to Be Supplied (Case Line Information)

Estimated Cost Summary:

Other

Terms of Sale:

Cash with Acceptance

(12)

( 9) (10)

(11)

Information to be provided by the Purchaser:

Mark For Code___, Freight Forwarder Code___, Purchaser Procuring Agency Code_D_, Name and Address of the Purchaser's Paying Office:________________________________________

(5) Costs

(3) Description/Condition

(2) Itm Nbr

(4) Qty, Unit of Issue

(6)

SC/MOS/

TA

(7) Ofr Rel

Cde

(8) Del Trm Cde

(1) Last Updt Vrsn

M2C 023000RR0TMAT (N)(N)(R)(XXI) $1,050,312XX A EX(-)

TA4

A1

Due with Amendment Acceptance: $555,556

BASIC CASE IMPLEMENTED : 03 Apr 2008

STC Effect Dt : 01 JAN 1996

1STC Version No :

(a) Unit (b) Total

B4 R+R OTHER MATERIEL

47 Unclassified repair and return maintenance in support of F100-PW-220E engines.

Page 2 of 6 Pages

Notes

ESTIMATED PAYMENT SCHEDULE

CumulativeQuarterlyPayment Date

Last Update Version: A1

$555,556

$571,429

$1,126,985

$1,126,985

Previous Payments Scheduled Date (03 Apr 2008)

Current USG Financial Requirements

Amount Received from Purchaser $571,429

Due with Amendment Acceptance

This line provides for unclassified repair and return maintenance in support of F100- PW-220E engines.

a. Unless otherwise stated herein all work will be performed contractually unless the reparable is categorized as mission essential and excess organic repair capability is available for serially controlled items.

b. The Purchaser should notify HQ AFSAC/555 ISPTS/Sustainment Flight for specific authorization and shipping instructions prior to the return of reparables. The Purchaser will return reparables in accordance with the input/output schedule provided with authorization. Reparables will be returned in accordance with AFMAN 23-110.

Purchaser will ensure the DD Form 1348-1 is attached to the reparable and contains type of assistance code 4.

c. Transportation to and from the repair facility is the responsibility of the Purchaser.

d. In accordance with the International Traffic in Arms Regulations (ITAR), the Purchaser is responsible for obtaining the appropriate licenses or exemptions prior to shipping items to the CONUS. The Purchaser must also obtain the appropriate customs clearances, in accordance with the ITAR.

e. All correspondence regarding this case or transactions entered into the computer system against this sales agreement will cite the Letter of Offer and Acceptance (LOA) case designator TH-D-MAI, line item number 01 and applicable document number.

f. This is a follow-on case to Foreign Military Sales (FMS) case (Enter Case/Line item(s))TH-D-MER.

Note 1. LINE 001 - REPAIR AND RETURN MAINTENANCE.

Last Updated Version: B

Note 2. MAINTENANCE - REPAIR/RETURN.

Last Updated Version: B

Page 3 of 6 Pages

a. Purchaser should submit Supply Discrepancy Reports (SDRs) (Standard Form (SF) 364) to AFSAC 555th ILS/SDR Flight, Bldg 209, 5454 Buckner Road, Wright-Patterson AFB OH 45433-5332. Section 5.4 of the Letter of Offer and Acceptance Standard Terms and Conditions provides the timeframes for submitting SDRs.

b. Purchasers are encouraged to submit SDRs promptly. There may be a contractor warranty that applies to the discrepant item. The USG's ability to exercise warranty rights on behalf of the Purchaser is limited to the length of time of the warranty.

The Purchaser should inquire of the USG whether a contractor warranty applies to a discrepant item and what is the warranty period.

All US Government contracts resulting from this Offer and Acceptance shall contain one of the following provisions, unless the sales commission and fee have been identified and payment thereof approved in writing by the Government of Thailand before contract award:

(1) For firm fixed price contracts or fixed price contracts with economic price adjustment. The contractor certifies that the contract price (including any subcontracts awarded hereunder) does not include any direct or indirect costs of sales commissions or fees for contractor sales representatives for the solicitation or promotion or otherwise to secure the conclusion of the sale of any of the supplies or services called for by this contract to the Government of Thailand.

(2) For all other types of contracts. Notwithstanding any other provision of this contract, any direct or indirect costs of sales commissions or fees for contractor (or subcontractor) sales representatives for the solicitation or promotion or otherwise to secure the conclusion of the sale of any of the supplies or services called for by this contract to the Government of Thailand shall be considered as an unallowable item of cost under this contract.

a. Packing, Crating and Handling (PC+H) will be charged for non-stock funded items shipped from DOD facilities. PC+H costs will not be added for items shipped from contractor's facilities. When the source of supply changes, the Purchaser agrees to an automatic adjustment of accessorial charges.

b. When shipments are made by small parcel service, the Purchaser agrees that the accessorial charge specified in the current DOD directive will be additive.

c. When the point of delivery changes and/or the transportation responsibility

Note 3. SUPPLY DISCREPANCY REPORTS.

Last Updated Version: A1

Note 4. SALES COMMISSIONS AND FEES.

Last Updated Version: B

Note 5. DEFENSE ARTICLES.

Page 4 of 6 Pages changes, the Purchaser agrees to an automatic adjustment of accessorial charges and a change in place of title passage, if appropriate. When the parties agree to a Delivery Term Code (DTC) change, such change will be confirmed by issuance of an Amendment or a Modification as appropriate.

d. When staging is established for the benefit of the Purchaser (not already included in the offer), the Purchaser agrees to automatic application of an accessorial charge.

No Nonrecurring Costs (NC) apply to this FMS case.

The estimated closure date is 24 months after the date of projected final delivery.

Pursuant to section 505 of the Foreign Assistance Act of 1961, as amended (FAA), and section 40A of the Arms Export Control Act (AECA), the USG will be permitted, upon request, to conduct end-use monitoring (EUM) verification with respect to the use, transfer, and security of all defense articles and defense services transferred under this LOA. The Purchaser agrees to permit scheduled inspections or physical inventories upon USG request, except when other means of EUM verification shall have been mutually agreed. Upon request, inventory and accountability records maintained by the purchaser will be made available to U.S. personnel conducting EUM verification.

Paragraph 2.3 of the Standard Terms and Conditions of this LOA discusses use and transfer restrictions on articles and services provided under this LOA and emphasizes that the purchaser "shall not use or permit their use for purposes other than those authorized, unless the written consent of the USG has first been obtained." The purchaser agrees not to divert articles and services received under this LOA for purposes or uses other than those for which furnished to include, but not limited to, any use that could contribute to the acquisition, design, development or production of a "missile," as defined in section 74 of the AECA (22 U.S.C.2797c). The items will be used only for the purpose stated and such use will not be modified nor the items modified or replicated without the prior consent of the USG; neither the items nor

Note 6. NONRECURRING COSTS DO NOT APPLY.

Last Updated Version: B

Note 7. CASE CLOSURE.

Last Updated Version: B

Note 8. END-USE MONITORING (EUM).

Last Updated Version: B

Note 9. MISSILE TECHNOLOGY CONTROL REGIME (MTCR).

Page 5 of 6 Pages replicas nor derivatives thereof will be retransferred without the consent of the USG.

The USG also reserves the right to take action under section 73(a) of the AECA (22 U.S.C.2797b(a)) in the case of any export or transfer of any Missile Technology Control Regime (MTCR) equipment or technology that contributes to the acquisition, design, development or production of missiles in a country that is not an MTCR adherent.

The Department of Defense is not a party to any offset agreements/arrangements that may be required by the Purchaser in relation to the sales made in this LOA and assumes no obligation to administer or satisfy any offset requirements or bear any of the associated costs. To the extent that the Purchaser requires offsets in conjunction with this sale, offset costs may be included in the price of contracts negotiated under this LOA. If the Purchaser desires visibility into these costs, the Purchaser should raise this with the contractor during negotiation of offset arrangements.

For any lines on this LOA document with a Source of Supply of 'X' or 'P', the Contract Administration Services (CAS) surcharge rate apply: for Contract Administration, 0.65%;

for Quality Assurance and Inspection, 0.65%; and for Contract Audit, 0.20%. CAS has only been applied to the portion of "X" - coded line items expected to come from procurement.

A PC+H charge has been applied to the applicable portions of line item number 001.

An administrative surcharge of 3.8% has been applied to line 001.

a. All correspondence regarding this case or transaction(s) entered into the computer system against this sales agreement will cite the Letter of Offer and Acceptance (LOA)

Note 10. OFFSET COSTS.

Last Updated Version: B

Note 11. CONTRACT ADMINISTRATION SERVICES (CAS) SURCHARGE.

Last Updated Version: A1

Note 12. ACCESSORIAL CHARGES.

Last Updated Version: A1

Note 13. ADMINISTRATIVE SURCHARGE.

Last Updated Version: A1

Note 14. CORRESPONDENCE AND GENERAL INFORMATION.

Last Updated Version: A1

Page 6 of 6 Pages case identifier, line item number, and applicable document number.

b. Changes in the selection of the freight forwarder will be submitted to AFSAC, 1822

VAN PATTON DRIVE, WRIGHT PATTERSON AFB OH 45433-5337.

Defense articles furnished under this LOA may be used only for those authorized purposes set forth in section 2.2 of the Standard Terms and Conditions, unless the written consent of the USG has been obtained for a different use. The USG retains the right to verify reports that such defense articles have been used for purposes not authorized or for uses not consented to by the USG.

Note 15. UNAUTHORIZED USE OF DEFENSE ARTICLES.

Last Updated Version: A1