PL-B-UDV - AE23016 - SOW.pdf

Statement of Work

Veeam Software & Warranty

Foreign Military Sales (FMS) Case

PL-B-UDV – AE23016

27 December 2023

Statement of Work

1 SCOPE

This document describes work to be performed by Veeam to deliver Saftware and Warranty under this Foreign Military Sales (FMS) case for the country of Poland. The word Government in this document refers to the United States Government. The word country in this document refers to the FMS Customer(s).

2 APPLICABLE DOCUMENTS

2.1 Military Standards

MIL-STD-130N with Change 1 Identification Marking of U.S. Military Property MIL-STD-129R Military Marking for Shipment and Storage MIL-STD-882E System Safety CECOM Regulation 380-16 Industrial Security Program Requirements

DTM 09-019

Policy Guidance for Foreign Ownership, Control, or Influence

(FOCI)

DoD Directive 5230.11 Disclosure of Classified Military Information to Foreign Governments and International Organizations

DoD 8570.01-M Information Assurance Workforce Improvement Program AR 525-13 Antiterrorism AR 530-1 Operations Security

2.2 Commercial Standards

ISPM 15 Guidelines for Regulating Wood Packaging Material in International Trade

ASTM D 3951-15 Standard Practice for Commercial Packaging

3 REQUIREMENTS

3.1 Requirements for Hardware. The contractor shall provide the following Software to support Poland. All hardware shall be supplied from new production.

3.1.1. Veeam Backup and Replication Enterprise Plus Licenses. The contractor shall deliver thirty

(30) Veeam Backup and Replication Enterprise Plus Licenses Part number M-VBRPLS-PP000-00.

3.1.2 Veeam Software Warranty. The contractor shall deliver thirty (30) Veeam Software Warranties for four (4) additional years

3.2 Requirements for Services. Not Applicable

3.3 Item Unique Identification (IUID). Not Applicable

3.4. Operations Security

3.4.1. Antiterrorism / iWATCH

a. AT Level 1 Training. This standard language is for contractor employees with an area of performance within a controlled installation, facility or area: All contractor employees, to include subcontractor employees, requiring access to installations, facilities and controlled access areas shall complete AT Level 1 Awareness Training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 60 calendar days after completion of training by all employees and subcontractor personnel. AT level 1 Awareness Training is available at the following website: https://jkodirect.jten.mil/ for CAC holders (Course number “-US007”). Non-CAC-holders may go to: http://jkodirect.jten.mil/Atlas2/page/login/Login.jsf.

(CDRL A001)

b. AT Awareness Training - Not Applicable

c. iWATCH Training: This standard language is for contractor employees with an area of performance within a facility or area. The Contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 60 calendar days after contract award. (CDRL A002) https://www.dhs.gov/see-something-say-something.

3.4.2 Operations Security (OPSEC)

a. For contracts that require a formal OPSEC program. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The Contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1. (CDRL A003)

b. For contracts that require OPSEC Training: Per AR 530-1 Operations Security, the CECOM OPSEC Plan, and AR 350-1 Army Training and Leader Development contractor employees must complete Level I OPSEC Awareness training within 30 calendar days of reporting for duty and annually thereafter. Training will be provided to the contractor by their contract company (may coincide with the government employee training). (CDRL A004)

3.4.3 Personnel Security (PERSEC).

a. Security training for contractors: Several training requirements exist for contractor personnel per DoD and Army regulation/directives. On-site contractors may receive training briefs from the government appointed Security Manager; however, contracting companies will be required to provide training to off-site contractor employees. Training is tailored to the organization’s requirements as well as local policy. Some examples of Security training provided to integrated/embedded contractors may include, but is not limited to, the following:

• Threat Awareness Reporting Program (TARP) (required for all contractors with security clearances) – Per AR 381-12, TARP, cleared contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b.

• Initial Security Orientation: Online training available on the Army Learning Management System (ALMS) site, reference ALARACT 207-2103 - Initial training

• Annual Security Orientation: Online training available on the Army Learning Management System (ALMS) site, reference ALARACT 207-2103 - Annual training requirement

• Derivative Classification training, reference DoD 5200.01-V3-biennial training requirement

• Foreign travel training, AR 525-13, required when traveling abroad

• DA, AMC, and/or commander directed security stand-downs, e.g., ad-hoc refresher training

b. For Contract Requiring Performance or Delivery in a Foreign Country.

DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors outside the US.

The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives.

3.5 Packaging. Packaging/packing shall be in accordance with ASTM D 3951-15, Standard Practice for Commercial Packaging, Level of Protection (LOP): Commercial, Level of Pack (LPK):

Commercial, Quantity Unit Pack (QUP): 001. Marking shall be in accordance with MIL-STD-129R.

3.5.1 Wood Packaging Material (WPM) includes but is not limited to pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. This requirement excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).

3.5.2 All WPM shall meet the requirements of International Standards for Phytosanitary Measures (ISPM) Number 15, “Regulations in Wood Packaging Material in International Trade (2009)”. DoD shipments inside and outside of the United States shall meet the requirements of ISPM 15 whenever WPM is used to ship DoD cargo.

3.5.3 All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) (IAW) American Lumber Standard Committee (ALSC), Incorporated, Wood Packaging Material Program and WPM Enforcement Regulations (see ALSC WPM).

3.5.4 All WPM shall include certification/quality markings IAW the ALSC standard. Markings shall be placed in an unobstructed area that shall be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved DUNNAGE stamp.

3.5.5 Failure to comply with these requirements may result in refusal, destruction, or treatment of materials at the point of entry. The Government reserves the right to recoup from the Contractor any remediation costs incurred by the Government.

3.5.6 The Contractor shall establish, maintain, control and be responsible for the handling, storage, preservation, packing and shipping to protect the quality of the materials and to prevent damage from loss, deterioration, degradation, or substitution of products.

3.6 Requirements for Warranty.

3.6.1 The Contractor shall provide a no-cost warranty covering workmanship and materials for all items furnished in accordance with this contract or any modification thereof. If the warranty is a commercial warranty and states that the warranty is not in effect outside the continental United States, then the wording of the warranty shall be amended so that the warranty is extended to Poland. The warranty shall be for a minimum of one (1) year following the date of hardware acceptance by the U.S. Government.

3.7 Perform Safety Engineering. The Contractor shall identify all real and potential hazards associated with the equipment ordered on this contract. This shall include any toxic substance exposure concerns to personnel during operation or maintenance to include transportation or resulting from damage to the equipment. The Contractor shall also identify any special disposal procedures.

The identified hazards and special disposal procedures shall be described either in the applicable Technical Manual shipped with each hardware item, or alternatively as a separate insert (in English) included with each hardware item if no Technical Manual is available for the item. All hazards that cannot be eliminated shall be reduced to lowest risk possible. Those hazards that cannot be eliminated must be presented to the contracting officer, providing as a minimum the post and pre-fix hazard severity and hazard probability levels, corrective action and status, prior to government acceptance of the equipment. MIL-STD-882E shall be used in assessing system safety. The Contractor shall affix applicable safety/hazardous precautionary warnings on hardware in English.

4.0 Procurement Contracting Officer. The ACC-APG Procurement Contracting Officer (PCO) is the single point of contact within the government for funds, program direction or approval of progress payments. Only the PCO can approve or direct changes or additions to the contract.

4.1. The contractor shall provide Contractor’s Progress, Status and Management Report – CDRL C001 and a Certificate of Completion containing information outlined in Appendix A in contractor format.

APPENDIX A

Certificate of Completion Template

To be placed on Company letterhead.

Date:______________________ Subject:______________________________ Customer:________________________________ Contract Number:_____________________________ Delivery Order Number:___________________________ FMS Case Designator:_______________________ Contract CLIN:________________________________________________ Period and service invoiced:____________________________________________________ Include Class Roster:_____

Customer Comments:

Contractor Representative Customer Representative Printed Name:________________________ Printed Name:________________________ Title:________________________________ Title:________________________________ Date:________________________________ Date:________________________________

Signature Signature