ACQUISITION AND CROSS-SERVICING AGREEMENT (US-GUY-01) BETWEEN THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA AND THE GUYANA DEFENCE FORCE OF THE COOPERATIVE REPUBLIC OF GUYANA
Effective Date:
ACQUISITION AND CROSS-SERVICING AGREEMENT (US-GUY-01)
BETWEEN THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA
AND THE GUYANA DEFENCE FORCE OF THE COOPERATIVE REPUBLIC OF GUYANA
PREAMBLE
The Department of Defense of the United States of America (“U.S. Department of Defense”) and the Guyana Defence Force of the Cooperative Republic of Guyana (“Guyana Defence Force”), hereinafter referred to individually as Party, or collectively as the Parties, desiring to further the interoperability, readiness, and effectiveness of their respective military forces through increased logistic cooperation, have resolved to conclude this Acquisition and Cross-Servicing Agreement (“this Agreement”).
ARTICLE I. PURPOSE
This Agreement is entered into for the purpose of establishing basic terms, conditions, and procedures to facilitate the reciprocal provision of Logistic Support, Supplies, and Services as that term is defined in Article II of this Agreement.
ARTICLE II. DEFINITIONS
1. As used in this Agreement and in any Implementing Arrangements that provide specific procedures, the following definitions apply:
a. Classified Information. Information provided by one Party to the other Party that is designated as classified by the releasing Party for national security purposes and therefore requires protection against unauthorized disclosure. The information may be in oral, visual, electronic, or documentary form, or in the form of material, including equipment or technology.
b. Equal-Value-Exchange. Payment for a Transfer conducted under this Agreement in which it is agreed that the Receiving Party shall replace Logistic Support, Supplies, and Services that it receives with Logistic Support, Supplies, and Services of an equal value.
c. Exchange Transaction. Payment for a Transfer conducted under this Agreement in which it is agreed that the Receiving Party shall replace Logistic Support, Supplies, and Services it receives with Logistic Support, Supplies, and Services of an equal value, of an identical nature, or of a substantially identical nature to the Logistic Support, Supplies, and Services it received, under agreed conditions.
d. Implementing Arrangement. A written supplementary arrangement for Logistic Support, Supplies, and Services that specifies details, terms, and conditions to implement this Agreement effectively.
e. Invoice. A document from the Supplying Party that requests Monetary Reimbursement, Replacement-in-Kind, or Equal-Value-Exchange, in return for specific Logistic Support, Supplies, and Services rendered pursuant to this Agreement.
f. Logistic Support, Supplies, and Services. Food, water, billeting, transportation (including airlift), petroleum, oils, lubricants, clothing, communication services, medical services, ammunition, base operations support (and construction incident to base operations support), storage services, use of facilities, training services, spare parts and components, repair and maintenance services, calibration services, and port services. The term also includes the temporary use of general purpose vehicles and other nonlethal items of military equipment, where such lease or loan is permitted under the national laws and regulations of the Parties. The term “Logistic Support, Supplies, and Services” refers to support, supplies, or services from any or all of the foregoing categories.
g. Monetary Reimbursement. Payment for a Transfer conducted under this Agreement in which it is agreed that the Receiving Party shall pay by cash or currency, check, wire transfer, or electronic funds transfer for Logistic Support, Supplies, and Services that it receives.
h. Order. A written request, containing all the information required by Annex A, or made in the agreed-upon format (“Order Form”) set forth at Annex B to this Agreement, and signed by an authorized individual, for the provision of specific Logistic Support, Supplies, and Services pursuant to this Agreement.
i. Point of Contact (POC). An office, agency, or individual that is authorized by a Party to sign an Order requesting or agreeing to supply Logistic Support, Supplies, and Services, or to collect or make payments for Logistic Support, Supplies, and Services supplied or received pursuant to this Agreement.
j. Receiving Party. The Party ordering and receiving Logistic Support, Supplies, and Services.
k. Replacement-In-Kind. Payment for a Transfer conducted under this Agreement in which it is agreed that the Receiving Party shall replace Logistic Support, Supplies, and Services that it receives with Logistic Support, Supplies, and Services of an identical, or substantially identical, nature under agreed conditions.
l. Supplying Party. The Party providing Logistic Support, Supplies, and Services.
m. Transfer. Selling, leasing, loaning, or temporarily providing Logistic Support, Supplies, and Services under the terms of this Agreement in exchange for a Monetary Reimbursement, Replacement-In-Kind, or an Equal-Value-Exchange.
ARTICLE III. APPLICABILITY
1. This Agreement is intended to facilitate reciprocal logistic support between the Parties to be used primarily during combined exercises, training, deployments, port calls, operations, or other cooperative efforts, or for unforeseen circumstances or exigencies in which one of the Parties may have a need for Logistic Support, Supplies, and Services.
2. This Agreement applies to the provision of Logistic Support, Supplies, and Services from the military forces of one Party to the military forces of the other Party in exchange for Monetary Reimbursement, Replacement-In-Kind, or Equal-Value-Exchange of Logistic Support, Supplies, and Services to the military forces of the Supplying Party.
3. All activities of the Parties under this Agreement and any Implementing Arrangements shall be carried out in accordance with their respective national laws and regulations. All obligations of the Parties under this Agreement and any applicable Implementing Arrangements shall be subject to the availability of funds for such purposes. Unless otherwise agreed in advance, a Party shall not place an Order and receive support under this Agreement or any applicable Implementing Arrangement unless it has funds (or agreed-upon in-kind or equal-value support) available to pay for such support. If a Party discovers that it does not have the funds (or agreed-upon in-kind or equal-value support) to fulfill its obligations, it shall promptly notify the other Party, which shall have the right to discontinue its provision of any support that was to be paid for with such funds (or agreed-upon in-kind or equal-value support). This shall not affect the obligation of a Party to pay for support already received.
4. The following items are not eligible for Transfer under this Agreement, and are specifically excluded from its coverage:
a. Weapon systems;
b. Major end items of equipment (except for the lease or loan of general purpose vehicles and other nonlethal items of military equipment where such lease or loan is permitted under the national laws and regulations of the Parties); and
c. Initial quantities of replacement and spare parts associated with the initial order of major items of organizational equipment; however, individual replacement and spare parts needed for immediate repair and maintenance services may be transferred.
5. Also excluded from Transfer by either Party under this Agreement are any items the Transfer of which is prohibited by its national laws or regulations.
ARTICLE IV. TERMS AND CONDITIONS
1. Each Party shall make its best efforts, consistent with national priorities, to satisfy requests from the other Party under this Agreement for Logistic Support, Supplies, and Services. However, when an Implementing Arrangement contains a stricter standard for satisfying such requests, the standard in the Implementing Arrangement shall apply.
2. Orders may be placed or accepted only by the POCs identified in the separate, written notifications exchanged between the Parties. When the military forces of the Guyana Defence Force require Logistic Support, Supplies, and Services outside the U.S. Southern Command (“USSOUTHCOM”) Area of Responsibility, they may place Orders directly with the cognizant POC or may seek the assistance of USSOUTHCOM or a USSOUTHCOM component command, to place an Order with a non-USSOUTHCOM POC.
3. An Implementing Arrangement under this Agreement may be negotiated on behalf of the
U.S. Department of Defense by the Headquarters of U.S. Combatant Commands, or their designees. Implementing Arrangements may be negotiated on behalf of the Guyana Defence Force by their designees.
4. Prior to submitting a written Order, the Receiving Party’s POC should initially contact the Supplying Party’s POC, including by telephone, fax, or e-mail, to ascertain availability, price, and desired method of repayment for required Logistic Support, Supplies, and Services. Orders shall include all the data elements in Annex A to this Agreement, as well as any other terms and details necessary to carry out the Transfer. The Order Form included in Annex B to this Agreement should be used for initiating and completing an Order. The number of this Agreement, US-GUY–01, should be annotated on all Orders and related correspondence.
5. Both Parties shall maintain records of all transactions.
6. The Receiving Party is responsible for:
a. Arranging for pick-up and transportation of supplies acquired under this Agreement. This does not preclude the Supplying Party from assisting with loading supplies acquired under this Agreement onto the transportation conveyance.
b. Obtaining any applicable customs clearance and arranging other official actions required by national customs regulations.
7. The individual designated by the Receiving Party to receive the Logistic Support, Supplies, and Services on behalf of the Receiving Party shall sign the Order Form (Annex B) in the appropriate block as evidence of receipt. If the Order Form is not available at the Supplying Party’s point of issue, the individual receiving the Logistic Support, Supplies, and Services shall
sign the receipt document provided by the Supplying Party as a substitute. The number of this Agreement, US-GUY-01, shall be entered on the receipt document.
8. The Supplying Party shall be responsible for:
a. Notifying the Receiving Party when and where Logistic Support, Supplies, and Services are available to be picked up; and
b. Forwarding to the Supplying Party POC authorized to accept Orders under this Agreement the Order Form or receipt document, as applicable, signed by the Receiving Party POC indicating receipt of the Logistic Support, Supplies, and Services provided by the Supplying Party. The signed Order Form or receipt document, as applicable, shall be attached to the Order Form initiating the Order and the Order Form evidencing acceptance by the Supplying Party.
9. Logistic Support, Supplies, and Services received through this Agreement shall not be retransferred, either temporarily or permanently, to any other country, international organization, or entity (other than the personnel, employees, or agents of the military forces of the Receiving Party) without the prior written consent of the Supplying Party obtained through applicable channels.
ARTICLE V. REIMBURSEMENT
1. For Transfers of Logistic Support, Supplies, and Services under this Agreement, the Parties shall agree on Monetary Reimbursement, Replacement-In-Kind, or an Equal-Value- Exchange (the latter two are Exchange Transactions). The Receiving Party shall pay the Supplying Party as provided in either paragraph 1.a. or paragraph 1.b. of this Article.
a. Monetary Reimbursement. The Supplying Party shall submit Invoices to the Receiving Party after delivery or performance of the Logistic Support, Supplies, and Services. Both Parties shall provide for the payment of all transactions, and each Party shall invoice the other Party at least once every three (3) months for all transactions not previously invoiced. Invoices shall be accompanied by necessary support documentation and shall be paid within sixty (60) days of the date prepared and entered upon the Invoice. Payment shall be made in the currency of the Supplying Party or as otherwise agreed by the Parties in the Order. In pricing a Monetary Reimbursement, the Parties agree to the following reciprocal pricing principles:
(1) In the case of a specific acquisition by the Supplying Party from its contractors on behalf of a Receiving Party, the price shall be no less favorable than the price charged the military forces of the Supplying Party by the contractor for identical items or services, less amounts excluded by Article VI of this Agreement. The price charged may take into account price differentials due to delivery schedules, points of delivery, and other similar considerations.
(2) In the case of Transfer from the Supplying Party’s own resources, the Supplying Party shall charge the same price charged its own military forces for identical Logistic Support, Supplies, and Services, as of the date delivery or performance occurs, less amounts excluded by Article VI of this Agreement. In any case where a price has not been established or charges are not made for one’s own military forces, the Parties shall agree on a price in advance, reflecting reciprocal pricing principles, excluding charges that are precluded under these same reciprocal pricing principles.
b. Exchange Transaction. When Equal-Value-Exchange or Replacement-In-Kind is the agreed method of payment, prior to the provision of the requested support, both Parties shall agree, to the extent possible, on the Logistic Support, Supplies, and Services that shall be accepted for payment. The Receiving Party shall be responsible for arranging return transportation and delivery of the replacement Logistic Support, Supplies, and Services to the location mutually agreed between the Parties no later than the time the Order Form is signed by the Receiving Party and by the Supplying Party. If the Receiving Party does not complete the exchange within the terms of the schedule agreed to or in effect at the time of the original transaction, which may not exceed one year from the date of the original transaction, the transaction shall be deemed as a Monetary Reimbursement and governed by subparagraph 1.a. of this Article, except that the price shall be established using actual or estimated prices in effect on the date payment otherwise would have been due.
c. Establishment of Price or Value. The following pricing mechanisms are provided to clarify application of the reciprocal pricing principles. The price established for inventory stock materiel shall be the Supplying Party’s stock list price. The price for new procurement shall be the same price paid to the contractor or vendor by the Supplying Party. The price for services rendered shall be the Supplying Party’s standard price, or, if not applicable, costs directly associated with providing the services. Prices charged shall exclude all taxes and duties that the Receiving Party is exempted from paying under other agreements that the Governments of the Parties have concluded. Upon request, the Parties agree to provide information sufficient to verify that these reciprocal pricing principles have been followed and that prices do not include waived or excluded costs.
2. When a definitive price for the Logistic Support, Supplies, and Services is not agreed to in advance of the Order, the Order, pending agreement on final price, shall set forth a maximum liability to the Party ordering the Logistic Support, Supplies, and Services. The Parties shall enter into negotiations promptly to establish the final price.
3. POCs for payments and collections for each Party shall be identified in separate, written notifications exchanged between the Parties.
4. The price for Logistic Support, Supplies, and Services under this Agreement shall not be higher than the price for the same Logistic Support, Supplies, and Services available under any other agreement between the Parties or their Governments.
5. In the event payment in full has not been received by the Supplying Party within eighteen
(18) months from the date of the original transaction, any amount still owed by the Receiving Party under the original transaction may, at the discretion of the Supplying Party, be offset against any amounts owed by the Supplying Party to the Receiving Party pursuant to any other transactions under this Agreement.
ARTICLE VI. WAIVED OR EXCLUDED COSTS
Insofar as national laws and regulations permit, the Parties shall ensure that any readily identifiable duties, taxes, and similar charges are not imposed on activities conducted under this Agreement. The Parties shall cooperate to provide proper documentation to maximize tax and customs relief. The provisions of any applicable tax and customs relief agreements also shall apply under this Agreement. The Parties shall inform each other whether the price charged for Logistic Support, Supplies, and Services includes taxes or duties. In determining whether duties, taxes, or similar charges should be levied, the pricing principles in Article V of this Agreement shall govern the value of the Logistic Support, Supplies, and Services provided by the Supplying Party.
ARTICLE VII. SECURITY OF INFORMATION
All activities under this Agreement and any Implementing Arrangements shall be carried out at the unclassified level.
ARTICLE VIII. INTERPRETATION AND AMENDMENTS
1. Any disagreements regarding the interpretation or application of this Agreement, any Implementing Arrangements, or transactions executed hereunder shall be resolved through consultation between the Parties and shall not be referred to any national or international tribunal, or third party for settlement.
2. Either Party may, at any time, request amendment of this Agreement by providing written notice to the other Party. In the event such a request is made, the Parties shall enter into negotiations promptly. This Agreement may be amended only by written agreement between the Parties.
ARTICLE IX. ENTRY INTO FORCE AND TERMINATION
This Agreement, which consists of a Preamble, Articles I through IX, and Annexes A and B, shall enter into force upon the date of the last signature. This Agreement shall remain in force indefinitely, unless terminated by the mutual written consent of the Parties or by either Party giving not less than one hundred eighty (180) days’ notice in writing to the other Party of its intent to terminate. Notwithstanding termination of this Agreement, all reimbursement obligations incurred pursuant to the terms of this Agreement shall remain binding on the responsible Party until satisfied.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE, in duplicate, in the English language.
FOR THE DEPARTMENT OF DEFENSE FOR THE GUYANA OF THE UNITED STATES DEFENCE FORCE OF AMERICA OF THE COOPERATIVE REPUBLIC OF GUYANA
Name Name
Title Title
City: City:
Date: Date:
LIST OF ANNEXES
ANNEX A – Minimum Essential Data Elements ANNEX B – Order Form
ANNEX A
MINIMUM ESSENTIAL DATA ELEMENTS
1) Implementing Arrangements or support Agreement
2) Date of Order
3) Designation and address of the office to be billed
4) Numerical listing of stock numbers of items, if any
5) Quantity and description of material/services requested
6) Quantity furnished
7) Unit of Measurement
8) Unit price in the currency of the billing country
9) Quantity furnished (6) multiplied by unit price (8)
10) Currency of the billing country
11) Total Order amount expressed in the currency of the billing country
12) Name (typed or printed), signature, and title of the authorized Ordering or requisitioning representative
13) Payee to be designated on remittance
14) Designation and address of the office to receive remittance
15) Recipient’s signature acknowledging service or supplies received on the Order or requisition or a separate supplementary document
16) Document number of Order or requisition
17) Receiving organization
18) Issuing organization
19) Transaction type
20) Fund citation or certification of availability of funds when applicable under Parties’ procedures
21) Date and place of original Transfer; in the case of an Exchange Transaction, a replacement schedule including time and place of replacement Transfer
22) Name, signature, and title of the authorized acceptance official
23) Additional special requirement, if any, such as transportation, packaging, etc.
24) Limitation of government liability
25) Name, signature, date, and title of the Supplying Party official who actually issues supplies or services
ANNEX B ORDER FORM
ACQUISITION AND CROSS-SERVICING AGREEMENT (ACSA)/MUTUAL LOGISTICS SUPPORT (MLS) ORDER FORM
1. Requisition No. 2. Support Agreement 3. Operation/Theater 4. Order Date
5. Requesting Unit 6. Requesting Nation 7. Providing Unit 8. Providing Nation
9. Deliver to Unit 10. Deliver to Country 11. Deliver Place 12. Deliver Time
13. REQUESTED LINE ITEM SUMMARY (SEE ATTACHED LINE ITEM DETAIL SHEET)
No. Sub Attch Stock No. & Description Unit of Mes Quantity Request (Less Previously Received) Quantity Received Unit Price Total
14. Method of Payment 15. Currency 16. Not to Exceed Amount 17. Line Item Cost
Cash Replacement-in-Kind (RIK) Equal-Value-Exchange (EVE)
22. Authorized Requestor 23. Authorized Supplier 18. Trans Costs
Signature Signature 19. Other Costs
Name (Last, First MI Rank/Title) Date Name (Last, First MI Rank/Title) Date 20. Total Claimed
Unit/Office Nation/Organization Unit/Office Nation/Organization 21. Agreed Return Date
24. Purchase Order No. 25. Fund Citation 26. Bill To 30. Remarks
27. Invoice No. 28. Acct No./Finance Tracking No. 29. Pay To
31. Receipt 32. Invoice
I Certify that the amount invoiced is exclusive of all taxes to which exemption has been granted under provisions of existing agreements and that the invoice is correct.
Signature Signature
Name (Last, First MI Rank/Title) Date Name (Last, First MI Rank/Title) Date 20. Total Claimed
Unit/Office Nation/Organization Unit/Office Nation/Organization 21. Agreed Return Date 12
