SUDAN - HANDOVER OF LIGHT SUPPORT PACKAGE

UNCLAS SECTION 01 OF 02 STATE 145210 SIPDIS SENSITIVE SIPDIS ADDIS ABABA FOR USMISSION USAU E.O. 12958: N/A TAGS: PREL PGOV KPKO SU MARR SUBJECT: SUDAN - HANDOVER OF LIGHT SUPPORT PACKAGE INFRASTRUCTURE TO UNITED NATIONS REF: STATE 144892 ¶1. (U) This is an urgent action request for USUN. Please see paras 4 and 5 for instructions and text of handover document. ¶2. (U) Background: Per a request by the United Nations, Department of Peacekeeping Operations in late 2006, the Department of State created a contract to provide logistics support to the UN,s Light Support Package (LSP) to the African Union Mission in Sudan (AMIS) on a reimbursable basis. This work, carried out through Pacific Architects and Engineers Government Services, Inc. (PAE),included the construction of the UN,s largest base camp in El Fasher, Darfur, as well as several additional sites in El Fasher, Al Geneina, Zalingei and Nyala. These facilities are intended for the use of United Nations personnel deploying to Darfur to help bolster AMIS and to pave the way for transition of AMIS to a robust, hybrid UN/AU peacekeeping operation. The work carried out by PAE under this task order has been inspected by both the US Government Technical Monitor in Darfur and UN personnel and has been deemed ready for handover from the USG to the UN. The UN has verbally and via email requested that this handover take place as quickly as possible. The attached handover document in para 5 has been reviewed by DPKO and the UN,s Office of Legal Affairs, and has been approved for signature. The text has been cleared by L/BA, L/LFA, and AF/SPG. ¶3. (SBU) In March 2007, the USG and UN completed negotiations on a reimbursable agreement under Section 607 of the US Foreign Assistance Act (FAA) for the work in question. The reimbursable agreement was signed by Ambassador Wolff on behalf of the USG. To date, the USG has not received reimbursement for the work carried out by the USG contractor in Darfur, but has been assured that the funds are forthcoming. In spite of the lack of reimbursement to date, the Department deems the handover of these facilities as critical for the advance of UN deployment to Darfur and is not seeking to delay this process. However, in delivering the handover document in para 5, the Mission should stress the need for expeditious reimbursement for work completed and should also reiterate the urgent need for DPKO to set up its own logistics support contracts in Darfur. Per reftel, the UN has also recently requested additional support services from the USG, including extension of Operations and Maintenance (O&M) services at AMIS base camps beyond December 31, 2007 on a reimbursable basis. The USG would like clear assurance from the UN that it will have in place its own contracts by no later than April 1, 2008, and will not seek further support from the USG outside the system of assessed UN dues. ¶4. (SBU) The Department requests the handover document in para 5 be signed and transmitted by the US Mission to the United Nations to the UN,s Department of Peacekeeping Operations, Logistics Support Division for countersignature no later than October 17, 2007. The Mission should use this opportunity to (1) reiterate USG support for UN deployment to Darfur, (2) stress the need for urgent completion of the reimbursement process for work under the LSP, and (3) recall the need for a written assurance by the United Nations that it will assume responsibility for operations and maintenance support of all base camps in Darfur no later than April 1, 2008, per reftel. The Department further requests that a scanned copy of the handover document with signatures by both parties be transmitted by the US Mission to the Africa Bureau,s Sudan Programs Group for its records. For additional background information, please contact AF/SPG Rebecca Jovin (202-647-4597) or Joshua Drake (202-647-2348). ¶5. (U) BEGIN TEXT OF HANDOVER DOCUMENT. TRANSFER OF WORKS PROVIDED PURSUANT TO A LETTER OF ASSIST DATED 21 AND 26 MARCH 2007 ¶1. On 21 and 26 March 2007, respectively, the United States of America and the United Nations entered into an Agreement Concerning the Provision of Services and Commodities on a Reimbursable Basis in Support of the Operations of the United Nations Mission in Sudan (the &Agreement8) which referenced a Letter of Assist. ¶2. As set forth in the Letter of Assist and the Agreement, the services and commodities to be provided included the STATE 00145210 002 OF 002 services and works described in Task Order SAQMPD07F0536 dated December 20, 2006, as subsequently modified on 11 June 2007, (the &task order8) issued by the Department of State pursuant to Contract SLMAQM03C0033-M008 with PAE Government Services, Inc. (&PAE8) dated 27 May 2003 (the &contract8). ¶3. The works described in the task order included the construction at El-Fasher of AMIS Headquarter Staff Accommodations, Office Accommodation inside AMIS Headquarters, an Additional Parking Area, and a Power House, as well as Office and Living Accommodations at Al Geneina, Zalingei and Nyala. ¶4. These works have been substantially completed, have been jointly inspected by representatives of the United States of America and the United Nations African Union Mission in Darfur (&UNAMID8) and are deemed ready to be turned over to UNAMID for use in its operations in Sudan. ¶5. It is hereby agreed that custody, title and all rights of use in the works provided under the task order, as described in paragraph 3 above, are hereby transferred to UNAMID. ¶6. The parties agree that the services and works provided hereunder are accepted by the United Nations Mission as is and that no claim for damages shall be made against the United States of America; provided, however, that any warranties or other obligations of PAE under the task order will be exercised by the Department of State at the request of the United Nations Mission. Executed this day of , 2007. For the United States of America For the United Nations END HANDOVER DOCUMENT TEXT. RICE