Cablegate: Sudan - Handover of Light Support Package

VZCZCXRO2062
OO RUEHGI RUEHMA RUEHROV
DE RUEHC #5210/01 2901516
ZNR UUUUU ZZH
O P 171506Z OCT 07
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 9169
INFO DARFUR COLLECTIVE PRIORITY
RUEHDS/AMEMBASSY ADDIS ABABA PRIORITY 3415

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

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