7.7 Status of Force Agreement.pdf

Europe, South American, Africa, and Asia continents Regarding Nations in the said continents with SOFA with the United States of America

In all Solicitations and Contracts Must Include DFARS Clause 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States, instead of the clause at FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for performance in a designated operational area that authorize contractor personnel (including both contractors authorized to accompany the Force (CAAF) and non- CAAF) to support U.S. Armed Forces deployed outside the United States in—

(1) Contingency operations;

(2) Peace operations consistent with Joint Publication 3-07.3; or

(3) Other military operations or military exercises, when designated by the combatant commander or as directed by the Secretary of Defense.

(b) For additional guidance on clauses to consider when using the clause at 252.225-7040, see PGI 225.371-5(b):

(i) The clause at DFARS 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States, as prescribed at DFARS 225.372-2.

(ii) Either the clause at FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act), or the clause at FAR 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas, as prescribed at FAR 28.309(a) and (b).

(iii) The clause at FAR 52.228-7, Insurance—Liability to Third Persons, in cost-reimbursement contracts as prescribed at DFARS 228.311-1.

(iv) The clause at DFARS 252.228-7003, Capture and Detention, as prescribed at DFARS 228.370(d).

(v) The clause at DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees, as prescribed at DFARS 237.171-4.

(vi) The clause at FAR 52.249-14, Excusable Delays, as prescribed at FAR 49.505(b).

(vii) The clauses at FAR 52.251-1, Government Supply Sources, as prescribed at FAR 51.107, and DFARS 252.251-7000, Ordering from Government Supply Sources, as prescribed at DFARS 251.107. See also Class Deviation 2013-O0012, Authorization for Contractors to Use Government Supply Sources in Support of Operation Enduring Freedom.

Must include the following as addendum to DFARS 252.225-7040 in all solicitations and contracts:

Addendum to DFARS 252.225-7040- The following information is provided to assist all Contractors in obtaining the appropriate country clearances as required for providing services outside the United States. All offerors/contractors must be aware and must comply with all country clearance requirements as outlined in the following:

I. The DoD Foreign Clearance Guide (FCG)

The FCG outlines all the requirements which must complete before traveling. The requirements vary by combatant command and country. And these change continually, based on current threats.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7043 http://www.acq.osd.mil/dpap/dars/dfars/html/current/225_3.htm#225.372-2 http://www.acq.osd.mil/dpap/dars/dfars/html/current/228_3.htm#228.311-1 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252228.htm#252.228-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/228_3.htm#228.370 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm#252.237-7019 http://www.acq.osd.mil/dpap/dars/dfars/html/current/237_1.htm#237.171-4 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252251.htm#252.251-7000 http://www.acq.osd.mil/dpap/dars/dfars/html/current/251_1.htm#251.107 http://www.acq.osd.mil/dpap/policy/policyvault/USA002400-13-DPAP.pdf

The DoD FCG is broken down by CCMD and the countries in each one. For some countries, requirements for country clearance include:

◾Completion of country clearance in the Aircraft and Personnel Automated Clearance System;

◾Completion of Level I Antiterrorism within 12 months before travel;

◾Completion of Isolated Personnel Report training within 12 months before travel;

◾Survival, Evasion, Resistance and Escape training within 36 months of travel; and ◾Receiving a travel threat briefing from an antiterrorism officer.

Important are links are as follows:

DoD Foreign Clearance Guide - https://www.fcg.pentagon.mil/fcg.cfm (Log-in required)

Aircraft and Personnel Automated Clearance System (APACS) https://apacs.milcloud.mil/apacs/ (Log-in required)

State Department Travel Website - https://travel.state.gov/content/travel/en.html

Smart Traveler Enrollment Program (STEP) - https://step.state.gov/step/

ISOPREP Training -https://www.fcg.pentagon.mil/static/ISOPREP_Completion_Instructions.pdf

SERE Training -https://www.fcg.pentagon.mil/static/2016_07_SERE_100_2_Completion_Instructions.pdf

The traveler must complete all requirements before travel and should begin to complete the requirements 45- 60 days in advance. The lead time for completing the country clearance in APACS varies by country and ranges from 21 to 45 days. All DTS orders for foreign travel are routed to the local ATO, who certifies that the traveler has received a travel-threat briefing for each country.

The State Department also encourages U.S. citizens to enroll in the Smart Traveler Enrollment Program before traveling. This allows the traveler to receive important information from the embassy and to be contacted in the event of a natural disaster, civil unrest or family emergency. Enrollment can also can help family or friends get in touch with the traveler in an emergency.

II. Aircraft and Personnel Automated Clearance System (APACS)

The necessity for country clearances has been legislated through international agreements between the various Nations and the United States of America.

All Department of Defense (DoD) sponsored travelers must follow the process listed in the section particular to the Nation found in the Department of Defense electronic Foreign Clearance Guide (FCG). Since the DoD FCG is directive in nature for all DoD and DoD-sponsored travel abroad, travelers regardless of component (Military, Defense Civilian, Contractor; and Defense Corporations based on the type of visit) must ensure they comply with this Guide. Details and requirements are featured and updated regularly in the electronic Foreign Clearance Guide at https://www.fcg.pentagon.mil/fcg.cfm.

A new FCG login authentication process has been implemented for ALL non-.mil/.gov domain users. In order to access the FCG website, users will need to login using their existing APACS account or request a separate new FCG account via the APACS authentication process. Detailed foreign clearance guides for the State of Japan, the Republic of Korea, The United Kingdom, The Kingdom of Spain, The Italian Republic, and The Federal Republic of Germany as well as other Nations that hold International Agreements with the United States are located in the FCG website.

https://www.fcg.pentagon.mil/fcg.cfm https://apacs.milcloud.mil/apacs/ https://travel.state.gov/content/travel/en.html https://step.state.gov/step/ https://www.fcg.pentagon.mil/static/ISOPREP_Completion_Instructions.pdf https://www.fcg.pentagon.mil/static/2016_07_SERE_100_2_Completion_Instructions.pdf https://www.fcg.pentagon.mil/static/2016_07_SERE_100_2_Completion_Instructions.pdf https://www.fcg.pentagon.mil/fcg.cfm

All country clearances must be submitted via Aircraft and Personnel Automated Clearance System (APACS). The DoD Executive Agent for the Foreign Clearance Program has authorized APACS as the web-based tool to create, submit, coordinate and approve aircraft, diplomatic and personnel travel clearances (Country, Theater and Special Area) for DoD sponsored or approved official travel. APACS will be used instead of message traffic. APACS is mandatory for processing DoD sponsored personnel official foreign travel in all Combatant Commands. APACS may also be mandatory for certain types of leave travel.

Establish an APACS Account:

The Aircraft and Personnel Automated Clearance System (APACS) is a web-based tool designed to aid U.S.

Government aircraft mission planners and operators and DoD travelers on official government and unofficial (i.e., leave) travel, in meeting the clearance requirements outlined in the DoD FCG.

Travelers can use the FCG at https://www.fcg.pentagon.mil/fcg.cfm which allows them to apply for both APACS and FCG access. The unclassified APACS web site is the preferred route for processing Country Clearances and may be found at https://apacs.milcloud.mil/apacs/. APACS site requires the user to Log onto the website and create an account, and then submit a request and have training materials, documentation, and contact information to assist the traveler in properly submitting an APACS request.

APACS provides requesting, approving, and monitoring agencies (i.e., US Defense Attaché Offices, other designated approvers at US Embassies, and Geographical Combatant Command Theater Clearance staffs) access to a common, centralized, and secure database that contains all the information required to process aircraft and personnel clearances online.

One way to sign up for an APACS account is to visit https://www.fcg.pentagon.mil/fcg.cfm and hit the “LOGIN” button. Complete the APACS Registration/Contact Info page with the following required information:

> User Name > First Name/Last Name > Organization > Duty Phone (area code & extension) > E-mail (.mil/.gov or non-mil/.gov include .mil/.gov in account Comments or state affiliation with DoD) > Organizational Mailing Address > Date Format > Authentication Question/Answer > Account Notification Options > Comments

The APACS account will be activated by a system administrator, who will establish an appropriate user account and clarify any questions concerning account permissions. If the applicant has an active Common Access Card, the individual can select “Register With CAC (Common Access Card)” and the account will be activated immediately.

https://apacs.milcloud.mil/apacs/