Attachment 3 - 1973 Cost Sharing Agreement.pdf

ATTACHMENT 1

1973 Cost Sharing Agreement

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UNCLASSIFIED

April 4, 1973

No. 11

Sir:

I have the honor to refer to discussions between representatives of the United States Government and Her Majesty’s Government with regard to new arrangements concerning the facilities available to the United States Forces in the United Kingdom. It is the understanding of our two Governments that these new arrangements should cover all elements of the United States Forces and, recognizing that the facilities utilized by the United States Forces in the United Kingdom constitute an important factor in the common defense effort of our two countries, the new arrangements should carry forward the principle of cooperation and partnership between the United Kingdom and the United States. Accordingly, the United States Government has now asked me to propose the following Memorandum:

1. Definitions. For the purpose of this Memorandum:

(1) “Departmental Expenses” means all overhead cost incurred by her Majesty’s Government in the planning, contracting, supervising and general execution of works services undertaken by Her Majesty’s Government at the request of the United States Forces;

(2) “Land” includes any structures, installations, and public utility services thereon, rights of way and other easements and appurtenant rights;

(3) “United Kingdom” means, except as otherwise agreed, the United Kingdom of Great Britain and Northern Ireland;

(4) “United States Forces” means the land, sea, and air armed services of the United States, including the Coast Guard.

2. Land:

(1) Where it is agreed that Her Majesty’s Government will make available for the use of United States Forces

(a) land which is surplus to the needs of Her Majesty’s Government; or

(b) land required by the United States Forces for defense purposes which does not belong to Her Majesty’s Government but is in proximity, though not necessarily contiguous, to land made available under sub-paragraph (a) above, the cost of making such land available will be borne by Her Majesty’s Government. Land which has been made available free of charge to the United States Forces on the effective date of this Memorandum will continue to be so available.

(2) Where it is agreed that Her Majesty’s Government will make available land which is not surplus to the requirements of Her Majesty’s Government, Her Majesty’s Government will bear the expenses (including transportation and other costs of making such land available, subject to a maximum of £100,000 in any one United Kingdom financial year, and pro rata if the arrangements recorded in this Memorandum come in to effect or are terminated otherwise than at the start or end of the financial year, on the understanding that the United States Government will refund to Her Majesty’s Government any costs in excess of such amount.

(3) Where it is agreed that Her Majesty’s Government will make available to the United States Forces land required by the United States Forces for defense purposes and which is not covered by sub-paragraphs (1) or (2) above, the costs of making such land available will be borne by Her Majesty’s Government on the understanding that the United States Government will refund such costs in full. The costs, and the terms on which repayment is to be made, will be the subject of prior agreement between the appropriate authorities of the United States Government and Her Majesty’s Government.

(4) The cost of land purchased or leased by the United States Government will be borne by the United States Government, except as may be otherwise agreed. The United States Forces will have the right to conclude private leases on behalf of the United States Government.

(5) Subject to the financial limits specified in sub-paragraph (2) above for land provided under that sub-paragraph, Her Majesty’s Government, in making available land under sub-paragraph (1) and (2) above, will bear all the expenses incidental to making such land available, including where applicable:

(a) compensation to persons with a legal interest in the land, including the loss of standing crops;

(b) way leave rent;

(c) it is required by the relevant parties with an interest in the land;

(1) the provision of fencing where part only of a parcel of land is made available;

(2) the provision of an alternative means of access to adjoining land or the provision of gates;

(3) The re-alignment or renewal of drains.

(6) Notwithstanding the provisions of paragraph 7 below, land made available to a unit of the United States Forces pursuant to this paragraph will remain available for so long as in the opinion of Her Majesty’s Government and of the United States Government the presence of such unit in the United Kingdom is considered desirable in the interests of common defense.

(7) The residual value of land which ceases to be made available to the United States Forces by Her Majesty’s Government under this paragraph or is relinquished by the United States Forces will accrue to Her Majesty’s Government, but the United States Government will not be obliged to re-instate such land to its original condition.

(8) In this paragraph, “defense purposes” means purposes of the United States Forces in the United Kingdom which are directly designed to fulfill the operational military requirements of these Forces.

3. Use of Labor and Materials:

(1) Except as provided in sub-paragraph (2) below, the United States Forces will, in consultation with the United States Government and Her Majesty’s Government, use for the performance of construction and maintenance work required on land made available to them in the United Kingdom, the appropriate authority of Her Majesty’s Government.

(2) When the United States Forces consider that circumstances make it desirable, they may wish to make their own arrangements for maintenance and construction, or for use of United States labor, United States materials and United States equipment. In such an event, the United States Government will advise Her Majesty’s Government in writing of the intentions of the United States Forces in this respect. If Her majesty’s Government objects, the United States Government will be notified of this objection within fifteen days from the date of receipt of the United States advice, and thereupon duly designated representatives of the two Governments will meet promptly with a view to resolving the issue in question as speedily as possible in order not to delay the carrying out of the contemplated defense work.

4. Financial Arrangements:

(1) The United States Government will pay, pursuant to the refund procedures set forth below, the actual cost of major or minor construction or maintenance work carried out for the United States Forces when such work is performed by Her Majesty’s Government at the request of the United States Government and is accepted by the United States Government as satisfactory. In addition, with effect from the 1st April 1972, the United States Government will pay the cost of Departmental Expenses to the extent of 7½% of the actual cost of the said construction or maintenance work, Her Majesty’s Government bearing the remaining Departmental Expenses.

(2) Where the construction of a project is cancelled pursuant to instructions by the United States Government prior to any payment being claimed from it, the United States Government will bear, in lieu of Departmental Expenses, the full costs incurred by Her Majesty’s Government in the employment of private consultants and industrial labor.

(3) (a) Compensation paid by Her Majesty’s Government to any person with a legal interest in land, including costs and expenses relating to such payments, with respect to claims for damage arising from the execution of works carried out pursuant to sub-paragraph (1) above will be a charge on construction or maintenance work costs to be borne by the United States Government. These claims include but are not limited to:

(i) compensation for damage to land and standing crops arising from the installation, maintenance, repair or renewal of cables, pipes, drains, or other public utility services on, in or over such land;

(ii) compensation for damage to adjoining or adjacent land and standing crops arising from the execution of the work described in sub-paragraph

(i) above;

(b) Without prejudice to the responsibility of the United States Government for such claims, the Judge Advocate of the third United States Air Force will be notified of each claim, and the circumstances giving rise to it, as soon as practicable after it has been made.

(4) Compensation paid by Her Majesty’s Government to any third party, including costs and expenses relating to such payments, with respect to claims for injury (including injury resulting in death) loss or damage arising out of acts or omissions of contractors or sub-contractors in the execution of construction or maintenance work under this memorandum, including claims which are settled by Her Majesty’s Government after prior consultation with the United States Government, will be a charge on construction or maintenance work costs to be borne by the United States Government.

(5) Refunds for major construction works services will be made promptly on the basis of invoices submitted by Her Majesty’s Government to the United States Government, normally at 3 monthly intervals, which will cover expenditure and Departmental Expenses at 7½%, incurred in the preceding 3 months, it being accepted that this period may be varied by Her Majesty’s government should circumstances require it. Refunds for minor works services and maintenance, including Departmental Expenses at 7½%, will be made in accordance with procedures agreed between the United States Government and Her Majesty’s Government. Such costs will be calculated, and Departmental Expenses applied, in accordance with Her Majesty’s Government’s normal procedures for repayment services. The reason for non-payment of any items in any claim will be given to Her Majesty’s Government by the United States Government within 3 months of the date of submission of the claim.

(6) In implementing the arrangements recorded in this Memorandum, it is recognized that due consideration must be given to the financial and budgetary limitations and procedures of each Government. Her Majesty’s Government will apply to the United States Forces program the principles and procedures of financial control which apply to works services carried out for the Ministry of Defense, with such additional procedures as may be agreed between the United States Government and Her Majesty’s Government.

These controls will include the earliest practicable notification to the United States Government of impending cost over-runs.

5. Movable Property:

Ownership of all movable property furnished by the United States Government, or its contractors, or sub-contractors, in connection with the construction, operation or maintenance of facilities in the United Kingdom used by the United States Forces will remain with the United States Government or its contractors, or sub-contractors, as the case may be. Ownership of all movable property acquired by the United States Government will remain with the United States Government. All property covered by this paragraph may be imported into or removed from the United Kingdom free of customs duty. However, such property will not be disposed of within the United Kingdom unless consent has been given in writing by Her Majesty’s Government and any customs charges payable have been paid.

6. Miscellaneous Provisions:

(1) Subject to the provisions of sub-paragraph (5) below, and the new rate of Departmental Expenses in paragraph 4(1) above, all arrangements or agreements made between the United States and the United Kingdom, or on their behalf, will remain in force, and in the event of any conflict between their terms and the terms of this Memorandum, the former will prevail.

(2) The administration of the arrangements recorded in this Memorandum will be the joint responsibility of the United States Government and Her Majesty’s Government. To this end, the appropriate authorities of the two Governments may enter into implementing arrangements, as needed.

(3) At 31st December 1972 the unexpended balance of the United Kingdom capital contribution of £22.5 million to the US/UK Cost-Sharing Arrangements of 9th September, 1953, was 289,832.72. This sum will be available to the United States Forces until expended or until the arrangements recorded in this Memorandum are terminated in accordance with its provisions, whichever happens first. In all other respects the 1953 Cost-Sharing Arrangements will terminate on the date the arrangements recorded in this Memorandum come into effect.

(4) Subject to the provisions of sub-paragraph (1) above, and except as may be mutually agreed otherwise, this Memorandum is applicable to all land in the United Kingdom made available by Her Majesty’s Government in peace or war to the United States Forces.

(5) A listing of agreed United States activities to which this Memorandum applies will be submitted annually to Her Majesty’s Government by the United States Government.

7. Duration:

Subject to paragraph 4(1) above, the arrangements recorded in this Memorandum will come into effect as of 1st April 1973 and will remain in effect for ten years from that date.

Thereafter either Government may terminate the arrangements by giving twelve months written notice of its intention to terminate to the other Government.

The foregoing Memorandum represents what I understand to be the outcome of the discussions between our respective representatives. I think it is accepted that there is no need for the arrangement recorded in the Memorandum to be the subject of a formal Agreement between our two Governments. Accordingly, I would suggest that it would be sufficient if you confirmed that the arrangements recorded in the Memorandum correctly set out the understanding of our two Governments in this matter.

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ATTACHMENT 2

Call-Off Schedule 28 Module A - Leaflet AL-07 Form 29

(For USVF Managed Construction Works)

Document No: DIOCB1/151/1 Version: v0.1 Date: 07 Dec 2018

File: Call-Off Schedule 28 Module A-AL-07_Form_29_20181207_48FW_RD-R_v0_1

HOST NATION STEWARDSHIP CHECKLIST OF TASKS

(FOR USF-MANAGED CONSTRUCTION WORKS)

Form 29 Serial Number:

Base / Establishment

USVF Project Number

Project Title

Construction Cost Limit

F100 Number (for DIO time charge)

Value allocated to DIO:

USVF Agency Initiating Works

Proposed Designer

Proposed Contractor

Proposed scope of work

Proposed contracting method

Document No: DIOCB1/151/1 Version: v0.1 Date: 07 Dec 2018

A. Parts 1, 2 and 3 of this form should be completed by the USVF Focal Point for issue to the DIO Focal Point.

B. On receipt the DIO Focal Point should insert estimated costs for any DIO involvement, create a project record for cost recovery and return to the USVF Focal Point to obtain the BCE’s acceptance prior to issue to the DIO Manager for final agreement / approval.

C. * Definition of DIO USVF involvement Assurance – indicates that DIO USVF will require evidence that the task has been satisfactorily completed.

(consultation between CE/DIO) Yes – indicates that DIO USVF will play an active role in completing the tasks and all costs incurred will be recoverable.

Document No: DIOCB1/151/1 Version: v0.1 Date: 07 Dec 2018

Part 1 – Design Stage

Requirement (Completed by CE)

DIO Input Required Yes/No *

(Completed by CE/DIO)

Forecast Date (Completed by

CE for programming resources)

Estimated DIO Costs involved (Completed by

DIO)

Hours / cost £

Person Responsible (Either CE, DIO or N/A)

Comments

1 Compliance with CDM and appointment of CDMC

Assurance

2 Asbestos / Specialist Surveys

If requested

3 RAFCC Siting Board Assurance

4 Local Authority Planning including archaeological

Yes

5 Archaeological Survey Yes

6 SSSI / EN compliance Yes

7 Building Regulations compliance

Yes

8 MOD Fire Officer approval including NFPA

Yes

9 Independent Structural Certification

Assurance

10 EA drainage plans approval Yes

11 Maintenance strategy approval

Yes

12 Authorising Engineer approval

Yes

13 Pre-construction H&S Information

Yes

14 Contract Strategy Yes

Document No: DIOCB1/151/1 Version: v0.1 Date: 07 Dec 2018

Part 2 – Construction Stage

DIO Input Required Yes/No *

(Completed by CE/DIO)

Forecast Date (Completed by

CE for programming resources)

Estimated DIO Costs involved (Completed by

DIO)

Hours / cost £

Person Responsible (Either CE, DIO or

N/A)

Comments

15 CDM Construction H&S plan

Assurance only

16 Contractor’s security clearance

No

17 HSE notification using HSE Form F10

Assurance

18 SRP compliance Yes

19 Skilled Person Certificate Yes (if no

USF AP)

20 Hazardous Waste Regulations compliance

Assurance

21 Compliance with DIO USVF Code TECH 012, Schedule of Maintainable Assets Form DIO USVF 140 and Form DIO USVF 141 Handover Checklist

Yes

22 MoD Fire Certification using Form DIO USVF 15

Yes

23 Issue of H&S file and O&M documentation

Yes

24 Building Regulations compliance

Yes

Document No: DIOCB1/151/1 Version: v0.1 Date: 07 Dec 2018

Part 3 – Post Construction Stage

DIO Input Required Yes/No *

(Completed by CE/DIO)

Forecast Date (Completed by

CE for programming resources)

Estimated DIO Costs involved (Completed by

DIO)

Hours / cost £

Person Responsible (Either CE, DIO or

N/A)

Comments

25 BFMA / FMIS / Asset Register

Yes

26 Management of Warranty items

Yes

TOTAL ESTIMATED

COST AND ESTIMATED

PROJECT COMPLETION

Document No: DIOCB1/151/1 Version: v0.1 Date: 07 Dec 2018

Part 4 – Authorisation

USV Focal Point - (Eg. CEO or CEP Flight Chief).

Name: Signature: Date:

DIO Focal Point - (Eg. Senior Project Manager or Ops Manager)

Base Civil Engineer - (or Regional Civil Engineer if scope is applicable) Agreement to scope and DIO costs.

DIO Manager – (or DH Ops Accn USVF if scope is applicable)

Document No: DIOCB1/151/1 Version: v0.1 Date: 07 Dec 2018

GUIDANCE - DIO REQUIREMENTS AND EXPECTATIONS

1 Compliance with CDM and appointment of

CDMC

DIO requires a copy of the HSE F10, signed by the USVF representative, for the design stage for notifiable works. For non-notifiable works written confirmation is required that the scheme complies with the CDM regulations

2 Asbestos / Specialist Surveys DIO will provide support in obtaining any specialist / asbestos surveys and provide estimated costs if requested.

3 RAFCC Siting Board DIO requires a copy of the board result.

4 Local Authority Planning including archaeological compliance

DIO will provide support and apply for the LPA Planning Consent and provide estimated costs if requested. CE to produce all required documents.

5 Archaeological survey DIO will provide liaison with local authority archaeology unit and necessary funds. CE shall allow time in the programme for archaeological works

6 SSSI / EN compliance DIO will provide support in applying for relevant approvals and provide estimated cost if requested.

7 Building Regulations compliance DIO expects all works to comply with the Building Regulations and all designs and construction works are to be certified by an approved third party Building Control Adviser employed by the designer. Copies of design proposals and certificates are to be issued to the DIO BCO. Forms DIO USVF 67 and 68 shall be used. All construction works are to be inspected by the DIO BCO prior to occupation.

8 MoD Fire Officer approval including NFPA DIO expects all works to comply with UK and USVF fire standards. All design and construction work will be inspected and approved by the MoD Fire Adviser. DIO will provide estimated costs if requested

9 Independent Structural Certification DIO expects all works to comply with relevant UK regulations and all structural designs are to be certified by an approved third party organisation. Form DIO USVF 2518 and 2519 shall be used.

10 EA drainage plans approval DIO will provide support in obtaining relevant approvals and provide estimated costs if requested.

11 Maintenance strategy approval DIO will provide support in agreeing a suitable maintenance strategy using Form DIO USVF 148.

Document No: DIOCB1/151/1 Version: v0.1 Date: 07 Dec 2018

12 Authorising Engineer approval DIO will provide support in obtaining relevant approvals and provide estimated costs if requested.

13 Pre-construction H&S Information DIO requires written confirmation that all Pre-construction H&S Information is in place prior to contract award.

14 Contract Strategy DIO requires written confirmation as to how USVF will carry out any tender action

15 CDM Construction H&S plan DIO requires written confirmation that a suitable safety plan is in place prior to construction commencing.

16 Contractor’s security clearance Those requesting the works shall sponsor and arrange the security clearance through the local pass office.

17 HSE notification using From F10 DIO requires a copy of the F10 for the construction stage for notifiable works.

18 SRP compliance DIO will provide support to ensure compliance with the SRP’s.

19 Skilled Person Certificate DIO can provide support as required.

20 Hazardous Waste Regulations compliance DIO requires written confirmation that the construction phase complies with the Hazardous Waste Regulations.

21 Comply with DIO USVF TECH 012, Form DIO USVF 140 and Form DIO USVF 141

DIO requires a completed copy of the Form DIO USVF 140 and Form DIO USVF 141 including associated certification, in compliance with DIO USVF Code TECH 012 procedures.

22 MoD Fire Certification using Form DIO

USF 15

DIO expects all works to comply with UK and USVF fire standards. All construction works are to be inspected by the MOD Fire Adviser prior to occupation.

24 Issue of H&S file and O&M documentation DIO expects a signed copy of the Form DIO USVF 141 Schedule of Documents.

25 BFMA / FMIS / Asset Register DIO will provide support to update the FMIS record. CE shall provide details of all assets installed or modified.

26 Management of Warranty items DIO can provide support to manage any issues that involve FSC Contractors and DIO AP’s.