Attachment 5 - Special H Clauses.pdf

FA5682-25-Q-8003, Special H Clauses

H-1. REQUIRED INSURANCE (IAW FAR 28.306(b))

The contractor shall furnish the contracting officer, within ten (10) days after receipt of an executed contract and prior to commencement of contract performance, a duly executed Certificate of Insurance or statement in writing attesting to existence of insurance as noted below. The certificate or statement must provide for thirty (30) days written notice to the contracting officer, by the insurance company, prior to cancellation or material change in policy coverage. In addition to any other legally required insurance, the contractor must provide insurance for coverage in amounts specified below:

Reference FAR clause 52.228-5, entitled "Insurance - Work on a Government Installation", the contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract:

(a) Workmen's Compensation and Employers Liability Insurance as required by law. The required Workmen's

Compensation Insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

(b) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(c) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

H-2. SUPERVISION AND CONTROL

The Government shall not exercise any supervision or control over the contractor's employees performing services under this contract. Such employees shall be accountable not to the Government but solely to the contractor, who in turn is responsible to the Government.

H-3. CONDUCT OF CONTRACTOR PERSONNEL

If the Contracting Officer finds it to be in the best interest of the Government he may at any time during the performance of this contract order the contractor to remove any of his personnel from further performance under this contract for reasons of their moral character, unethical conduct, security reasons, and for violation of installation regulations. In the event that it becomes necessary to replace any contractor personnel for any of the above reasons, the contractor shall bear all costs associated with such removal, including the costs for the replacement of any personnel so removed. These costs will not be chargeable to the Government.

H-4. RIGHT OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL

The government reserves the right to perform or supplement performance of contract functions with government personnel at any time when it is deemed advantageous to the government, including periods of disaster, war, emergencies, police action, acts of God, labor strike, bankruptcy, default, or period of non-performance by the contractor's employees. The contractor agrees, under such circumstances, to permit the government to use any essential contractor-furnished property. In the event of a strike, the services will be performed exclusively by government personnel and not a mix of government and non-striking contractor employees. At the direction of the contracting officer, the contractor agrees to remove its non-striking work force from the performance site and not interfere in any way with government performance.

H-5. ACCIDENT REPORT PROCEDURES

In the event of an accident on Government property, or involving Government personnel or property, the contractor shall submit a report within 72 hours to the contracting officer in letter form that shall include the following: (1) the time and date of occurrence,

(2) the place of occurrence, (3) a list of personnel directly involved, (4) a narrative or description of the accident to include chronological order of the accident and circumstances.

H-6. COMPLIANCE WITH LOCAL, FEDERAL, AND HOST COUNTY LAWS AND REQUIREMENTS

This contract, the contractor and the contractor's employees are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any state (or other public authority now or hereafter in force) or foreign government. The contractor agrees to observe and comply with all applicable Federal requirements regarding Social Security, Worker's Compensation, Unemployment Insurance and any other matter concerning employment applicable to the performance of this contract or rules, regulations, directions and orders not inconsistent herewith as may from time to time be issued by the Government, and all applicable Host Country Laws. The unilateral act of any governmental body against any employee of the contractor for the violation of a Local or Federal law or regulation (to specifically include persons barred by any appropriate military commander or government authority) shall not excuse the contractor from full compliance with the terms and conditions of this contract.

H-7. TRANSITIONS OF CONTRACTORS

(a) If award is made to a new contractor, the incumbent contractor will cooperate to the extent required to permit an orderly changeover to the successful contractor. This will include providing access to files, databases, and technical assistance. With regards to the successor contractor's access to incumbent employees, a recruitment notice may be placed in each facility accessible to incumbent employees.

(b) The Government reserves the right to conduct site visits to all contractor-operated facilities under this contract in conjunction with the solicitation of offers for any follow-on contract.

H-8. NON-DISPLACEMENT OF QUALIFIED WORKERS

The Contractor shall not displace any qualified worker employed by the predecessor contractor or subcontractor, except for reasons of incompetence, insufficiency, or other just cause. For purposes of this clause, a "qualified worker" means an employee who:

1) Has been employed by the predecessor contractor or subcontractor for at least 3 months prior to the effective date of this contract;

2) Has performed work on the predecessor contract or a similar contract; and

3) Possesses the necessary skills, training, and experience to perform the work required under this contract.

The Contractor shall:

1) Offer employment to all qualified workers employed by the predecessor contractor or subcontractor, except for those who have been terminated for cause or have voluntarily terminated their employment;

2) Provide qualified workers with a written offer of employment, including the terms and conditions of employment, within 10 days of the effective date of this contract;

3) Ensure that qualified workers who accept employment with the Contractor are employed in positions for which they are qualified, and at a wage rate and with benefits not less than those they would have received had they remained employed by the predecessor contractor or subcontractor;

4) Provide qualified workers with any necessary training or certification to perform the work required under this contract;

5) Comply with all applicable laws and regulations regarding employment, including those related to labor relations, equal employment opportunity, and workers' compensation.

The Contractor shall submit to the Contracting Officer, within 60 days of the effective date of this contract, a report detailing the number of qualified workers employed by the predecessor contractor or subcontractor, the number of qualified workers offered employment, and the number of qualified workers who accepted employment with the Contractor.

The Contracting Officer may terminate this contract, in whole or in part, if the Contractor fails to comply with the requirements of this clause.

Definitions

For purposes of this clause:

• "Predecessor contractor" means the contractor or subcontractor that previously performed the work required under this contract.

• "Predecessor contract" means the contract or subcontract under which the predecessor contractor performed the work.

• "Qualified worker" means an employee who meets the criteria set forth in paragraph (a) of this clause.

Flowdown

The Contractor shall include this clause in all subcontracts and purchase orders issued under this contract and shall require all subcontractors and suppliers to comply with its terms and conditions.

H-9. CONTRACTOR PAYMENT FOR TEMPORARY DUTY TRAVEL

(a) All contractor travel shall be directed and approved by the supported agency and the Contracting Officer. A Government Letter of Identification (LOI) shall initiate all temporary duty travel (TDY). This LOI will be used for identification purposes granting contractor entry to military bases, access to base billeting facilities at all locations, and access to base exchange, commissary, postal services, and MWR facilities, and if necessary, medical facilities (on a cost-reimbursable basis) when travel to overseas locations. Exchange and commissary privileges will not apply to TDY to CONUS locations to include Alaska and Hawaii. Approved TDY will be reimbursed to the contractor in accordance with FAR Part 31 and current Federal Travel Regulations. Travel expenses (air fare, auto rental, per diem, billeting, and movement of assets) will be reimbursed under the contract. Miscellaneous travel in conjunction with daily work performed in and around the work site will not be reimbursed.

(b) As soon as the details of a travel requirement is known, the contractor shall prepare a Draft LOI and travel worksheet to the supported agency's COR detailing: traveler's name, social security number, home address, date of birth, passport number, security clearance, departure/arrival dates, duration of travel, itinerary (destinations), estimated cost and purpose of the trip. The estimated cost shall include the cost for refundable and nonrefundable air transportation tickets. The COR will forward the travel worksheet with supporting documentation and draft LOI with a recommendation for approval to the FD for review. If approved, the CO will prepare a

Letter of Identification.

(c) Air Transportation: Air transportation may be made by the contractors own Travel agency. Travel arrangements can be made prior to approval and publication of travel orders. All travel will be at "economy" rate (i.e. government category - coach) accommodations unless otherwise approved by the FD. The Government reserves the right to provide Government/Military transportation or commercially owned air transportation when it is advantageous to the Government.

(d) Auto Rental: Automobile rental will be approved on a case-by-case basis. Authorized rental must be justified and proposed by the contractor and approved by the supported agency in order for the Contractor to receive reimbursement. Contractor personnel will not be reimbursed for daily travel work from his facilities/domicile once assigned to a specific location. The LOI shall contain a statement that auto rental has been approved and a signature of the LOI's funding approval official.

(e) Per Diem: While a contractor employee is in a government authorized travel status, the contractor will be reimbursed a per diem allowance for subsistence and lodging in accordance with the FAR 31.205-46 Travel

Costs and Federal Travel Regulation. Per Diem payments shall be made after receipt of proper travel voucher and supporting documentation and shall not exceed allowable amounts.

(f) Billeting: For travel to military installations, the traveler or the supported agency will make billeting arrangements through the destination base's billeting office. In the event on-base billeting is not available, contractor personnel shall obtain a certificate of non-availability from the destination base's billeting office. This certificate must be filed with the travel voucher for per diem payment. If a non-availability statement is not submitted, the per diem rate for on base billeting will be used for payment. For travel to non-military destinations, support agency will be responsible for arranging and reserving suitable quarters. Under these travel conditions, the travel orders normally will detail the non-military destination and accommodations.

(g) Travel Protocol: When traveling on Government business, contractors shall travel at a maximum equivalent rank of General Schedule (GS) 12. This GS rank will be placed on all Letters of Identification to establish travel, billeting and per diem rates.

(h) Clearances: Travel and clearances will be obtained through the supported agency prior to individual travel. When required, the Government will request the local Social Security Office (SSO) to forward Sensitive Compartmented Information (SCI) clearances to the SSO of the destination. It is the traveler's responsibility to make this confirmation.

(i) Travel Confirmation: Contractor employees will not commence overseas travel without prior confirmation. It is the traveler's responsibility to make this confirmation.

(j) Travel Reimbursement: When the Government authorizes travel, travel receipts, including the printed air fare cost comparison, shall be supplied with the invoice and payment will be made on a cost reimbursable basis with the invoice payment.

H-10. NOTIFICATION OF GOVERNMENT SECURITY AND VISITOR GROUP SECURITY AGREEMENT (IAW

AFFARS 5352.204-9000)

This contract contains a DD Form 254, DOD Contract Security Classification Specification, and requires performance at a government location in the U.S. or overseas. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall take the following actions:

(a) At least thirty days prior to beginning operations, notify the security police activity shown in the distribution block of the DD Form 254 as to:

(1) The name, address, and telephone number of this contract company's representative and designated alternate in the U.S. or overseas area, as appropriate;

(2) The contract number and military contracting command;

(3) The highest classification category of defense information to which contractor employees will have access;

(4) The Air Force installations in the U.S. (in overseas areas, identify only the APO number(s)) where the contract work will be performed;

(5) The date contractor operations will begin on base in the U.S. or in the overseas area;

(6) The estimated completion date of operations on base in the U.S. or in the overseas area; and

(7) Any changes to information previously provided under this clause. This requirement is in addition to visit request procedures contained in DOD 5220.22M, National Industrial Security Program Operating Manual.

(b) Prior to beginning operations involving classified information on an installation identified on the DD Form 254 where the contractor is not required to have a facility security clearance, the contractor shall enter into a Visitor Group Security Agreement (or understanding) with the installation commander to ensure that the contractor's security procedures are properly integrated with those of the installation. As a minimum, the agreement shall identify the security actions that will be performed:

ATTACHMENT 5

(1) By the installation for the contractor, such as providing storage and classified reproduction facilities, guard services, security forms, security inspections under DOD 5220.22M, classified mail services, security badges, visitor control, and investigating security incidents; and

(2) Jointly by the contractor and the installation, such as packaging and addressing classified transmittals, security checks, internal security controls, and implementing emergency procedures to protect classified material.

H-11. UNAUTHORIZED WORK

The contractor shall not accomplish work outside the scope of this contract at the Government facility, nor shall he utilize in other work, any supplies or materials acquired under this contract.

H-12. CONFLICT OF INTEREST

Federal Acquisition Regulation, Subpart 9.5, Organizational Conflicts of Interest, is applicable to this acquisition.

(a) The contractor shall not act as a prime contractor, subcontractor, or consultant to provide any hardware/software of the system or major components or systems for which the contractor has provided systems engineering and technical direction.

(b) The contractor shall not act as a prime contractor, subcontractor, or consultant to furnish any item or items for which the contractor prepared and/or furnished complete specifications covering non-developmental items to be used in competitive procurement. This prohibition and the prohibition in paragraph (a) above shall remain in effect until five years after expiration of this contract.

(c) The contractor shall not sue proprietary data or classified Government information coming into its possession in connection with work under this contract, for purposes other than those for which it has been furnished unless specifically authorized by the organization providing such proprietary data or Government information.

(d) In the event the work required to be performed under this contract requires access to proprietary data of other companies, the contractor shall obtain agreements from such other companies for such use unless such data is provided or made available to the contractor by the Government. These agreements shall prescribe the scope of authorized use of disclosure, and other terms and conditions to be agreed upon between the parties thereto. The contractor agrees that any such data, whether obtained by the contractor pursuant to the aforesaid agreement or from the Government shall be protected from unauthorized use or disclosure to any individual, corporation, or organization as long as it remains proprietary.

(e) The contractor agrees to hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use of disclosure of third-party data or software by the contractor, its employees, subcontractors, or agents.

(f) The contractor shall include the substance of this provision in all subcontracts for this program. The Contracting Officer will consider case-by-case subcontract exceptions for individual task orders in the event that

(1) the prime contractor considers the application of the prohibitions set forth in paragraph (a) or (b) of this provision to be in appropriate and unnecessary in the case of a particular subcontractor expected to perform a limited, well-defined, and non-conflicting role on a particular task order effort; (2) the subcontractor provides a written statement affirming absolute unwillingness to perform absent some relief from the substance of said paragraphs; (3) use of an alternate subcontract source would unreasonably detract from the quality of efforts; and (4) the prime contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances. The Contracting Officer's decision on this issue is final and subject to the

"Disputes" clause of the contract.

(g) The contractor shall make employees aware of the philosophy of FAR 9.5 to the extent that they refrain from divulging either the proprietary data of other companies or data that is obtained from the Government, or data submittals (including any portion thereof), to anyone except as authorized. The contractor shall obtain from each employee engaged to any effort connected with this contract an agreement, in writing, which shall provide that such employee shall not, during his or her employment by the contractor, or thereafter, disclose to others or use for his or her own benefit of any individual, data submittals (or any portion thereof), trade secrets, confidential information, or proprietary/restricted data (to include documents classified "For Official Use Only") received in connection with the work under this contract.

H-13. TECHNICAL DIRECTION

The Contracting Officer (CO) shall be the only individual authorized to redirect the efforts or in any manner amend any of the terms/conditions of this contract. Such redirection or amendment of contract terms/conditions shall be accomplished by issuance of Change Order(s) or Supplemental Agreement(s) to this contract signed by the CO. In any event, if the contractor believes technical direction given involves a change in contractual requirements, he/she shall notify the CO in writing.

H-14. ACCESS TO MILITARY INSTALLATIONS

Access to a military installation is a privilege, not a right, and as such, for reasons of health, welfare, morale, security, and mission accomplishment, the Installation Commander has the unilateral right to deny or provide access to the installation and to all facilities listed in the PWS and appendices.

H-15. CONTRACTOR PERSONNEL ACCREDITATION PROCEDURES IN THE REPUBLIC OF ITALY

References:

a. NATO SOFA: Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces, signed at London on 19 June 1951 and ratified in Italy as Law No. 1335 of 30 November 1955.

b. Shell Agreement: Memorandum of Understanding Between the Ministry of Defense of the Republic of Italy and the Department of Defense of the United States of America Concerning Use of Installations/Infrastructure by the U.S. Forces in Italy, 2 February 1995.

c. Tri-Service Directive on Personal Property, Rationed Goods, Motor Vehicles and Drivers’ Licenses, Civilian Component and Technical Representative Status (COMUSNAVEUR INST. No. 5840.2E;

USAREUR REGULATION No. 550-32; USAFE INSTRUCTION No. 36-101), 20 February 2004.

Background. The Shell Agreement provides that persons closely affiliated with the U.S. Forces and under their authority, but not employed by them, may be designated as Civilian Personnel. A Civilian Personnel employee is exempt from the payment of Italian income tax, is eligible for individual logistic support (ILS), and is required to be in possession of a “missione” visa placed in a tourist passport prior to entry into Italy.

Italian citizens and persons ordinarily resident in Italy cannot be accredited as Civilian Personnel.

Responsibilities.

a. United States Sending State Office for Italy (USSSO): The U.S. European Command (EUCOM) office, at American Embassy, Rome, is responsible for implementing the accreditation of Civilian Personnel in accordance with the above listed references.

b. DoD Contractor Personnel Office (DOCPER): The office designated by EUCOM to process on behalf of the USSSO applications for accreditation as Civilian Personnel.

c. Servicing Staff Judge Advocate: The Staff Judge Advocate (SJA) office designated to carry out necessary legal functions in connection with the process of accreditation of Civilian Personnel. Each military component command may designate one or more such offices. (See Appendix E).

Definitions:

a. Civilian component: The term “civilian component,” as defined in references 2a-c., is hereby incorporated by reference into this guidance.

b. Civilian personnel: The term “civilian personnel,” as defined in reference 2.b and 2.c., includes the “civilian component” plus persons who are closely affiliated with the United States Forces and under their authority, but not employed directly by them, on the condition that the presence of such persons in Italy is recognized by both governments as necessary in connection with the functioning of the installations. Such persons, for example, include: essential personnel of the USO, credit unions, schools/universities (other than Department of Defense Dependent Schools (DoDDS) and the Red Cross; and Technical Representatives). (NOTE: In this guidance, the term “Civilian Personnel” refers to members of the civilian personnel less the civilian component. This guidance does not cover the civilian component).

c. Technical Representatives: TRs, as defined in Section II of reference 2.c., is hereby incorporated by reference into this guidance. In particular, TRs are Civilian Personnel who are employees of firms having special relations with the United States Armed Forces, when such persons come to Italy for other than temporary visits. TRs are persons who have a high degree of skill or knowledge in the systematic procedures by which a complex or scientific task is accomplished, as distinguished from routine mental or physical processes. The skills and knowledge must have been acquired through higher education or through a long period of specialized training and experience. Examples of positions that have been accredited as TRs include warranty repair technicians for repair of complex equipment;

key executive and supervisor positions in government-owned, contractor-operated facilities that perform major maintenance on U.S. government-owned vehicles; and computer software engineers.

Examples of positions that have been denied TR status include administrative personnel; automobile sales representatives; carpenters; masons; painters; plumbers; sales representatives for china, jewelry, clothes, computers, encyclopedias, and similar items; and secretaries and typists.

d. Temporary visit: A stay in Italy of less than 90 days duration.

e. Ordinarily resident:

(1) The term ordinarily resident, as defined in reference 2.c, is hereby incorporated by reference into this guidance.

(2) Individuals who are ordinarily resident will not be accredited as Civilian Personnel.

(3) Individuals applying for continuation or renewal of Civilian Personnel accreditation may have their application revoked or renewal denied if they are deemed ordinarily resident under the criteria in reference 2.c.

(4) In accordance with paragraph 3.d. of reference 2.c., persons who depart Italy after becoming ordinarily resident with the intent to establish permanent residence elsewhere, may be considered for Civilian Personnel accreditation only if the facts and circumstances clearly demonstrate that they departed Italy with the intent to establish permanent residence outside of Italy.

f. Individual Logistic Support (ILS): ILS privileges may include access to tax-free and duty-free shopping at base exchanges and/or commissaries, military postal and banking services, privately-owned vehicle registration and eligibility for purchase of tax-free gasoline, tobacco and spirits, dependent schools and other installation morale, welfare, and recreation programs. Only individuals who are accredited as Civilian Personnel are eligible for ILS for themselves and their family members. Whether an accredited TR receives ILS depends upon a number of circumstances such as the terms of the contract, consideration for services provided, and applicable service component regulations and policies. Lack of availability of any ILS service shall not serve as a basis for a claim against the U.S. Government. Component ILS policies are beyond the scope of this guidance except to the extent that no ILS shall be provided to individuals who are not accredited as Civilian Personnel. In addition to ILS, individuals who are accredited as Civilian Personnel are exempt from host-nation income tax, and are permitted duty-free importation of personal property and motor vehicles.

g. Contracting Officer’s Representative (COR): For accreditation of TRs, the COR, or contracting officer’s representative, serves as the liaison between the contracting officer, the contractor, the command, installation or activity where the work is being performed, and any other office or entity on matters pertaining to TRs performing work under the terms of the contract.

h. Proponent Office: The DoD agency, command, directorate, or office in Italy that is using or requires the services of the DoD contractor, or the office closely affiliated with the U.S. Forces that seeks to employ Civilian Personnel.

Technical Representatives: Solicitations and Contracts.

a. Solicitations: Consistent with individual component contracting procedures, solicitations shall:

(1) Identify contract work that the U.S. Government intends to be performed by TRs, identify the positions that would conduct that TR work, and specify that any contractor employees sent by the contractor to Italy for other than a temporary visit and who has not received TR accreditation and a missione visa, will not be accredited as a TR.

(2) Identify applicable regulations and policies concerning ILS and state what ILS privileges, if any, will be provided to accredited TRs. If the availability of ILS is unknown, the solicitation shall so state.

b. Contracts to be used in Italy shall, to the extent possible:

(1) Identify positions for which TR accreditation will be requested.

(2) Define whether ILS will be provided to contractor employees who are accredited as TRs.

(3) Identify any applicable service component regulations and policies limiting ILS.

(4) State that no equitable adjustment will be made for unavailability of ILS to any non-TR positions or personnel.

(5) Contain a clause (see example at Appendix D) requiring the DoD contractor to ensure that positions intended to be filled by TRs need to be identified as soon as possible following award, and prior to the contract’s first use in Italy, in accordance with this guidance. The contract also shall specify that any employee sent by the contractor to Italy for other than a temporary visit who has not received TR accreditation and a missione visa, will not be accredited as a TR.

c. A service component or individual base commander may notify USSSO or DOCPER at any time regarding the extent of ILS to be granted to TRs under any specific contract or located on specific installations.

Technical Representatives: Accreditation for Contractor Employees in Italy.

a. General: There are two categories of employees of DoD contractor employees in Italy: (1) those who are accredited as TRs and, (2) those who are employed under locally prevailing conditions of employment and are not considered TRs.

(1) Technical Representatives: TRs require a missione visa and sojourn permit (permesso di soggiorno, or soggiorno). They are exempt from Italian income taxation, labor legislation and social contributions. TRs are eligible for ILS, as described in 5.f. above. The following persons may not acquire TR status: a person who is an Italian national, a person ordinarily resident in the Republic of Italy, a national of any state (country) not party to the North Atlantic Treaty, or a stateless person.

(2) Non-Technical Representatives: Persons determined not to meet the criteria of TRs as defined above require Italian working visas. In addition, they are employed under local prevailing conditions of employment and are subject to Italian income taxation, labor legislation, and social contributions; and they are not eligible for individual and family ILS.

b. Applicability: Accreditations for TR are required for contractor employees on any new contract that proposes the use of TRs in Italy. Accreditations for TR are also required for addition of new TRs on existing contracts.

(1) New Contracts: A new contract is any contract, newly-awarded or existing, that has not yet been used in Italy. Follow-on or successor contracts, even if awarded to the same company with the same statement of work (SOW) and job descriptions (JDs), are new contracts.

(2) Existing Contracts: Contracts for which TRs currently are approved. TRs may be added when a TR contractor employee terminates, or in the case of changed contractual requirements. In general, only the Application for Accreditation as a Technical Representative in Italy is required.

(a) Extensions: Contract documents that extend the length of a contract must be submitted before the expiration of the existing period of performance in order to renew TR status for the accredited contractor employee.

(b) Modifications: Contract documents that materially amend the terms of a contract must be submitted. These modifications usually consist of one or more of the following:

(i) Change in SOW; and

(ii) Change in type or number of TR positions;

c. Determinations: Contracts that propose performance by a TR require two determinations before contractor employees can be accredited TR status in Italy:

(1) Whether the positions to be utilized in contract performance meet the definition of TR positions, and,

(2) Whether the persons proposed to fill the positions can be accredited as TRs, including determination of whether such persons are ordinarily resident in Italy.

d. Process:

(1) To obtain TR accreditation, the Contracting Officer or the COR shall submit to DOCPER the required contract information and individual requests for accreditation as a TR for each contractor employee for whom the proponent office seeks such status. This submission must occur prior to performance of any contract that proposes to use TRs in Italy.

(2) Information Required for Accreditation of Technical Representatives

(a) Contract Registration: For each contract that proposes to use TRs in Italy, the Contracting Officer or the COR shall submit to DOCPER a completed Contract/Delivery Order Registration Form (Appendix A), supported by relevant pages from the contract (as identified in Appendix A). Among other items, the Contract Registration Form requires the following information:

(i) Contract Number;

(ii) Name of contractor;

(iii) Date of contract award;

(iv) Contract expiration date;

(v) Expiration date of current period of performance;

(vi) Proponent office in Italy (name, address, POC, etc.);

(vii) COR (name, address, etc.);

(viii) Summary of work to be performed by the contractor, and job descriptions for positions requiring the use of TRs;

(ix) The provisions in the contract that provide for ILS; and

(x) Total number of employees in each job description to be employed.

(b) Application for Accreditation as a Technical Representative in Italy: For each employee proposed as a TR, the Contracting Officer or the COR shall provide to DOCPER a completed Application for Accreditation as a Technical Representative in Italy (Appendix B), and include the following information:

(i) Identification of employee by full name, date of birth, place of birth, and social security number; identification of spouse and nationality, and date of birth and relationship of all dependents.

(ii) Information for each contractor employee necessary to verify nationality and ordinarily resident status. In particular, the contractor employee should provide legible photocopies of the inside cover of the tourist passport and front page with the photograph, and any pages containing Italian Visa Stamp(s), including the missione visa. Provide legible copies of any previous soggiornos or applications for a soggiorno, if applicable;

(iii) Information identifying the contract, the position under the contract for which the TR accreditation is sought, and the anticipated location and start date of employment;

(iv) Resume of contractor employee. (The resume should show dates and locations for each position held for previous 10 years);

(v) Signature of contractor employee attesting to the truth of the information provided, and acknowledging that abuse of NATO SOFA privileges may result in loss of TR accreditation and its attendant privileges, and that the U.S. Government retains the right to withdraw privileges as a result of contractor employee abuse at no additional cost to the U.S.

Government.

(3) DOCPER will process Contract Registration and Application for Accreditation as a Technical Representative in Italy forms and provide its recommendations to USSSO within 10 working days of receipt of all required information.

(4) Approvals and Denials.

a. Initial accreditations: USSSO will evaluate each request for accreditation, and as appropriate, issue an individual letter of accreditation for each contractor employee to be accredited as a TR under the Shell Agreement, or issue a letter of denial for each contractor employee ineligible for TR accreditation. USSSO and DOCPER will maintain copies of submissions and letters of accreditation and letters of denial issued.

(i) Individual letters of accreditation and corresponding DD 1172-2 forms will be issued for the length of the current period of performance for each contractor employee determined eligible for TR accreditation.

(ii) ILS: ILS will be authorized for TRs if the contract provides for ILS. If the contract does not provide for ILS, or service component regulations and policies preclude granting of ILS, the accreditation documents will provide for TR accreditation without ILS.

(iii) USSSO shall issue individual letters of denial for those deemed not to qualify for accreditation as TRs. Denial letters will indicate whether the denial is based on the position (as defined by the SOW and JD), the individual’s qualifications, or that the individual is ordinarily resident in Italy.

(iv) USSSO shall transmit accreditation and denial letters to the Contracting Officer or COR, who shall transmit the determinations to the DoD contractor.

b. Renewal accreditations: DOCPER will evaluate renewal requests for accreditation and verify the contract period of performance for each contractor employee for whom renewal of TR accreditation is requested.

(i) DOCPER will issue individual letters of renewal of accreditation, if appropriate. Individual letters of renewal of accreditation and corresponding DD 1172-2 forms will be issued for the length of the current period of performance for each contractor employee determined eligible for renewal of TR accreditation.

(ii) USSSO shall issue individual letters of denial for those deemed not to qualify for renewal accreditation as TRs.

(iii) Accreditation and denial letters shall be transmitted to the Contracting Officer or COR, who shall transmit the determinations to the DoD contractor.

(5) Upon receipt of the letter of accreditation or denial, the Contracting Officer or COR will notify the contractor regarding the disposition of TR status for each contractor employee for whom TR accreditation has been requested.

Accreditation for Civilian Personnel other than TRs

a. General: Those individuals who are accredited as Civilian Personnel require missione visas and sojourn permits. They are exempt from Italian income taxation, labor legislation and social contributions.

Civilian Personnel are eligible for ILS, as described in 5.f. above. Any individual who is an Italian national, or a person ordinarily resident in the Republic of Italy, or a national of any state (country) not party to the North Atlantic Treaty, or a stateless person may not acquire accreditation as a member of the Civilian Personnel.

b. Process:

(1) To obtain accreditation, the proponent agency shall submit to DOCPER the Application for Accreditation as a Member Of the Civilian Personnel in Italy (Appendix C) for each individual for whom the proponent office seeks such status.

(2) List of Essential Personnel: Proponent offices for the USO, credit unions, schools/universities (other than DoDDs) and the Red Cross will propose to USSSO Rome through DOCPER a listing of job descriptions and salary scales of positions deemed by the proponent agency to qualify as “essential personnel.” The proponent agency will describe why each position is essential, and the number and locations of the personnel to be assigned to such positions in Italy The USSSO will determine which positions are essential in light of references 2.b. and 2.c. and respond with a final approved list of essential personnel to the proponent agency. Employees in positions that are not approved as “essential personnel” cannot be accredited as Civilian Personnel, or continue their current status, if currently holding accreditation as Civilian Personnel.

(3) Information Required for Accreditation: The proponent office will submit to DOCPER a completed Application for Accreditation as a Member Of the Civilian Personnel in Italy for each individual proposed for Civilian Personnel status, and include the following information:

(i) Identification of employee by full name, date of birth, place of birth, and social security number; identification of spouse and nationality, and date of birth and relationship of all dependents;

(ii) Information for each employee necessary to verify nationality and ordinarily resident status. In particular, the contractor employee should provide photocopies of the inside cover of the tourist passport and front page with the photograph, and any pages containing Italian Visa Stamp(s).

Provide copies of any previous soggiornos or applications for a soggiorno, if applicable;

(iii) Information identifying the organization, and the position in the organization that the individual will fill. For the USO, credit unions, schools and the Red Cross, the position must be on the USSSO-approved listing of “essential personnel”;

(iv) Resume of the employee. (The resume should show dates and locations for each position held for previous 10 years);

(v) Signature of the employee attesting to the truth of the information provided, and acknowledging that abuse of NATO SOFA privileges may result in loss of status and its attendant privileges, and that the U.S. Government retains the right to withdraw privileges as a result of employee abuse at no additional cost to the U.S. Government.

(4) Application for Accreditation as a Member Of the Civilian Personnel in Italy: DOCPER will process applications and provide its recommendations to USSSO within 10 working days of receipt of all required information.

(5) Approvals and Denials.

(i) Initial accreditations: USSSO will evaluate each request for accreditation, and as appropriate, issue an individual letter of accreditation for each individual to be accredited as a member of the Civilian Personnel under the

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Shell Agreement, or issue a letter of denial for each employee ineligible for accreditation. USSSO and DOCPER will maintain copies of submissions and letters of accreditation and letters of denial issued.

(ii) Individual letters of accreditation and corresponding DD 1172-2 forms will be issued for up to three years.

(iii) USSSO shall issue individual letters of denial for those deemed not to qualify for status.

(iv) USSSO shall transmit accreditation and denial letters to the proponent office, who shall transmit such determinations to the applicant.

(v) Renewal accreditations: DOCPER will evaluate renewal requests for accreditation. DOCPER will issue individual letters of renewal of accreditation, if appropriate. Individual letters of renewal of accreditation and corresponding DD 1172-2 forms will be issued for up to three years for each employee determined eligible for renewal of accreditation.

(vi) USSSO shall issue individual letters of denial for those deemed not to qualify for renewal accreditation.

(vii) Accreditation and denial letters shall be transmitted to the proponent agency, who shall transmit the determinations to the applicant.

Civilian Personnel: Compliance with Italian requirements:

a. All Civilian Personnel for whom accreditation is granted will apply for and obtain a missione visa prior to arrival in Italy. This visa can be obtained from the Italian Consulate authorized to issue the missione visa for the jurisdiction in which the individual resides. Under the Shell Agreement, individuals cannot obtain the status of Civilian Personnel if such personnel will be in Italy for less than 90 days. Any employee arriving in Italy without the missione visa is not a member of the Civilian Personnel and may not commence work without a proper work visa.

(1) By direction of the Italian Ministry of Foreign Affairs, no Italian Consulate may issue the missione visa to a Civilian Personnel employee without presentation to Consulate authorities of a letter of accreditation issued by USSSO. A Civilian Personnel employee who improperly obtains the missione visa will be denied accreditation.

(2) Within eight (8) days of arrival in Italy, Civilian Personnel employees will report to the servicing SJA and present (i) a copy of the letter of accreditation; and, (ii) the original passport containing the missione visa issued by an Italian consulate. If in order, the individual must then apply through the appropriate installation office for ai soggiorno from the local Questura.

b. ID Cards:

(1) The employee shall take the soggiorno (or a copy of the application letter for the soggiorno), passport, letter of accreditation as a member of the Civilian Personnel , and accompanying form DD 1172-2 to the ID card facility to receive the United States DoD/Uniformed Services Identification and Privilege Card [also known as the Common Access Card (CAC)].

(2) All ID card facilities for all components shall be instructed to issue no ID cards granting status unless the Civilian Personnel employee presents both a valid accreditation letter and an accompanying DD 1172-2 signed by the servicing SJA, its designee, or by DOCPER. For TRs, the DD 1172-2 will be issued only for the length of the current period of performance in the contract and must be the same as the period of performance specified in the Letter of Accreditation. For other Civilian Personnel, the DD 1172-2 will be issued for up to three years.

i. Initial accreditation letters: Valid only if signed by USSSO.

ii. Renewal accreditation letters: Valid only if signed by USSSO or DOCPER.

c. Reconsideration Process: If the proponent office disagrees with the determination of USSSO to deny accreditation, the proponent office may request that the USSSO reconsider its decision.

(1) In coordination with the Servicing SJA, the proponent office will prepare an appeal letter setting forth the basis for its disagreement with the decision. The letter must be signed by an O-6 or above, or civilian equivalent and provided to USSSO within 30 days of the date of the decision under appeal.

(2) USSSO may consult with the servicing SJA or the proponent office prior to reaching its decision.

(3) The reconsideration decision of USSSO is final.

d. Termination of Civilian Personnel Status:

(1) For TRs, the COR and the contractor program manager will ensure that contractor employees follow installation procedures for returning identification cards, soggiorno, access passes, or other documents granting privileges upon termination or transfer out of Italy of any contractor employee who is accredited as a TR. In cases where a TR loses his or her TR accreditation, the COR will notify the contractor that the contractor employee is no longer accredited as a TR. As the missione visa only is intended for those contractor employees with TR accreditation, the contractor employee is responsible for obtaining documents that allow that employee to remain lawfully in Italy.

(2) For other Civilian Personnel, the proponent office or the sponsoring agency will ensure that Civilian Personnel under their sponsorship follow installation procedures for returning identification cards, soggiornos, access passes, or other documents granting privileges upon termination or transfer out of Italy. An individual losing his or her accreditation is responsible for obtaining any documents needed to remain lawfully in Italy

Comprehensive Review of Civilian Personnel.

a. DOCPER will conduct a Comprehensive Review (CR) of current Civilian Personnel to re-assess the status of all individuals currently accredited as Civilian Personnel. Under the CR, proponent offices/CORs will require all Civilian Personnel to submit the individual employee information required in 7.d. and 8.b. above. Failure to submit the required contract and individual information will result in termination of Civilian Personnel accreditation.

b. Purpose: The CR will establish the baseline database of Civilian Personnel in Italy.

c. Schedule: The CR will commence within 3 months of the promulgation date of this guidance.

(1) TRs: Both Contract/Delivery Order Registration Form (Appendix A) and Application for Accreditation as a Technical Representative in Italy (Appendix B) must be submitted for all contacts and TRs that have not already been registered and accredited by USSSO or DOCPER.

(a) Contract Registration: All information for each such contract currently using TRs shall be submitted for review no later than 4 months after the promulgation date of this guidance.

(b) Application for TRs: Application for Accreditation as a Technical Representative in Italy (Appendix B) shall be submitted between month 4 and month 5 after the promulgation date of this guidance. The timing of the submission will allow all Contract Registration information to be reflected in the Application for Accreditation as a Technical Representative in Italy posted on the DOCPER web site.

(2) Civilian Personnel other than TRs: If they have not already done so, proponent offices for the USO, credit unions, and the Red Cross will propose to USSSO Rome through DOCPER a listing of job descriptions and salary scales of positions deemed by the proponent agency to qualify as “essential personnel.” The proponent agency will describe why each position is essential. The USSSO will determine which positions are essential in light of references 2.b. and 2.c. and respond with a final approved list of essential personnel to the proponent agency. Employees in positions that are not approved as “essential personnel” cannot be accredited as Civilian Personnel, or continue their current status, if currently holding accreditation as Civilian Personnel.

(a) Listing of essential personnel: The listing of essential personnel must be submitted no later than 4 months after the promulgation date of this guidance.

(b) Civilian Personnel other than TR: Employees of federal agencies other than DoD who wish to be deemed as Civilian Personnel and essential personnel of the organizations listed in (2) above, shall submit the Application for Accreditation as a Member Of the Civilian Personnel in Italy between month 4…