5352.242-9000.pdf

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass.

(1) For construction projects send the written request to either 86 CES/SABER (Ramstein projects) or 52 CES/SABER (Spangdahlem projects).

(2) For services contracts, send the written request to the Contracting Officer Representative for your contract as designated in writing by the Contracting Officer.

SPECIFIC ACCESS REQUIREMENTS FOR CONTRACTS PERFORMED IN GERMANY

A. US CITIZENS:

1. US Citizens employed under contract with Technical Expert, Troop Care, Analytical Support, or Military Exigency status, are vetted for performance and base access through DOCPER. Go to the DOCPER Internet site at http://www.per.hqusareur.army.mil/cpd/docper for information not covered below, i.e., AE Reg 715-9 FAQs (Frequently Asked Questions), Informative presentations, and a wealth of other status-related info.

(a) In accordance with the Exchange of Notes (dated 27 Mar 98) implementing the Provisions of Articles 72 and 73 of the German Supplementary Agreement (SA) to the North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA), non-German citizens of a NATO member country who perform services on US Government contracts shall not start work in Germany without meeting one of the following criteria:

(1) Technical Expert Status accreditation (TESA)

(2) Troop Care Status accreditation (TCSA)

(3) Analytical Support Status accreditation (ASSA)

(4) Military Exigency (ME) via TESA or ASSA

(5) TESA/ASSA TDY

(6) Exemption from German work permit ("fax back")

(7) German work permit or compliance with European Union member nation exchange laws and regulations

(8) Certificates of limited tax liability and a German work permit

(b) In order to request status under paragraph (a)(1) through (a)(5) above, the contractor shall submit all subcontractor agreements which will be used for the Government's Contract Notification package to DoD Contractor Personnel Office (DOCPER). The contractor shall submit Technical Expert Status Accreditation (TESA)/Troop Care Status Accreditation (TCSA)/Analytical Support Status Accreditation

(ASSA) application packages for any employees for which TESA/TCSA/ASSA is sought within three business days of the individual being hired.

(c) The applications cited in paragraph (b) above shall be submitted by the contractor, by means of the DOCPER Contractor Online Processing System (DCOPS) through the contracting officer's appointed representative to DOCPER. DOCPER's contact information is available at the DOCPER Internet site http://www.per.hqusareur.army.mil/cpd/docper/GermanyDefault.aspx

(d) A 10-week temporary TESA or ASSA may be granted by the US Government for purposes of Military Exigency (ME). ME is granted for time sensitive, mission critical positions for the purpose of permitting individual contract employees, who upon initial review of the application appear to meet the requirements of TESA or ASSA, to begin working in Germany prior to TESA/ASSA accreditation.

(e) Current Common Access Card (CAC) procedures:

(1) DOCPER issues the DD 1172-2.

(2) The Contracting Officer’s Representative at the unit level (QAP/COR), as the Trusted Agent (TA), creates a Contractor Verification System (CVS) account for the contractor employee to enter and complete online personal information.

(3) The employee takes a copy of the DD 1172-2 and proof of CVS entry into the database to the pass and identification issuing office to obtain CAC.

(f) In addition to the contract clause AFFARS clause 5352.242-9001, CACs for Contractor Personnel, local policy directs the contractor to turn in CACs to the issuing office and provide written/signed documentation, by the Program Manager or equivalent, of the office and date CACs were returned for any actions defined in paragraphs (d) and (e). Contract clauses are located at http://farsite.hill.af.mil/VFFARa.HTM.

(g) The contractor shall allow German government authorities to visit the contractor's work areas for the purpose of verifying the status of positions and personnel as Technical Expert (TE)/Troop Care (TC)/Analytical Support (AS) employees. Such visits will not excuse the contractor from performance under this contract or result in increased costs to the Government.

(h) The contract price shall not be subject to an economic adjustment with regard to TESA/TCSA/ASSA in the event that

(1) the contract and any or all positions identified in the contractor's proposal are disapproved for TESA/TCSA/ASSA; or

(2) any or all positions submitted for TESA/TCSA/ASSA consideration during the life of the contract are disapproved for TESA/TCSA/ASSA; or

(3) any or all contractor employees are denied TESA/TCSA/ASSA; or

(4) TESA/TCSA/ASSA accreditation is rescinded during the life of the contract.

(i) If the contractor's employees will be performing in the Federal Republic of Germany under the conditions identified in paragraphs (a)(6) through (a)(8) of this clause, DOCPER is not involved in the process.

B. RESIDENT OF EUROPEAN UNION OR NATO-MEMBER (i.e., Contractor and Contractor Employee):

TEMPORARY BASE ACCESS OR CONTRACTS LESS THEN 90 DAYS IN DURATION:

Temporary pass issued if:

1. Contract period is less than 90 days

2. A favorable rating on the screening is not available for contract employee. Note: Once a favorable rating is received, the employee returns for issuance of a new pass for the total contract period requested in the original paperwork.

3. Required Documents:

i. 17 Page questionnaire or 604-1B) must be filled out entirely for it to be of any use to us (addresses, phone numbers, zip codes etc)

ii. Original and copy of Passports or Personal Ausweiss

iii. Original and copy of PGCC (Police Good Conduct Certificate)

BASE ACCESS FOR CONTRACTS WITH A PERFORMANCE PERIOD OF MORE THAN 90 DAYS:

Mandatory Installation access procedures apply when contractors require access under this contract at least three (3) times per week for a period of at least 90 days.

1. Procedures to receive an Installation Pass (IP) are as follows:

a. USAFE Form 79:

i. The 577 card holder in the unit receiving services, will be responsible for completing the USAFE Form 79 and insuring the pass applicant has all of the required documents to obtain an IP.

b. Proof of Identificaction - Valid Identification Documentation:

i. Police Good Conduct Report (PGCC) obtained at the local court house – provide original plus one copy

ii. Ausweis (German ID or National ID) – provide original plus one copy

c. Additional Mandatory Requirements:

i. If local national employees reside outside of Germany or are subcontractors under a prime contractor, written verification of contract data may be needed. Information is available from individuals issuing letter cited in paragraph 1(b).

ii. Work permit if individual is a citizen is from a country other than where contract performance will occur

iii. 17 page questionnaire for back ground investigation unless investigation was accomplished within the last five years.

END OF ACCESS PROCEDURES IN GERMANY

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management] citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)