Attach_04_Logistic_Support_at_Germany.pdf

ATTACHMENT 4

LOGISTICS SUPPORT AT GERMANY

FA8218-14-D-XXXX

1. Logistical Support. The Government will provide logistics support to authorized contractor employees and their dependents to the extent that these services are available at the location where the contract is to be performed and as authorized by current applicable Air Force and European theater regulations, by current applicable international agreements and arrangements, by current policies, and the local installation commander. Lack of availability of any of these services shall not serve as a basis for claims by a contractor against the Government for increased cost of contract performance. The contractor shall prepare and process all requests for logistical support through the COR and the CO, if required. Department of Defense Dependents Schools (DoDDS) is available on a space-guaranteed, (contractor) tuition-paying basis only.

1.1. Authorized. An authorized contractor employee is defined as an employee who has been hired as a consequence of this contract and is employed at least 20 hours per week on this contract.

1.2. Abuse of Privileges. The contractor shall include a provision in his employment agreement with these employees to provide for disciplinary actions, or discharge for cause, of the employee for any abuse of privileges authorized to herein. 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.

This provision in no way will prohibit disciplinary action or legal prosecution by either the U.S.

government or the host country government. Services or privileges may be denied on an individual basis at the discretion of the Installation Commander.

1.2.1. The contractor shall assure that upon termination or transfer of any employee who is granted logistic support, actions is taken simultaneously with the termination of the employment to assure that said employee ceases to have access to the services grated under logistic support. Local policy directs the contractor to turn in CACs or other documents pertinent to or peculiar to the contract or privileges there under are turned over to the issuing office upon termination or transfer of any employee. The contractor shall require a written receipt of such return and shall immediately forward a copy to the COR.

2. Performance Requirements unique for the Federal Republic of Germany. DoD Contractor Personnel Office (DOCPER) implements the Agreements of 27 March 1998, and the Agreements of 29 June 2001, signed by the U.S. Embassy and German Foreign Ministry, establishing bilateral implementation of Articles 72 and 73 of the Supplementary Agreement (SA) to the NATO Status of Forces Agreement.

These 2 Articles govern the use in Germany of DoD contractor employees as Technical Experts (TE), Troop Care (TC) providers, and Analytical Support (AS) contractor personnel. Contracts that propose to employ TE, TC providers, or AS personnel in Germany, and the applications of individuals seeking TE/TC/AS status under those contracts, are submitted through DOCPER. Basic guidance on the TC/TE/AS process is provided in Army in Europe Regulation 715-9, "Contractor Personnel in Germany – Technical Expert, Troop Care and Analytical Support Personnel," 2 April 2003 (under Guidance), and also available in an expanded on-line form, the Army Europe (AE) Reg 715-9 On-line.” "AE Reg 715-9 On-line" uses hyperlinks to take you to the parts of the website where you can find necessary forms and more detailed guidance. See DOCPER’s Internet website:

http://www.eur.army.mil/g1/content/CPD/docper.html.

2.1. In order to request status, 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) application packages for any employee for which TESA is sought within 3 business days of the individual being hired.

2.2. The application cited in 2.1. shall be submitted by the contractor, by means of DOCPER Contractor Online Processing System (DCOPS) through the CO’s appointed representative to DOCPER. DOCPER’s contact information is available at the DOCPER Internet web site.

2.3. A 10-week temporary TESA may be granted by the U.S. Government for purposes of Military Exigency (ME). Military Exigency 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, to begin working in Germany prior to TESA accreditation.

2.4. Current Common Access Card (CAC) procedures:

2.4.1. DOCPER issues the DD Form 1172-2, Application for DoD Common Access Card.

2.4.2. The COR, as the Trusted Agent (TA), creates a Trusted Associate Sponsorship System (TASS) account for the contractor employee to enter and complete online personal information.

2.4.3. The employee takes a copy of the DD Form 1172-2 and proof of TASS entry into the database to the pass and identification issuing office to obtain CAC.

2.4.4. 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) employees. Such visits will not excuse the contractor from performance under this contract or results in increased costs to the Government.

2.4.5. The contract price shall not be subject to an economic adjustment with regard to TESA in the event that:

2.4.5.1. The contract or any or all positions identified in the contractor’s proposal are disapproved for TESA, or.

2.4.5.2. Any or all positions submitted for TESA consideration during the life of the contract are disapproved for TESA.

2.4.5.3. Any or all contractor employees are denied TESA.

2.4.5.4. TESA accreditation is rescinded during the life of the contract.

2.4.5.5. AE Regulation 600-700, Identification Cards and Individual Logistic Support defines a full time employees as “An employee who works 20 a hours or more a week in a paid http://www.eur.army.mil/g1/content/CPD/docper.html status.” A civilian employee must therefore work 20 hours or more per week in order to be eligible to receive Individual Logistic Support (ILS). DOCPER will apply the same standard to contracted employees applying for NATO Status of Forces Agreement (SOFA) status.

DOCPER will issue AR Form 600-77A – Request for Issue of Status of Forces Agreements (SOFA) Identification. It should be noted, however, that under the requirements of the Exchange of Notes a contracted employee accorded NATO SOFA status must exclusively serve the U.S. Forces. No additional employment outside the U.S. Forces or self-employment is permitted.