Attach_05_Germany.pdf

ATTACHMENT 5

LOGISTICS SUPPORT AT GERMANY

FA8218-15-D-XXXX

Insert Date

1. Logistics Support:

a. The following listed services may be made available to the contractor’s U.S. citizen employees classified as technical experts under the NATO Status of Forces Agreement employed as a consequence of this contract. This logistics support will apply for the duration of their employment provided they are employed full-time under this contract (full-time meaning a minimum of 40 hours per week). The logistics support offered the contractor is dependent on the length of the assignment of the contractor’s personnel. Short term employees are those considered to be employed for 1-3 months, long-term employees are those considered to be employed for longer than 3 months. The Integrated Logistics Support (ILS) packages described below may be available for long-term employees:

b. ILS Packages. Packages A, B, and C represent the three different Individual Logistical Support (ILS) authorizations that a member of the U.S. civilian component may be authorized. For almost all contractors, Package A, which contains the full ILS entitlement, is the standard (with the notable exception of DoDD schools). Package A includes twenty-three items or privileges (see list below, including any accompanying notes in parentheses) to include Commissary and Military Exchange (AAFES) privileges. This package also includes medical/dental services on a reimbursable basis. However, some restrictions apply for certain items, such as access to government lodging and access to DoD dependent schools. Package B includes Package A items with the exception of Commissary and AAFES privileges. Package C provides for many of the basic services excluding Commissary and AAFES, and its privileges extend to technical experts whose contracts are without reference to specific financial considerations. [NOTE: Accreditation letters from DOCPER often use the following abbreviations: MC= medical care in civilian facilities; MS= medical care in uniformed Service facilities; C= commissary privileges; MWR= MWR privileges; E= exchange privileges.] In accordance with DFARS 225-870, these items of logistic support listed below may be included in contracts awarded by DOD components. USAREUR may be contractually bound to provide such support, provided that (i) the contract exclusively serves a U.S. Forces mission; (ii) contractor personnel meet eligibility criteria outlined in this DAC; and (iii) the contract contains specific financial or other consideration which the U.S. Government will receive in return for providing individual logistic support.

(1) Commissary (includes rationed items)

(2) AAFES Facilities (Military Exchange) (includes rationed items)

(3) Armed Forces Recreation Facilities

(4) Class VI (alcoholic beverages, includes rationed items)

(5) Customs Exemptions

(6) Legal Assistance

(7) Local government transportation for official government business (non-tactical vehicle)

(8) Local Moral/Welfare Recreation Services

(9) Military Banking Facilities

(10) Military Postal Service

(11) Mortuary Service

(12) Officer or NCO/EM Clubs

(13) POV (privately-owned vehicle)

(14) POV registration for USAREUR

(15) Purchase of POL (petroleum and oil products)

(16) Transient Billets (NOTE: Transient billets may be authorized on a space-available basis after all other eligible personnel have been billeted.)

(17) Messing facilities at remote sites only (reimbursable)

(18) Army Continuing Education Services

(19) Credit Union Facilities

(20) Dependent Schools, on a space-available, tuition-paying basis (NOTE: Dependent

Schools are not authorized on a space-available basis for contractor personnel).

(21) Medical/Dental Services on a reimbursable basis; dental care, available only for emergency conditions, on a reimbursable basis.

(22) Pet/Firearms Registration and Control.

(23) NATO Status of Forces Agreement Stamp.

Note: New contracts which include office space logistical support require prior written approval of the Commander-in-Chief, USAREUR (ATTN: AEAN-IF).

c. To receive logistics support from USAREUR, contractor personnel who will be working in Germany must:

(1) Be technical experts who wil serve the U.S. Force exclusively, and must perform either in an advisory capacity in technical matters, or for the setting up, operation or maintenance of equipment;

(2) Not be a stateless person;

(3) Be nationals of a NATO state, excluding Germany;

(4) Not be ordinarily resident in Germany;

(5) Complete a Certificate of Employee Technical Expert Status.

Note: “Ordinarily Resident” refers to a person who: (1) has resided in Germany for 1 year or more without status as a member of the “Force” or “Civilian Component” (as defined in the NATO Status of Forces Agreement) or 2) has obtained a work permit of any duration in the host country.

d. For the purposes of applying Article 73 of the NATO SOFA Supplementary Agreement, “technical expert” refers to a person with a high degree of skill and knowledge in the systematic procedure by which a complex or scientific task is accomplished, as distinguished from routine mental, manual, or physical processes. The skills and knowledge must have been acquired through a process of higher education or through a long period of specialized experience. Skills normally classified as “blue collar” are generally not included. Thus, skilled workers, craftsmen and tradesmen such as electricians, plumbers, painters, masons, and carpenters are generally not included. Similarly, not all “white collar” skills are included.

e. The contractor is advised that all authorized services listed in the above paragraphs a.(1) through a.(23) are subject to authorization by applicable Government regulations, by applicable intergovernmental agreements, current policies, and the base commander. The availability of services and facilities may be limited by the base commander.

f. Authorized dependents are defined as follows:

(1) A lawful spouse residing with the U.S. citizen employee in the country of assignment and/or;

(2) Unmarried, legitimate children (including lawfully adopted children or stepchildren) residing with the U.S. citizen employee within the U.S. citizen employee’s country of assignment who either has not passed his/her 21 st birthday or is incapable of self-support because of mental or physical capacity that existed before that birthday and is dependent on the prospective employee for over one-half of his/her support.

g. Abuse of Privileges. The contractor will include a provision in his employment agreement with his employees to provide for disciplinary action or discharge for cause of the employee, for any abuse of privileges authorized herein. The U.S. Government retains the right to withdraw privileges which may occur as a result of the contractor employee’s abuse and 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.

h. The contractor will assure that upon termination or transfer of any employee who, by virtue of employment under this contract, is granted the services identified above, action is taken simultaneously with termination of employment to assure that said employee ceases to have access to the above services. To this end the contractor will assure that identification passes or other documents pertinent to and/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 Contracting Officer. Any ID cards issued as a result of this contract shall be valid for a one-year period and will be valid only for the country of assignment of the employee.