RFP_Attachment_19_H-901_SOFA_Germany.pdf

H-901- SOFA GERMANY

a. LOGISTICAL SUPPORT

(1) IAW Articles 72/73 of the Supplemental Agreement to the NATO Status of Forces

Agreement (SOFA), U.S. contractors performing U.S. Government service contracts in the Federal Republic of Germany (German) must obtain approval from the German authorities prior to performance in Germany of any contract positions with non-German citizens of a North Atlantic Treaty Organization (NATO) country.

(2) The contracting officer or contractor representative shall submit contract notification and status accreditation packages to the COR for which TESA/ASSA accreditation is sought. Depending on contract type, approval from the German authorities may take up to 18 weeks.

(3) For contractors having a place of performance within the Federal Republic of Germany, contractor logistical support will be provided to contractor and subcontractor employees in Europe in accordance with the North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA). Individual logistics support (ILS) will be provided to contractor employees who have qualified for, and received technical expert status accreditation (TESA) or analytical support status accreditation (ASSA) by the DoD Contractor Personnel Office (DOCPER) and the German State Land Authority in accordance with Articles 72/73 of the Supplemental Agreement to the NATO Status of Forced Agreement in Germany. The U.S.

Government (USAFE, other agencies) will provide logistical support to eligible contractor employees, their spouses and family members in accordance with USAFE and other Federal authorizing regulations. The extent of privileges and logistics support provided in foreign areas is set by the local commander, guidance in AFI 20- 103, Logistic Support of United States Nongovernmental, Nonmilitary Agencies and Individuals in Overseas Military Commands, and applicable Status of Forces Agreements (SOFAs). Logistic support includes:

Commissary (includes rationed items) AAFES Facilities (Military Exchange) (includes rationed items) Armed Forces Recreation Facilities Class VI (alcoholic beverages, includes rationed items) Customs Exemption Legal Assistance Government (non tactical) transportation for official contract Local Morale/Welfare Recreation Services Military Banking Facilities Credit Union Facilities Military Postal Service Officer or enlisted clubs POV (privately owned vehicle) Registration for USAREUR/USEUCOM/SHAPE Purchase of POL (petroleum and oil products) Transient Billets (on a space available basis) Dining facilities while on TDY or deployed DOD Education Activity (DODEA) Schools (on a space available, tuition-paying basis) Pet Registration and Control NATO Status of Forces Agreement Stamp Adult education services on a space available basis Military treatment facilities (on a space available, fully reimbursable basis)

(4) The contractor is responsible to ensure all logistical support (e.g. ID cards, ration cards, POV tags and registration, POV and Government-Owned Vehicle (GOV) operator's licenses, security badges, etc.) are returned to the QAP/COR prior to termination from the contract.

(5) The contractor is responsible to provide 693 ISR GP/LGK with a termination memo within seven duty days of departure of a contract employee. This includes documents for family members.

(6) The contractor shall comply with, and be bound by, USAREUR Regulations concerning misconduct by any contractor employee or family member receiving logistical support.

(7) The contractor shall be responsible for cooperating with the appropriate military and civilian authority in the investigation of and resolution of any allegations of misconduct on the part of contractor personnel or his/her family members.

(8) The contractor is responsible for submitting TESA/ASSA employee applications through the COR for review prior to submission to DOCPER for approval. Note: The requirement for contractor personnel to secure and maintain Secret, Top Secret and/or Compartmented security clearances does not guarantee DOCPER/GE granting of TESA/ASSA in accordance with Article 72/73 of the US/GE SOFA.

b. TEMPORARY DUTY IN SUPPORT OF CONTRACT

(1) Contract personnel performing temporary duties or site visits within Germany require an approved 'Faxback' prior to arrival. An approved Faxback frees the contractor from paying German income taxes but does not authorize logistical support (meaning BX, commissary, tax free gas, etc. are not authorized). Contractors should contact the local COR for Faxback submissions and process information.

(2) TDY documents (LOIs) may not authorize commissary/BX privileges for visiting contractors.

c. EMERGENCY ESSENTIAL / MISSION ESSENTIAL PERSONNEL

(1) Contractor personnel are considered emergency essential/mission essential.

Contractor personnel shall provide the full range of services specified in this contract in support of Department of Defense mobilizations, crisis and wartime missions.

These services are considered emergency/mission essential because the military cannot immediately perform the services and not having the services immediately available would impact the effective operations of sensitive military systems or would adversely impact the mission of deployed forces.

(2) The government will establish administrative controls to ensure that all information on essential contractor employees overseas is handled as sensitive data and released only to authorized personnel.

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