Questions and Answers for Synopsis to International Program Coordinator PFP Consortium of Defense Academies and Security Studies Institutes

Questions and Answers for Synopsis to International Program Coordinator PFP Consortium of Defense Academies and Security Studies Institutes (continued)

2) How do contractors at the Marshall Center (a) work the TESA issue and (b) do they pay German taxes?

(a) None of the Marshall Center contractors are covered under TESA status and we do not expect such coverage to apply to this contract.

The Prime Contractor, in accordance with clause CCE 225-4000 of the RFQ that will be posted, has the responsibility to ensure compliance with all applicable German laws during the performance of the contract, including German labor, immigration, and taxation laws. The clause CCE 225-4000 is provided below.

CCE 225-4000 AUTHORIZATION TO PERFORM SERVICES IN GERMANY (March 2005)

Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor also shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

Contractor employees who:

(a) are not nationals of Germany or other European Union countries, and

(b) are not members of the force, the civilian component or their dependents, and

(c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

By acceptance of and performance under this contract and any task orders or delivery orders issued hereunder, the Contractor affirms that is has complied with the requirements above.

Compliance with this clause and German law is a material contract requirement. Noncompliance by the Contractor or Subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract, task order, delivery order for default.

(b) The potential contractors are expected to do their own research on the German law that deals with whether or not German taxes have to paid.

3) Draft Statement of Work Section 3.1.a. states, “The FY09 budget for the above activities is approximately $300K”. Is that what the GCMC is going to be allotting for the actual facilities and other materials to host these activities, or is the $300K what the Government has budgeted for the contractor support for these activities?

The $300K is from the operational PfPC budget, used to pay for Partner travel/lodging/meals, conference facilities, interpretation, and other expenses necessary to setting up meetings. The figure, together with the list of this year’s events, is intended to give an idea of the scope of work involved. It represents the amount of money PfPC will spend to execute the Education Devolopment Working Group’s portion of its annual program. It is unrelated to the contract, except insofar as the contractor would be organizing events that spend that money.