SOFA.pdf

The information provided in this section is strictly a summary of the applicable SOFAs and country-specific requirements and should not be construed as all-inclusive. It is the contractor's responsibility to review, understand and comply with all SOFA and country-specific requirements applicable to this contract.

SOFA status defines the benefits received by the contractor and/or the contractor’s dependents.

These benefits include, but are not limited to, commissary, postal, military banking privileges, on-base education and access to United States military medical facilities. The SOFA status usually defines the prosecution for criminal offenses in the USG OCONUS court system and laws as opposed to the Host Nation judicial system and laws but that will vary by location.

The Government may, at the discretion of the Base Commander, provide contractor employees and authorized dependents logistics support as mentioned in the previous paragraph. This only applies to foreign countries that have a SOFA.

The NATO SOFA is the governing document with respect to the status of forces in NATO countries.

The NATO SOFA is silent to many issues, such as how and when SOFA status is granted to contractors. Issues like this are addressed in various bilateral agreements that the United States has with other countries, and the requisite requirements differ from country to country.

1.1.1. BASE PRIVILEGES - BAHRAIN AND CONTRACTOR LICENSING IAW

BAHRAIN LAW:

Contractor shall be aware of the requirements for foreign companies wishing to do business in

Bahrain must be registered and licensed carry out any commercial activity IAW with Bahrain

Commercial Companies Law No. (21) of 2001. All contractor employees shall possess a valid working visa. The Government will not sponsor contractors. Working visas shall be the responsibility of the employee or sponsored by the Contractor.

Without additional expense to the Government, the contractor shall be responsible for obtaining any necessary insurance, licenses, and permits and for complying with any applicable laws, codes, and regulations required by the host-nation in connection with the performance of the work set forth in this contract. The Government will not be responsible for activities of the contractor or contractor employees outside the scope of this contract. The Government has no obligation to support the dependents of contractor employees, including, but not limited to, providing command sponsorship within the host-nation.

1.1.1.1. DOD CONTRACTOR Insurance (Bahrain)

No mandatory requirements for insurance exist

1.1.2. DOD CONTRACTOR PERSONNEL OFFICE (DOCPER) COMPLIANCE (NAPLES)

The contractor shall comply with the procedures associated with the Department of Defense Office of Civilian Personnel guidelines for employing DoD contractor employees as Technical

Representatives (TRs) in Italy. The Web site for obtaining the documentation that governs the

Technical Representative Accreditation Procedures in Italy, of DoD contractor employees as TRs, is identified below. The Government will also use the Contractor Verification System (CVS) to validate the contractor's need and application information for a CAC. The Government will reimburse the contractor for all costs associated with the DOCPER process.

http://www.per.hqusareur.army.mil/CPD/DocPer/Italy/ItalyDefault.aspx

1.1.2.1. DOD CONTRACTOR Insurance (Italy)

No mandatory requirements for insurance exist

1.1.3. DOD CONTRACTOR SOFA Status (Japan)

Article XIV gives SOFA status to a company, not to the individual employees, as is the case under SOFA Article I(b). Under Article XIV, only the actual employees receive SOFA benefits.

There are no benefits for the employees’ dependents. Article XIV is limited to United States companies present in Japan solely to work for the United States Forces, Japan (USFJ). Article

XIV requires a two to three year application process.

U.S. citizen contractors not ordinarily resident in Japan and present in Japan at the official invitation of the USG for the performance of a contract for the United States armed forces may be given SOFA Article I(b) status. The number of employees does not affect whether Article I(b) or

Article XIV status is appropriate.

1.1.3.1. DOD CONTRACTOR Insurance (Japan)

Determining and meeting these requirements are the responsibility of the contractor, at no additional expense to the Government.

1.1.4. DOD CONTRACTOR SOFA Status (Singapore)

There is no SOFA and the existing classified agreement does not confer USG legal protections to contractors. Contractors would be at the mercy of the extremely strict and autocratic laws and justice system of Singapore. The specific benefits or protections conferred on contractors and areas where benefits and protections are received by United States military and civilian personnel but denied to contractors.

Without additional expense to the Government, the Contractor shall be responsible for complying with Singapore’s Employment of Foreign Workers Act, Chapter 91A which places significant duties and responsibilities on any contractor operating in Singapore. Any seat management contract involving Singapore requires the contractor to have a familiarity and comply with the relevant provisions of the statute, found in the Schedules of the statute. The term “Schedule” appears to be synonymous with United States statutory term “Section”. These duties and responsibilities include providing “upkeep and maintenance”, medical exams, “full costs of repatriation” and “acceptable accommodation” to all employees.

1.1.5. DOD CONTRACTOR SOFA Status (Republic of Korea)

The SOFA with the Republic of Korea contains Articles I(b), XIV and XV dealing with the status of contractors. Articles I(b) and XIV are virtually identical to the terms of the SOFA with Japan.

However, the majority of contractors work under Article XV, which provides the status of

“Invited Contractors”. Invited contractors are entitled to the full range of SOFA benefits including importing and exporting material and equipment duty free, personal benefits for employees and personal benefits for the employees’ dependants if the sponsoring military command agrees to supply these benefits.

http://www.per.hqusareur.army.mil/CPD/DocPer/Italy/ItalyDefault.aspx

1.1.5.1. DOD CONTRACTOR Insurance (Korea)

Determining and meeting these requirements are the responsibility of the contractor, at no additional expense to the government.

1.1.6. DOD CONTRACTOR SOFA Status (Spain)

The 1989 Agreement on Defense Cooperation (ADC), and local laws, supplement the NATO

SOFA.

Under Annex 6, Article 1.1 of the ADC, contractors are authorized to work in Spain with prior approval from the Permanent Committee. Military authorities of the United States may propose to the Permanent Committee the designation of persons who are nationals of or ordinarily resident in the United States, whose presence in Spain is considered necessary solely for the purpose of executing a contract with the United States for the benefit of the U.S. forces or U.S. and Spanish armed forces in the exercise of the functions authorized. Persons designated by the Permanent

Committee shall be accorded during their temporary stay in Spain the same treatment as members of the civilian component.

1.1.6.1. DOD CONTRACTOR Insurance (Spain)

All contractor companies are required to have insurance under Annex 6 of the ADC. The requirement mandates a level of coverage between 6,000 and 900,000 Euros, depending on specific circumstances. This is required before the contracting company can obtain country clearance(s) for their employees, regardless of whether their employees will be designated contractor employees, “tech reps”, or employees of non-Spanish and non-commercial organizations. Therefore, insurance under Annex 6 will be required for a contractor to enter

Spain.

The Government of the United States shall require that insurance contracts be affected to cover civil liabilities that may be incurred in Spanish territory. These civil liabilities include acts or omissions done in the performance of duty by employees of contractors and subcontractors of the U.S. forces.

Before the start of work by the contractor or subcontractor, the military authorities of the

United States shall transmit to the Permanent Committee a document issued by the insurance company. This document must certify insurance coverage of the civil liabilities, in an amount considered sufficient by the Permanent Committee for this class of contract.

1.1.7. DOD CONTRACTOR SOFA Status (Greece)

The 1990 MDCA between the Government of the United States and the Government of the

Hellenic Republic, and local laws supplement the NATO SOFA addresses the extending of SOFA benefits to contractors.

Article 2, Section 3 of the Annex of the MDCA extends SOFA status to contractors. Article 2 defines the term “civilian component” as including non-Greek persons employed by U.S.

contractors directly serving the United States forces in Greece. This entitlement grants contractors SOFA status under Article 2 of the Agreement. Upon official announcement to the

Greek authorities, they will be issued special identification cards granting them SOFA status.

These cards are then signed by the competent Greek authorities.

1.1.7.1. DOD CONTRACTOR Insurance (Greece)

There are no known requirements for Contractors serving the United States Armed Forces in

Greece.