225.74--DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

SUBPART 225.74--DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

(Revised March 27, 2007)

225.7401 Contracts requiring performance or delivery in a foreign country.
225.7402 Contractor personnel authorized to accompany
225.7402-1 Scope.
225.7402-2 Definitions.
225.7402-3 Government support.
225.7402-4 Contract clauses.
225.7403 Antiterrorism/force protection.
225.7403-1 General.
225.7403-2 Contract clause.

225.7401 Contracts requiring performance or delivery in a foreign country.

(a) If an acquisition requires performance of work in a foreign country by contractor personnel other than host country personnel, or delivery of items to a Unified Combatant Command designated operational area, follow the procedures at PGI 225.7401(a) (Pop-up Window or PGI Viewer Mode).

(b) For work performed in Germany, eligibility for logistics support or base privileges of contractor employees is governed by U.S.-German bilateral agreements. Follow the procedures in Army in Europe Regulation 715-9, available at http://www.per.hqusareur.army.mil/cpd/docper/GermanyDefault.aspx.

(c) For work performed in Japan or Korea, see PGI 225.7401 (c) (Pop-up Window or PGI Viewer Mode) for information on bilateral agreements and policy relating to contractor employees in Japan or Korea.

225.7402 Contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States.

225.7402-1 Scope.

This section applies to contracts that involve contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States in—

(a) Contingency operations;

(b) Humanitarian or peacekeeping operations;

(d) Military exercises designated by the combatant commander.

225.7402-2 Definitions.

“Combatant commander,” “other military operations,” and “theater of operations,” as used in this section, have the meaning given in the clause at 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States.

225.7402-3 Government support.

(a) Government support that may be authorized or required for contractor personnel performing in a theater of operations may include, but is not limited to, the types of support listed in PGI 225.7402-3(a) (Pop-up Window or PGI Viewer Mode).

(b) The agency shall provide logistical or security support only when the appropriate agency official, in accordance with agency guidance, determines in coordination with the combatant commander that—

(1) Government provision of such support is needed to ensure continuation of essential contractor services; and

(2) The contractor cannot obtain adequate support from other sources.

(1) Ensure that the contract contains valid terms, approved by the combatant commander, that specify the responsible party, if a party other than the combatant commander is responsible for providing protection to the contractor personnel performing in the theater of operations as specified in 225.7402-1;

(2) Specify in the terms of the contract, if medical or dental care is authorized beyond the standard specified in paragraph (c)(2)(i) of the clause at 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States;

(3) Provide direction to the contractor, if the contractor is required to reimburse the Government for medical treatment or transportation of contractor personnel to a selected civilian facility in accordance with paragraph (c)(2)(ii) of the clause at 252.225-7040; and

(4) Specify in the contract any other Government support to be provided, and whether this support is provided on a reimbursable basis, citing the authority for the reimbursement.

(d) Contractor personnel must have a letter of authorization (LOA) issued by a contracting officer in order to process through a deployment center or to travel to, from, or within the theater of operations. The LOA also will identify any additional authorizations, privileges, or Government support that the contractor personnel are entitled to under the contract. For a sample LOA, see PGI 225.7402-3 (d) (Pop-up Window or PGI Viewer Mode).

225.7402-4 Contract clauses.

(a) Use the clause at 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, in solicitations and contracts when contract performance requires that contractor personnel accompany U.S. Armed Forces deployed outside the United States in—

(1) Contingency operations;

(2) Humanitarian or peacekeeping operations;

(3) Other military operations; or

(4) Military exercises designated by the combatant commander.

See DoD Class Deviation 2007-O0004, Synchronized Predeployment and Operational Tracker, issued on March 19, 2007. This deviation is effective until incorporated into the DFARS or otherwise rescinded.

(b) For additional guidance on clauses to consider when using the clause at 252.225-7040, see PGI 225.7402-4 (b) (Pop-up Window or PGI Viewer Mode).

225.7403 Antiterrorism/force protection.

225.7403-1 General.

Information and guidance pertaining to DoD antiterrorism/force protection policy for contracts that require performance or travel outside the United States can be obtained from the offices listed in PGI 225.7403-1 (Pop-up Window or PGI Viewer Mode).

225.7403-2 Contract clause.

Use the clause at 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States, in solicitations and contracts that require performance or travel outside the United States, except for contracts with¾

(a) Foreign governments;

(b) Representatives of foreign governments; or