SUBPART 225.74—DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

SUBPART 225.74--DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

(Revised June 6, 2005)

225.7401 General
225.7402 Contractor personnel supporting a force deployed outside the United States
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 General.

(a) If an acquisition requires performance of work in a foreign country by U.S. personnel or a third country contractor, 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/default.htm.

(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 supporting a force deployed outside the United States.

225.7402-1 Scope.

This section applies to contracts requiring contractor personnel to deploy with or otherwise provide support in the theater of operations to U.S. military forces deployed outside the United States in—

(a) Contingency operations;

(b) Humanitarian or peacekeeping operations; or

225.7402-2 Definitions.

“Combatant commander” and “theater of operations,” as used in this section, have the meaning given in the clause at 252.225-7040, Contractor Personnel Supporting a Force 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 contracting officer shall—

(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 Supporting a Force 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 the exact support to be authorized or required if the Government authorizes or requires contractor personnel to use any other Government-provided support.

(c) 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(c).(Pop-up Window or PGI Viewer Mode)

225.7402-4 Contract clauses.

(a) Use the clause at 252.225-7040, Contractor Personnel Supporting a Force Deployed Outside the United States, in solicitations and contracts when contract performance requires that contractor personnel be available to deploy with or otherwise provide support in the theater of operations to U.S. military forces deployed outside the United States in—

(1) Contingency operations;

(2) Humanitarian or peacekeeping operations; or

(3) Other military operations or exercises designated by the combatant commander.

(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