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   <concept id="DFARS_PGI_225.370"
            outputclass="3"
            ditaarch:DITAArchVersion="1.2"
            class="- topic/topic concept/concept ">
      <title class="- topic/title ">
         <ph props="autonumber" class="- topic/ph ">PGI 225.370</ph> Contracts requiring performance or delivery in a foreign country.</title>
      <conbody class="- topic/body  concept/conbody ">
         <p id="BeFrhF" outputclass="List1" class="- topic/p ">(a) If the acquisition
requires the performance of services or delivery of supplies in
an area outside the United States, the contracting officer shall—</p>
         <p id="lsNost" outputclass="List3" class="- topic/p ">(i) Ensure that the solicitation
and contract include any applicable host country and designated
operational area performance considerations. Failure to provide
such information—</p>
         <p id="zhqvfI" outputclass="List4" class="- topic/p ">(A) May result in a contract
that does not reflect the respective support relationships between
the contractor and the Government, ultimately affecting the ability
of the contractor to fulfill the contract terms and conditions;</p>
         <p id="KMcCRS" outputclass="List4" class="- topic/p ">(B) May result in unplanned
support burdens being placed on the Government in a theater of operations;</p>
         <p id="wxkRJz" outputclass="List4" class="- topic/p ">(C) May result in contractor
personnel conflicting with theater operations or performing in violation
of a theater commander’s directives or host country laws; or</p>
         <p id="JCKhSO" outputclass="List4" class="- topic/p ">(D) May cause contractor
personnel to be wrongly subjected to host country laws;</p>
         <p id="wdyGDo" outputclass="List3" class="- topic/p ">(ii) Comply with any theater business clearance and contract administration delegation requirements set forth in the memorandum (<xref href="https://www.acq.osd.mil/dpap/policy/policyvault/USA004346-12-DPAP.pdf"
                  format="pdf"
                  scope="external"
                  class="- topic/xref ">https://www.acq.osd.mil/dpap/policy/policyvault/USA004346-12-DPAP.pdf</xref>) entitled Theater Business Clearance/Contract Administration Delegation Update—Integration of TBC with the Joint Contingency Contracting System Platform, which must be consistent with the combat support agency’s established functions and responsibilities, and set forth by the geographic combatant commander during declared contingency operations for all solicitations and contracts that relate to the delivery of supplies and services to the designated area(s) of operation.
The memorandum is available at https://www.acq.osd.mil/dpap/policy/policyvault/USA004346-12-DPAP.pdf
         </p>
         <p id="GUtskq" outputclass="List4" class="- topic/p ">(A) Theater business clearance
ensures—</p>
         <p id="VLyLcO" outputclass="List6" class="- topic/p ">(<i class="+ topic/ph hi-d/i ">1</i>) Contracted effort
to be accomplished in designated area(s) of operations, along with
any associated contractor personnel, is visible to the combatant
commander;</p>
         <p id="PsuEAH" outputclass="List6" class="- topic/p ">(<i class="+ topic/ph hi-d/i ">2</i>) Contracted effort
is in consonance with in-country commanders’ plans;</p>
         <p id="pEHGnq" outputclass="List6" class="- topic/p ">(<i class="+ topic/ph hi-d/i ">3</i>) Solicitations
and contracts contain appropriate terms and conditions;</p>
         <p id="YDcWkX" outputclass="List6" class="- topic/p ">(<i class="+ topic/ph hi-d/i ">4</i>) Contracted effort
will be properly overseen in designated area(s) of operation;</p>
         <p id="BGGfgh" outputclass="List6" class="- topic/p ">(<i class="+ topic/ph hi-d/i ">5</i>) Any Government-furnished
support requirements associated with contractor personnel are properly addressed
in the contract terms and conditions.</p>
         <p id="WkEXzi" outputclass="List4" class="- topic/p ">(B) Contract administration
delegation—</p>
         <p id="Knotox" outputclass="List6" class="- topic/p ">(<i class="+ topic/ph hi-d/i ">1</i>) Allows the combatant
commander to exercise control over the assignment of contract administration (which
must be consistent with the combat support agency’s established
functions and responsibilities) for that portion of contracted effort
that relates to performance in, or delivery to, designated area(s)
of operation.</p>
         <p id="RhVUxa" outputclass="List6" class="- topic/p ">(<i class="+ topic/ph hi-d/i ">2</i>) Allows the combatant
commander to exercise oversight to ensure the contractor’s compliance
with combatant commander and subordinate task force commander policies,
directives, and terms and conditions;</p>
         <p id="FLVUlY" outputclass="List3" class="- topic/p ">(iii) Refer to the website
at
               <xref href="https://www.acq.osd.mil/asda/dpc/cp/cc/index.html"
                  format="html"
                  scope="external"
                  class="- topic/xref ">https://www.acq.osd.mil/asda/dpc/cp/cc/index.html</xref>
            ,
which contains required procedures and applicable guidance and information;</p>
         <p id="GwSgxL" outputclass="List3" class="- topic/p ">(iv) Follow specific guidance
for the combatant command in whose area the contractor will be performing
services or delivering supplies. This guidance is contained on the
respective combatant commander’s operational contract support webpage,
which is linked to the procedures at
               <xref href="https://www.acq.osd.mil/asda/dpc/cp/cc/aor.html"
                  format="html"
                  scope="external"
                  class="- topic/xref ">https://www.acq.osd.mil/asda/dpc/cp/cc/aor.html</xref>
           ,
at the web-link for the combatant command for the area in which the
contractor will be performing services or delivering items. These
pages list prevailing regulations, policies, requirements, host
nation laws, orders/fragmentary orders, combatant commander’s directives,
unique clauses, and other considerations necessary for soliciting
and awarding a contract for performance in, or delivery of items
to, that combatant commander’s area of responsibility;</p>
         <p id="TZoPue" outputclass="List3" class="- topic/p ">(v) To determine the appropriate
point(s) of contact for contracting matters within the combatant
commander’s area of responsibility, contact the overseas contracting
office by accessing the link for the combatant command in whose area
of responsibility the contractor will be performing services or
delivering items. From the combatant command website, link to the
contracting office supporting the combatant command to identify
the appropriate point of contact; and</p>
         <p id="zlMoid" outputclass="List3" class="- topic/p ">(vi) Use the following checklist
as a guide to document consideration of each listed issue, as applicable,
and retain a copy of the completed checklist in the contract file.</p>
         <p id="HCOtBg" class="- topic/p ">CHECKLIST</p>
         <p id="oxZuMH" class="- topic/p ">The contracting officer shall verify that the requiring
activity has considered the following when building its requirements package,
as applicable:</p>
         <p id="srIJvR" class="- topic/p ">____ (1) Whether the contemplated acquisition will
duplicate or otherwise conflict with existing work being performed
or items already provided in the area, and whether economies of
scope/schedule can be leveraged if there are already existing contracts
in place for similar work or items.</p>
         <p id="RUjaFA" class="- topic/p ">____ (2) The availability of technically qualified
and properly trained Government civilian and/or military personnel
to oversee the performance of the contract in the combatant commander’s
area of responsibility (e.g., contracting officer’s representatives,
quality assurance representatives, and property administrators).</p>
         <p id="happqS" class="- topic/p ">____ (3) The applicability of any international
agreements to the acquisition. (Some agreements may be classified
and must be handled appropriately.)</p>
         <p id="hmJZHD" class="- topic/p ">____ (4) Compliance with area-specific, anti-terrorism
security guidance set forth by the command anti-terrorism officer,
to include soliciting anti-terrorism officer guidance on the particular
requirement and the location of delivery and/or execution of services,
and incorporating recommended security measures into the requirements
package.</p>
         <p id="oMGaEK" class="- topic/p ">____ (5) Whether there are any requirements for
use of foreign currencies, including applicability of U.S. holdings
of excess foreign currencies.</p>
         <p id="UPCxNP" class="- topic/p ">____ (6) Information on taxes and duties from which
the Government may be exempt.</p>
         <p id="GXPgwt" class="- topic/p ">____ (7) If the acquisition requires performance
of work in the foreign country, whether there are standards of conduct
for the prospective contractor and, if so, the consequences for
violation of such standards of conduct.</p>
         <p id="qMlfRq" class="- topic/p ">____ (8) The availability of logistical and other
Government-furnished support and equipment for contractor personnel.
This includes, but is not limited to: berthing and messing; intra-theater
transportation; medical support; morale, welfare, and recreation
support; postal support; force protection support; organizational
clothing and personal protective gear (e.g., body armor and gas
masks.)</p>
         <p id="ceOore" class="- topic/p ">____ (9) If the contractor will employ foreign
workers, whether a waiver of the Defense Base Act will be required
(see FAR 28.305).</p>
         <p id="hkccSP" class="- topic/p ">____ (10) Whether contractor personnel will need
authorization to carry weapons for the performance of the contract.</p>
         <p id="UqxAEo" class="- topic/p ">____ (11) If the contract will include the clause
at DFARS <xref href="252.225-7040.dita#DFARS_252.225-7040"
                  base="DFARS-252.225-7040"
                  outputclass="fm:ParaNumOnly"
                  class="- topic/xref ">252.225-7040</xref>,
Contractor Personnel Supporting U.S. Armed Forces Deployed Outside
the United States, the Government official authorized to receive
DD Form 93, Record of Emergency Data Card, to enable the contracting
officer to provide that information to the contractor, as required
by paragraph (g) of the clause.</p>
         <p id="vNRRvL" class="- topic/p ">____ (12) Ascertain the existence of and detail
any Geographic Combatant Commander’s (GCC’s)/Subordinate Joint Force Commander
Combating Trafficking in Persons Directives or Notices applying
to Combating Trafficking in Persons (as required by FAR 22.1705
for contracts performed outside the United States) that would require
the contracting officer to use Alternate I of the clause at FAR
52.222-50 detailing these requirements. This information can be
ascertained from review of content on the cognizant Geographic Combatant
Command Operational Contract Support webpage referred to in (a)(iv)
of this PGI section.</p>
         <p id="OZYCtm" class="- topic/p ">____ (13) Other requirements associated with contractor
personnel to include deployment -related training, accountability (registration
in Synchronized Pre-deployment and Operational Tracker), medical
and dental qualifications, theater entrance and country clearance
requirements.</p>
         <p id="HXvMbk" class="- topic/p ">____ (14) Any other requirements of the website
for the country in which the contract will be performed or the designated operational
area to which deliveries will be made.</p>
         <p id="zzKmwG" class="- topic/p ">The contracting officer shall provide the following
information to the applicable overseas contracting office (see PGI <xref href="#DFARS_PGI_225.370"
                  base="DFARS-PGI_PGI_225.370"
                  outputclass="fm:ParaNumOnly"
                  class="- topic/xref ">225.370</xref> (a)(v)):</p>
         <p id="WPZuwZ" class="- topic/p ">____ (1) The solicitation number, the estimated
dollar value of the acquisition, and a brief description of the
work to be performed or the items to be delivered.</p>
         <p id="PVhZyg" class="- topic/p ">____ (2) Notice of contract award, including contract
number, dollar value, and a brief description of the work to be
performed or the items to be delivered.</p>
         <p id="HUumBn" class="- topic/p ">____ (3) Any additional information requested by
the applicable contracting office to ensure full compliance with
policies, procedures, and objectives of the applicable country or
designated operational area.</p>
         <p id="ziTXxI" outputclass="List1" class="- topic/p ">(c) For work performed in
Japan or Korea, U.S.-Japan or U.S.-Korea bilateral agreements govern
the status of contractors and employees, criminal jurisdiction,
and taxation. U.S. Forces Japan (USFJ) and U.S. Forces Korea (USFK)
are sub-unified commands of Pacific Command (PACOM). The PACOM Staff
Judge Advocate contact information is available at http://www.pacom.mil/web/Site_Pages/Staff%20Directory/J0/J0.shtml
or by clicking on Staff Directory/Special Staff on the PACOM website.
Links to USFJ and USFK websites can be found at the PACOM website
at http://www.pacom.mil by clicking on “Regional Resources - Links”.</p>
         <p id="AHxWZZ" outputclass="List3" class="- topic/p ">(i) For work performed in
Japan—</p>
         <p id="QKOZKC" outputclass="List4" class="- topic/p ">(A) U.S.-Japan bilateral
agreements govern the status of contractors and employees, criminal
jurisdiction, and taxation;</p>
         <p id="sLoYmt" outputclass="List4" class="- topic/p ">(B) USFJ and component policy,
as well as U.S.-Japan bilateral agreements, govern logistic support
and base privileges of contractor employees;</p>
         <p id="mYRxxx" outputclass="List4" class="- topic/p ">(C) The Commander, USFJ,
is primarily responsible for interpreting the Status of Forces Agreement
(SOFA) and local laws applicable to U.S. Forces in Japan and for
requirements in support of USFJ; and</p>
         <p id="ZAwKoV" outputclass="List4" class="- topic/p ">(D)(1) To ensure that the
solicitation and resultant contract reflect an accurate description
of available logistics support and application of the U.S.-Japan
SOFA, review the information on Contract Performance in Japan at
the USFJ website, http://www.usfj.mil; or</p>
         <p id="vYprOC" outputclass="List6" class="- topic/p ">(2) Contact the Staff Judge
Advocate at (commercial) 011-81-3117-55-7717, or DSN 315-225-7717.</p>
         <p id="JQAgRF" outputclass="List3" class="- topic/p ">(ii) For work performed in
Korea—</p>
         <p id="SSizNv" outputclass="List4" class="- topic/p ">(A) U.S.-Korea bilateral
agreements govern the status of contractors and employees, criminal
jurisdiction, and taxation;</p>
         <p id="swdFCp" outputclass="List4" class="- topic/p ">(B) USFK and component policy,
as well as U.S.-Korea bilateral agreements, govern logistics support
and base privileges of contractor employees;</p>
         <p id="UVXFSO" outputclass="List4" class="- topic/p ">(C) The Commander, USFK,
is primarily responsible for interpreting the SOFA and local laws
applicable to U.S. Forces in Korea and for requirements in support
of USFK; and</p>
         <p id="eIPAOt" outputclass="List4" class="- topic/p ">(D) To ensure that the solicitation
and resultant contract reflect an accurate description of available
logistics support and application of the U.S.-Korea SOFA, review
the SOFA information found at the USFK website at http://www.usfk.mil/usfk/
under “Publications”, or at http://www.usfk.mil/usfk/sofadocuments.aspx.
Contact information for the Commander is also available at http://www.usfk.mil/usfk/leadership.aspx;
and</p>
         <p id="CzDveJ" outputclass="List4" class="- topic/p ">(E) Additional applicable
directives and regulations are available at http://www.usfk.mil/usfk/,
click on the drop down menu for “Publications”.</p>
         <p id="AWlujO" outputclass="List1" class="- topic/p ">(d) For work performed in
specified countries in the USCENTCOM area of responsibility, follow
theater business clearance/ contract administration delegation policy
as set forth in OSD policy letters linked to this PGI, and specific
theater business clearance/contract administration delegation instructions
as implemented by USCENTCOM’s Joint Theater Support Contracting
Command and found under contracting guidance at
               <xref href="https://www.acq.osd.mil/asda/dpc/cp/cc/aor.html"
                  format="html"
                  scope="external"
                  class="- topic/xref ">https://www.acq.osd.mil/asda/dpc/cp/cc/aor.html</xref>
            (click
on CENTCOM area of responsibility).</p>
      </conbody>
   </concept>
</dita>
