Department of Defense Contractor Personnel Office (DOCPER)

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Department of Defense

Contractor Personnel Office

(DOCPER)

NATO SOFA Status Accreditation for Contractor Employees

in Germany and Italy

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DoD Contractor Personnel Office

Mission: Carry out provisions in bilateral agreements with Germany and Italy

allowing contractors to have NATO SOFA status

NATO SOFA covers the force and the civilian component, not contractors;

Contractors fall under separate side agreements:

• Germany: Supplementary Agreement (between Germany and the

“sending states”), plus US-Germany bilateral agreements of 1998 and 2001

• AE Reg 715-9 contains most information needed regarding status accreditation

under Articles 72 and 73

• Italy: US-Italy “Shell Agreement” of 1995

BOTTOM LINE: DOCPER “accredits” DOD contractor employees (authorizes

them to have NATO SOFA status) in Germany and Italy

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DoD Contractor Personnel Office

• DOCPER

• HQ USAREUR G1, Clay Kaserne – USAG Wiesbaden

Group Box:

usarmy.wiesbaden.usareur.mbx.odcs-g1-[email protected]

Website:

https://www.europeafrica.army.mil/contractor

Official Mail:

Department of the Army

HQ USAREUR- AF G1

ATTN: G1-CPD ODCS DOCPER (AEPE-CD)

Unit 29351, Box 99

APO AE 09014-9351

OFFICIAL BUSINESS

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Platform to Process Contracts and Applications:

- European Contractor Online Processing System (ECOPS)

• https://ecops.ext.eur.army.mil/

− COR / VREP Guide

DOCPER Informational Website:

- U.S. Army Europe and Africa - Department of Defense Contractor Personnel Office

• https://www.europeafrica.army.mil/contractor/

− Frequently Asked Questions -- and Answers

− Contractor Accreditation Process for Germany

− Contractor Accreditation Process for Italy

− Crafting Effective Job Descriptions

− Crafting a Well Written Contract Synopsis

− AE Reg 600-700 ID Cards and Individual Logistic Support

Website to Initiate CAC Application:

- Trusted Agent Sponsorship System (TASS)

• https://tass-pki.dmdc.osd.mil/tass

Websites and Tools

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New Contracts Requests for NSSACE

How a record gets into ECOPS

- ALL New Contract Actions and Follow On Contracts are:

• Initiated by the COR via email to:

usarmy.wiesbaden.usareur.mbx.odcs-g1[email protected]

• Must include the Contracting Action Submission Form, PWS, Signed

contract, and COR Designation Letter

Access to ECOPS - European Contractor Online Processing System

• Upon favorable review by DOCPER, the COR is granted access to the

contract record in ECOPS, and will be assigned a DOCPER Contract and

Application Analyst

• Note – New CORs on existing contracts are granted access to ECOPS via

the “Contract MOD” tab; incumbent CORs grant access

• Vendor Representatives are added to the contract record by CORs

• CORs can delegate responsibility to Vendor Representatives to aide in

the processing of Individual Applications and Application Modifications

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• Processes and Procedures

- What causes an initial Contract Submission Request to be rejected?

- Incomplete Contracting Action Submission Form (POP, blanks

- Unsigned Contract

- Scope of Work / JDs appear not technical in nature

- PWS/Contract does not show Host Nations of Germany or Italy as the

region supported

- Accreditation Category Questions on Submission form assist

DOCPER in determining whether a Contract supports:

- Troop Care / Troop Care IT Contracts (Germany) – Art. 72

- Technical Expert Contracts (Germany) – Art. 73

- Analytical Support Contracts (Germany) – Art. 72

- Technical Representative Contracts (Italy)

New Contracts Requests for NSSACE

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• Record Opened in ECOPS

• DOCPER Analysts are now assigned

• Analysts broken into Teams, consisting of a Contract and an

Application Analyst

• Correspondence between the COR/VRep should now be between

assigned DOCPER personnel

• Personnel assigned based upon Accreditation category, your

particular assigned analyst is a SME for that particular type of

contract

New Contract Record Opened

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New Contract Record Opened

Record Opened in ECOPS – What Next?

• COR / VREP Guide

• https://ecops.ext.eur.army.mil/

Completing New Record in ECOPS

• COR / VREP Guide

• Complete the Contract profile, English Language Synopsis, upload job

descriptions, and submit to your analyst, via the "Status/Actions" tab within

ECOPS

• Easiest method is to go tab by tab

• Don’t forget to click “Submit to DOCPER” in the Status/Actions tab

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Contract Profile – ECOPS

• DOCPER provides the COR with LOGIN access to the Electronic Contractor

Online Processing System (ECOPS) – once opened in ECOPS

• COR can designate a vendor representative as “Vendor Representative”

(VRep), and delegate most of the data entry to the Vrep

• COR provides DOCPER with contract information and documentation

through ECOPS

• Upload the executed contract document

• Provide contract information, name of vendor, name and contact info of the

VRep, position locations

• Upload the executed contract document and PWS/SOW

• Upload the job description(s) which articulate duties and minimum

education/experience requirements

• NOTE: VRep can do the data entry, but only the COR can make formal

submissions to DOCPER

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New Contract Record - Tips

Common Mistakes and Tips – Contracts

• Poorly Crafted English Language Synopsis (see website)

• Job Description does not utilize required verbiage: (see website)

Job title not matching Description

• POP dates due not match contract

• Sub-contractor documentation and data fields not entered

• COR address field not completed

• Not returning the record back to DOCPER

• Failure to upload the: PWS, COR Designation Memo, Job Descriptions, Signed

Contract, Subcontract memo (if applicable)

• Job Description does not match Job location/title

• Salaries listed for positions are basic salaries (not inclusive of benefits) and

match job offer letters

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• COR / VRep generates ECOPS login for each applicant

• Applicant provides information necessary to determine if the applicant is

qualified and not “ordinarily resident”

• Enter resume in Resume Builder

• Upload applicant’s offer letter or employment verification letter as signed

by a company representative not older than 2 months.

• Upload the Passport Picture page

• COR reviews for accuracy and submits application for review

• RENEWALS:

• COR or Vrep logs into ECOPS, selects the applicant and request a

MOD for Visa/Soggiorno update (Italy)

• COR will check the renewal documents in ECOPS and submit to

DOCPER for review

• DOCPER reviews the application and provide a new DOCPER

Accreditation Letter, new DD 1172-2, as appropriate, and a AE 600-

77a (Germany only)

Individual Applications – ECOPS

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Individual Applications - Tips

Common Mistakes and Tips – Applications

• Individual Applications can be submitted once record is in “Pending Authorities” status

• TE can be processed “conditionally” under Military Exigency

• Not submitting back to DOCPER for processing #1- click “submit to DOCPER”

• 715-9C not signed (wet signature, or digital CAC signature only)

• Passport – not signed, need at least 7 months remaining if outside the EU

• Resume not detailed enough – showing skills needed for JD

• Watch the 90 days (Germany) – Ordinarily Resident Status

• Remuneration package needs to be inputted prior to generating form 715-9c

• There is not Military Exigency for Italy applications

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Individual Applications - Tips

Common Mistakes and Tips – Applications

• Ordinarily Resident section must be completed if applicant has been in GE w/o status

• Applicant must use physical address, no APO/FPO addresses; current address

• A new 715-9c must be generated if any edits are made after initial generation

• Annual salary, location and title on the Job Offer must match form 715-9c

• Job Offer must be on subcontractors letterhead, if applicable

• Job Offer Letter must be dated 90 days or less, signed by applicant/company

• The accreditation process MUST be completed before the individuals arrive in Italy

• Contracted employees cannot legally enter Italy to perform work until they have

received a mission visa

• The Italian Consulate will not issue a mission visa to a contractor unless they have an

accreditation letter from the USSSO through DOCPER

• There is not military exigency in Italy.

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Status Accreditation Overview – Germany

Technical Expert (TE) - Article 73: accomplishes complex tasks of a technical-

military or technical-scientific nature

Analytical Support (AS) - Article 72: military planning and intelligence analysis

Troop Care (TC) - Article 72: provides care to members of the force (doctors,

nurses, physical therapists, social workers, and military career counselors)

Troop Care Information Technology (TC-IT) - Article 72: IT support to TC

missions

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Article 72 (AS, TC, TC-IT)

− Phase 1 approval comes from the Ministry of Foreign Affairs (MFA)

− Phase 1 approval focuses on the company in regard to a specific

contract and establishes approval via a Note Verbale(NV)

− NV process is very formal and structured

− Jobs must be mapped to pre-approved position descriptions (AS or TC-

IT) or job titles (TC)

Article 73 (TE)

− Phase 1 approval comes from respective Laender authorities

− Phase 1 approval focuses on the contract and the job position

− Positions must be of a highly technical or scientific nature dealing with

equipment and require a combination of higher education and/or

specialized experience

• For both Article 72 and 73, Phase II Approval (individuals) runs through the

Laender authorities

Status Accreditation Overview –Germany

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• “Civilian Personnel” (CP)

• Closely affiliated with the United States Armed Forces and under their

authority, but not employed directly by them, and not included in the

Civilian component.

• Technical Representatives:

− The definition of a TR is broader than “Technical Experts” (Germany).

The definition also includes: Troop Care service providers (doctors,

dentists, etc.), and Analytical Support service

− Job is sufficiently complex, requiring a high degree of skill/ knowledge?

(based on the SOW, JD)

− A bachelor’s degree in a related field OR; An associate’s degree in a

related field plus 4 years specialized experience OR; High School

diploma and at least 8 years of specialized experience

• Civilian Personnel:

- Civilian Personnel (CP) may be treated similarly as members of the

civilian component for purposes of individual logistical support.

- bank and credit union employees, university employees

religious activity resource personnel members

Status Accreditation Overview – Italy

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 Technical Expert and Technical Representative positions

 Information regarding the sub-vendor must be included on Contract

Notification Form

 Applicants apply and are treated as if employees of the prime-vendor

 Analytical Support positions

 Each sub-vendor requires individual enterprise approval as if they were

a separate prime-vendor

 The prime-vendor must provide a Prime-Sub Agreement

 The COR must submit a separate “Detainee Memo”

 Applicants can only apply for AS positions specifically approved for their

company

 Sub-vendors must only provide a “small” number of total employees

supporting the contract effort

 TC and TC-IT positions not approvable if subcontracted

Status Accreditation- Subcontractors

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Decision Timeframes – Germany and Italy

Germany:

Contract Notification (Article 73) - 8 weeks

• Review by DOCPER - 5 day objective

• German authorities expected to concur/non-concur in writing within 5 weeks.

If no response, concurrence is assumed

Enterprise Approval (Article 72) – 3-5 months

• No set timelines for Ministry of Foreign Affairs (MFA)

Individual Applications - 10 weeks

• Review by DOCPER - 5 day objective

• German authorities expected to concur/non-concur in writing within 6 weeks.

• Military Exigency – TE / AS with approval

Italy:

Approval (Technical Representative) – 10 days

• In house, DOCPER approval

Individual Applications – 18 days

• Review by DOCPER - 5 day objective

• USSSO is expected to concur/non-concur within 10 days

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• “BACO-90”

• Required by German law, not utilized in Italy – only Germany

• Does NOT provide status or any Individual Logistical Support (ILS)

• <= 90 days (3 months) per 12 month period

• Between contractor and German government

• DON’T USE A “BACO-90” IF YOU CAN GET A “MILITARY EXIGENCY

• DOCPER provides information, but does not process

• *NOTE: Formerly known as “Fax-back” -- now done via e-mail

• TESA/ASSA TDY

• Does provide full ILS while on TDY, not utilized in Italy – only Germany

• <= 90 days per calendar year

• Must apply to DOCPER and qualify for an approved position on an approved

contract and not be “Ordinarily Resident”

• TESA TDY contractors must receive a privileged CAC specifically associated

with their TESA TDY approval.

Temporary Duty in Germany

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• There is no provision in Italy to allow short-term or temporary personnel (in

Italy less than 90 days) to be accredited as TRs or CPs.

• [NOTE: Contractors can work in Italy on TDY for up to 90 days without

issue]

• The time-frame for “losing” OR status is one year. The Italian family

members do not need to leave Italy. There must be clear evidence that the

individual left Italy with a clear intent of establishing a permanent residence

outside of Italy

• Leaving Italy for a short period is not sufficient

• Totality of evidence (HHG moved, paying taxes in US, etc.)

• The USSSO (through DOCPER) would require supporting documentation

Temporary Duty in Italy

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• The bilateral agreements allow the US forces to grant immediate,

temporary, unilateral status under “military exigency.”

• ME requests must come from the COR

• Only DOCPER has the authority to approve an ME request

• DOCPER approve MEs for previously bilaterally-approved applicants

• DOCPER may deny an ME request when deemed prudent

• MEs can be approved for:

• TE applicants anytime following unilateral (DOCPER) contract approval

• AS applicants anytime following bilateral (Embassy and MFA) approval

• Contractors can begin operating on an contract (AS – approved only),

once the application is in “Pending Authorities” status.

• TC, TR, and TC-IT applicants are not eligible for ME

Military Exigency (ME)

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• General criterion for OR determinations under Art. 72 or Art. 73

• Duration in Germany w/o status

• Employment in Germany w/o status

• Real property ownership

• Receipt of German social benefits

• Children in Germany/school

• Other sources of income in Germany

• Main focus of societal relations in Germany

• Spouse employment in Germany

• German spouse

• Test: weigh the totality of the circumstances, determine the main focus of

vital interests, whether in Federal Republic of Germany or elsewhere

• Applicants determined to be OR are ineligible for status

• 20 Year Rule: a contractor for 20 uninterrupted years in Germany will be

considered OR by German Authorities

• 6 Year Re-Applications: a person who’s application was more than 6 years

ago will be asked to submit an abbreviated application for review

Ordinarily Resident (OR) – Germany

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• General criterion for OR determinations in Italy:

• Similar criterion exist in Italy, to include the exclusion of individuals with dual

Italian/US citizenship from accreditation, and a highly likelihood of OR

status for those applicants who possess a

• The time-frame for “losing” OR status is one year. The Italian family

members do not need to leave Italy. There must be clear evidence that the

individual left Italy with a clear intent of establishing a permanent residence

outside of Italy

• Leaving Italy for a short period is not sufficient

• Totality of evidence (HHG moved, paying taxes in US, etc.)

• The USSSO (through DOCPER) would require supporting documentation

Ordinarily Resident (OR) - Italy

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• “Yellow-Card” or “Last Chance” approval means that the individual

receives status this last time

• This generally happens when a person is essentially ordinarily resident

now, but has been previously approved – Germany only

• If the person re-applies, he is extremely likely to be denied

• “Yellow-Card” approval is a decision made by the German authorities, not

by DOCPER - it is also NOT a denial

• “Yellow-Card” approval allows a person time to either make a graceful exit

or transition to full German residency

• A “Yellow-Card” approval does not change the status of the applicant

• Not subject to challenge by DOCPER

• Applicants re-applying after a “Yellow-Card” approval must prove their

“main focus of vital interests” is no longer Germany

• “Yellow-Card” = your local Finanzamt (Germany) is vying to tax the

contractor

The Yellow Card Approval

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Cost of Living Estimates – DoDEA Tuition

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Cost of Living Estimates – Housing

Department of State – Living Quarters Allowance

− https://aoprals.state.gov/Web920/lqa_all.asp?MenuHide=1

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• A valid AE Form 600-77A is required in order for an approved contractor

and their dependents to receive NATO SOFA certificates

• NATO SOFA certificates are the only true credential for NATO SOFA status

for individuals not in possession of an official passport

• The NATO SOFA certificate is not an optional document

• Only DOCPER can authorize the issuance of NATO SOFA certificates for

contractors approved under Articles 72 and 73

• DOCPER generates and provides AE Forms 600-77A thru the DCOPS

system

• Expiration dates on AE Forms 600-77A will match the expiration date of the

1172-2’s provided by DOCPER

• Approved contractors should receive their privileged CACs first, prior to

seeking to obtain their NATO SOFA certificates

AE Forms 600-77A

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• DoD system for verifying contractors, run by Defense Manpower Data

Center (DMDC) Contractors must be entered into TASS by a Trusted

Agent (TA) to get a CAC

• DOCPER is a TASS Trusted Agent Security Manager (TASM)

• A valid AE Form 600-77A is required in order for an approved contractor

and their dependents to receive NATO SOFA certificates

• NATO SOFA certificates are the only true credential for NATO

• Only DOCPER can authorize the issuance of NATO SOFA certificates

for contractors approved under Articles 72 and 73

− DOCPER generates and provides AE Forms 600-77A thru ECOPS

Trusted Associate Sponsorship System - TASS

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The COR must ensure that a Trusted Agent (TA) is

appointed to:

− Manage applicants in the Trusted Agent Sponsorship System (TASS)

− Once a contractor applicant is approved in ECOPS, and a DD1172-2 is

generated, the TA must input this data in TASS

− Without this vital step, approved contractor employees will be unable to

obtain a CAC

− DOCPER will not approve a new contract, in ECOPS, without a TA

− Approved contractors should receive their privileged CACs first, prior to

seeking to obtain their NATO SOFA certificates

− Expiration dates on AE Forms 600-77A will match the expiration date

of the 1172-2’s provided by DOCPER

The Trusted Agent

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• AE Reg 715-9 - The COR will

• Ensure that contract and individual application packages are

completed and submitted (through ECOPS)

• Ensure that applicants meet approved job requirements

• Prevent fraud

• Notify DOCPER of employee terminations (Template available on

DOCPER webpage)

• Collect and turn-in credentials after terminations:

• Common Access Cards (CACs) and dependent identification (ID)

cards are turned in to local ID card facilities

• NATO SOFA certificates are turned into local passport offices

• Instruct approved contractors to accompany family members to ID card

section. (Do not prepare DD Form 1172 authorizing ID cards for family

members.)

The Contracting Officer Representative (COR)

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The COR is responsible for informing DOCPER when a contractor’s

status must be terminated for any reason:

• End of a contract

• Early contract termination

• Contractor is terminated

• Job offer is declined

• NATO SOFA status is always associated with an approved position

under an approved contract

• When the contractor leaves either the contract or the position

under which they were approved, they have no more basis for

NATO SOFA status. Their status is no longer valid and must be

terminated

The Contracting Officer Representative (COR)

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Answers to Frequently Asked Questions

https://media.defense.gov/2018/Jul/26/2001947068/-1/-1/1/FAQS_JAN12.PDF

Can contracts and individual applications be processed by DOCPER at the

same time?

• Article 73 individual applications may (under the military exigency clause) be approved unilaterally

and conditionally before the German authorities have completed their review of the contract.

• Article 72 individual applications may be reviewed by DOCPER, but will only be sent to the German

authorities after contract had been approved

What are the factors that may effect approval?

• Contractor Applications – OR factors; lack of experience; applicant does not meet requirements

shown in job description

Is a follow-on contract to a contract previously used in Germany considered

a new contract?

• Yes. Please see AE Regulation 715-9. A "new contract," which must be notified and approved,

includes follow-on or successor contracts even when awarded to the same company.

How long does TESA/ASSA/TCSA accreditation remain valid?

• For contracted employees, status accreditation is directly tied to an approved position under an

approved contract; accreditation remains valid for as long as the individual remains in the same

position under the same contract. The maximum length of the card will be 3 years, or the exp. of the

passport, whichever is less.

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• Is a follow-on contract to a contract previously used in Germany

considered a new contract?

• Yes, see AE Regulation 715-9. A "new contract," includes follow-on or successor

contracts even when awarded to the same

• When a contracted employee has received SOFA status under a

particular approved position, can they also perform work under a

different position?

• There are certain types of "other" work that may jeopardize a contracted

employee's tax exempt status, as well as his or her entitlement to accreditation

under the NATO SOFA SA

• Contractors are required to work a minimum of 20 hours per week in order to be

eligible for status accreditation

Answers to Frequently Asked Questions

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• Can contracts and individual applications be processed by DOCPER at

the same time?

• Article 73 individual applications may (under the military exigency clause) be

approved unilaterally and conditionally before the German authorities have

completed their review of the contract.

• Article 72 individual applications may be reviewed by DOCPER, but will only be

sent to the German authorities after contract had been approved

• Why are some Article 73 individual applications denied Military

Exigency?

• DOCPER will not approve ME requests for individual applicants who are at risk of

denial by the German authorities. Risk of denial might exist because of marginal

qualifications or, more likely, because the applicant has one or more OR factors.

• Can a non-US citizen receive TE/AS/TC?TR status?

• Yes. Under both Articles 72 and 73, U.S. citizens and citizens of other NATO

nations, except Germany, may be granted NATO SOFA status.

Answers to Frequently Asked Questions

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• If an individual is approved for an ME by DOCPER, but then is

subsequently denied by the German authorities, what is the person's

status during the period worked in Germany?

• As long as the individual has been in Germany for less than 90 days, there is no

violation of the German work permit laws (assuming the work qualifies for one of

the exemptions to the work permit laws) or residency laws.

• It must be noted, however, that working in Germany for more than 90 days in a

12- month period without NATO SOFA status places a person in violation of

German work permit provisions

• How long does TESA/ASSA/TCSA accreditation remain valid?

• Status accreditation is always directly tied to an approved position under an

approved contract. Accreditation remains valid for as long as the approved

individual remains in the same position under the same contract.

• How long can a contractor keep their soggiorno visa?

• When an applicant terminates his/her employment they will need to return the

soggiorno to the Base liaison office.

Answers to Frequently Asked Questions

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Questions

DoD Contractor Personnel Office