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I have searched the forums and blogs on WIFCON and generally searched the web with Google and cannot find anything that speaks specifically to our issue. The situation is as follows: DoD has facilities in England, many of which have been there for a very long time. In England there is a standard fee that all owners and users of a television must pay. Additionally, when using the TV, if the user decides to record content and potentially re-view the content later, there is an additional licensing fee. In the UK this fee is viewed as a tax by their Government. After speaking with our OGC and that of the Air Force, we feel that the SOFA does not allow us any option other than to pay the fee. If we refuse to pay the bill (even though no one obligated the GOV) then we cannot use the TVs in the facilities, let alone record content from them. The problem with the fee is that it is essentially automatic. At one point in the past the UK tax authorities began billing our organization for these television related fees. The bill comes at the beginning of the year each year, automatically because they know we have TVs and that we record content. The real issue here is that our organization is trying to pin the billing on someone as an Unauthorized Commitment which I do not believe is correct. My apologies if my question is unclear and for my rambling, I'm relatively new with limited experience in contracting and this is my first post to the Wifcon site. Thank you in advance for any clarification or guidance that anyone can provide.
From the VA Handbook 6500.6: "d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor." Does anyone know of any federal policies or VA policy/mandates that would prohibit software development OCONUS? Thanks, Prezmil2020