16 DE JUNHO DE 1995

822-(27)

Article IV SUtus of Forces .r

1—The Status of the United States- Forces as well as

that of membets of those Forces, members of die civitiah

component, and their dependents; shall be governed by this Agreement and its annexes, specifically H, I and J and, as a special arrangement, by the provisions of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces of June 19, 1951 (hereinafter referred to as the NATO SOFA).

2 — These Forces, their members, members of the civilian component, and their dependents shall respect Portuguese law and refrain from any activity contrary to the spirit of the provisions described in this Agreement It is the duty of. the United States to take necessary measures to that end.

Article V ■ ,

Responsibility for construction and maintenance and for.related costs ■

1 — The United States Government will be responsible for constructing, equipping and maintaining United States exclusive use facilities.

2 — The Portuguese Government and .the United States Government ate individually or jointly responsible for constructing, equipping and maintaining Joint use facilities.

3 — The United States Government is responsible for constructing, equipping-and maintaining,devices, fences or other passive means necessary for the protection of the facilities referred to in paragraphs 1 and 2.

4 — The Portuguese Government is responsible for the lease, expropriation or acquisition of land for use pursuant to this Agreement.

5 — The Portuguese- Government is responsible for the construction of dwellings.for Portuguese families dislocated by virtue of construction of granted faculties; The relocation of persons, property and military installations will be a Portuguese Government responsibility. ;

6 — Costs will be allocated as follows.-' " •

a) The United States Government will be responsible for all costs associated with paragraph 1;

b) All costs associated with paragraph 2, -3, 4 and 5 shall be shared as mutually agreed by the two Governments.

7 — The new constructions and major repairs —the building or altering of electric distribution networks, public signs and water sewage systems, the volume of existing structures, facades of interior loadbearing walls, and structural elements — require previous authorization from the Minister of National Defense of Portugal or from the entity on whom he delegates that competence.

& — The United States Forces is authorized to equip and maintain its exclusive use facilities and devices, fences, and other means necessary for protection of these facilities, provided the general appearance or purpose of the facility is not altered.

9 — Other works, including those necessary for maintenance, not referred in the previous paragraphs and those considered minor repairs, shall require the previous case by case or generic authorization of the Commander ofAir Base Number 4, Lajes, if they must be done in the Joint Use Facilities: The Commander of Air Base Number 4, Lajes, shall respond within 90 days. -' ''-

10 — The procedures of construction, maintenance or equipping to be undertaken under the terms of the previous paragraphs 7 and 8 shall begin with a job proposal. The job proposal shall always include in an annex a proposed cost

sharing agreement of it is for joint use and the proposed

method of contractor selection and performance. Proposed selections and performance procedures for contractors will be defined in the terms and conditions of die contract solicitation when released by the Contracting Office.

11:—The job proposal referred to in paragraph 7 will be submitted to the Technical Commission with a copy forwarded to the Commander of Air Base Number 4, Lajes, on which he will give his opinion.

12 — The Technical Commission will prepare a recommendation about the job proposal and the opinion referred to in the preceding paragraph to be submitted to the Portuguese Minister of National Defense who will make a final determination within 60 days.

13 — Before beginning work, the Commander of the United States Forces must submit to the Technical Commission, for ratification the job plans regarding all approved job proposals.

14—The Technical Commission will monitor, through the review of information or worksite inspection, the execution of the job plan to ensure its conformity with the proposal which has been approved by the Minister of National Defense, and may designate subcontractors or technical experts providing them the necessary credentials. If the representatives of the Minister of National Defense to the Technical Commission determine that performance significantly deviates from an approved plan, they shall forward a recommendation concerning workstopage or otherwise to the Minister for decision.

15 — The United States may use its own personnel or contractors acting on behalf of the United States Forces and selected in accordance with United States contracting procedures and legal requirements, in the construction, improvement, maintenance or operation of the granted facilities. In selecting such contractors, the United States will utilize Portuguese contractors to die maximum extent feasible.

16 — The Government of the United States shall encourage its contractors to fulfill their manpower requirements with Portuguese nationals to the maximum extent feasible.

17 — The Government of die United States shall require that contractors and subcontractors of the United States Forces have a policy of insurance, valid in Portugal and obtained from an insurance company with representation in Portugal, to cover injuries to persons and damage to property that may occur in Portuguese territory as a result of acts or omissions done in the performance of duty by their employees.

• Article VI

Property rights

1 —All buildings, structures and assemblies connected to the soil, including their respective electrical and telephone networks, piping of any nature and sanitary and heating facilities are, upon the completion of construction, the property of Portugal, although they may be used fully by the United States Forces while this Agreement is in force and in accord with its terms. Upon termination of the terms of this Agreement, this property will be left in place in usable condition, provided the United States will incur no expense therein. No compensation will be owed by the Government of Portugal.