Operational Contract Support, 81807-81825 [2011-33107]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Rules and Regulations]
[Pages 81807-81825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33107]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 158

[Docket ID DOD-2009-OS-0029]
RIN 0790-AI48


Operational Contract Support

AGENCY: Department of Defense (DoD).

ACTION: Interim final rule.

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SUMMARY: This part establishes policy, assigns responsibilities, and 
provides procedures for operational contract support (OCS), including 
OCS program management, contract support integration, and integration 
of defense contractor personnel into contingency operations outside the 
United States.
    An interim final rule is required to procedurally close gaps and 
ensure the correct planning, oversight and management of DoD 
contractors supporting contingency operations, by updating the existing 
outdated policy. The existing policies are causing significant 
confusion, as they do not reflect current practices and legislative 
mandates. The inconsistencies between local Geographic Command guidance 
and the DoD-wide policies and the Defense Federal Acquisition 
Regulations Supplement are confusing for those in the field--in 
particular, with regard to policy on accountability and visibility 
requirements. Given the sustained employment of a large number of 
contractors in the U.S. Central Command area of responsibility; the 
importance of contractor oversight in support of the counter-insurgency 
operation in Afghanistan; and, the requirement to effectively manage 
contractors during the transition in Iraq, this issue has become so 
significant that DoD needs to revise the DoD-wide policies as a matter 
of urgency.

DATES: This rule is effective December 29, 2011. Comments must be 
received by February 27, 2012.

ADDRESSES: You may submit comments, identified by docket number and or/
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, 2nd floor, East Tower, Suite 02G09, Alexandria, VA 22350-
3100.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at https://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Shanna Poole, (703) 692-3032.

SUPPLEMENTARY INFORMATION: The revised policies include: (1) 
Incorporation of lessons learned from current operations; (2) 
requirements for the development of contractor oversight plans; (3) 
requirements for adequate military personnel necessary to execute 
contract oversight; and, (4) standards of medical care for deployed 
contractors.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been certified that 32 CFR part 158 does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
these Executive Orders.

Section 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 158 does not contain a 
Federal mandate that may result in expenditure by State, local and 
tribal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that 32 CFR part 158 is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.

[[Page 81808]]

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that 32 CFR part 158 does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995. 
These reporting requirements have been approved by OMB under OMB 
Control Number 0704-0460, Synchronized Predeployment and Operational 
Tracker (SPOT) System. DOD does not believe this interim rule will 
require a change in burden or a change in the information collected. 
DoD cleared the SPOT collection with the interim rule codified at 32 
CFR part 159 (which concerned U.S. government private security 
contractors (USG PSCs)). The SPOT collection package encapsulated the 
requirement for all DoD contingency contractor personnel to register in 
the SPOT database--not just USG PSCs. The publication of this rule has 
no impact on the extant requirement for contractors to use SPOT.

Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 158 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 158

    Armed forces, Government contracts, Health and safety, Military 
personnel, National defense, Passports and visas, Recordkeeping, 
Security measures.

    Accordingly, 32 CFR part 158 is added to read as follows:

PART 158--OPERATIONAL CONTRACT SUPPORT

Sec.
158.1 Purpose.
158.2 Applicability.
158.3 Definitions.
158.4 Policy.
158.5 Responsibilities.
158.6 Procedures.
158.7 Guidance for contractor medical and dental fitness.

    Authority: Public Law 110-181; Public Law 110-417.


Sec.  158.1  Purpose.

    This part establishes policy, assigns responsibilities, and 
provides procedures for operational contract support (OCS), including 
OCS program management, contract support integration, and integration 
of defense contractor personnel into contingency operations outside the 
United States in accordance with the guidance in DoD Directive 3020.49 
(see https://www.dtic.mil/whs/directives/corres/pdf/302049p.pdf) and the 
authority in DOD Directive 5134.01 (see https://www.dtic.mil/whs/directives/corres/pdf/513401p.pdf).


Sec.  158.2  Applicability.

    This part applies to:
    (a) The Office of the Secretary of Defense, the Military 
Departments, the Office of the Chairman of the Joint Chiefs of Staff 
and the Joint Staff, the Combatant Commands, the Office of the 
Inspector General of the Department of Defense, the Defense agencies, 
the DoD field activities, and all other organizational entities within 
the Department of Defense (hereinafter referred to collectively as the 
``DoD Components'').
    (b) DoD operations (contingency, humanitarian assistance, and other 
peace operations) outside the United States; other military operations 
as determined by a Combatant Commander (CCDR); or as directed by the 
Secretary of Defense (hereinafter referred to collectively as 
``applicable contingency operations'').


Sec.  158.3  Definitions.

    Unless otherwise noted, the following terms and their definitions 
are for the purposes of this part.
    Acquisition. Defined in 48 CFR 2.101.
    Contingency acquisition. The process of acquiring supplies, 
services, and construction in support of contingency operations.
    Contingency contract. A legally binding agreement for supplies, 
services, and construction let by Government contracting officers in 
the operational area, as well as other contracts that have a prescribed 
area of performance within a designated operational area. Contingency 
contracts include theater support, external support, and systems 
support contracts.
    Contingency contractor personnel. Individual contractors, 
individual subcontractors at all tiers, contractor employees, and sub-
contractor employees at all tiers under all contracts supporting the 
Military Services during contingency operations.
    Contingency operation. Defined in Joint Publication 1-02 (see 
https://www.dtic.mil/doctrine/new_pubs/jp1_02.pdf).
    Contingency program management. The process of planning, 
organizing, staffing, controlling, and leading the operational contract 
support (OCS) efforts to meet joint force commander (JFC) objectives.
    Contract administration. A subset of contracting that includes 
efforts that ensure supplies and services are delivered in accordance 
with the conditions and standards expressed in the contract. Contract 
administration is the oversight function, from contract award to 
contract closeout, performed by contracting professionals and 
designated non-contracting personnel.
    Contract administration delegation. A CCDR policy or process 
related to theater business clearance that allows the CCDR to exercise 
control over the assignment of contract administration for that portion 
of contracted effort that relates to performance in, or delivery to, 
designated area(s) of operations and allows the CCDR to exercise 
oversight to ensure the contractor's compliance with CCDR and 
subordinate task force commander policies, directives, and terms and 
conditions. Whether the CCDR chooses to implement such a process 
depends on the situation.
    Contracting. Defined in 48 CFR 2.101.
    Contracting officer. Defined in 48 CFR 2.101.
    Contracting Officer's Representative (COR). Defined in 48 CFR 
202.101.
    Contractor management. The oversight and integration of contractor 
personnel and associated equipment providing support to the joint force 
in a designated operational area.
    Contractors Authorized to Accompany the Force (CAAF). Contractor 
personnel, including all tiers of subcontractor personnel, who are 
authorized to accompany the force in applicable contingency operations 
and who have been afforded CAAF status through Letter of Authorization 
(LOA). CAAF generally include all U.S. citizen and Third Country 
National (TCN) employees not normally residing within the operational 
area whose area of performance is in the direct vicinity of U.S. forces 
and who routinely are co-located with U.S. forces (especially in non-
permissive environments). Personnel co-located with U.S. forces shall 
be afforded CAAF status through LOA. In some cases, CCDR subordinate 
commanders may designate mission-essential Host Nation (HN) or Local 
national (LN) contractor employees (e.g., interpreters) as CAAF. CAAF 
includes contractors identified as contractors deploying with the force 
in DoD Instruction 3020.41 and DoD Directive 3002.01E (see https://www.dtic.mil/whs/directives/corres/pdf/300201p.pdf). CAAF status does 
not apply to contractor personnel in support of contingencies within 
the boundaries and territories of the United States.
    Defense contractor. Any individual, firm, corporation, partnership,

[[Page 81809]]

association, or other legal non-Federal entity that enters into a 
contract directly with the DoD to furnish services, supplies, or 
construction. Foreign governments, representatives of foreign 
governments, or foreign corporations wholly owned by foreign 
governments that have entered into contracts with the DoD are not 
defense contractors.
    Designated reception site. The organization responsible for the 
reception, staging, integration, and onward movement of contractors 
deploying during a contingency. The designated reception site includes 
assigned joint reception centers and other Service or private reception 
sites.
    Essential contractor service. A service provided by a firm or an 
individual under contract to the DoD to support vital systems including 
ships owned, leased, or operated in support of military missions or 
roles at sea and associated support activities, including installation, 
garrison, base support, and linguist/translator services considered of 
utmost importance to the U.S. mobilization and wartime mission. The 
term also includes services provided to Foreign Military Sales 
customers under the Security Assistance Program. Services are 
considered essential because:
    (1) The DoD Components may not have military or DoD civilian 
employees to perform the services immediately.
    (2) The effectiveness of defense systems or operations may be 
seriously impaired and interruption is unacceptable when the services 
are not available immediately.
    External support contracts. Prearranged contracts or contracts 
awarded during a contingency from contracting organizations whose 
contracting authority does not derive directly from theater support or 
systems support contracting authorities.
    Functional Combatant Commands. U.S. Joint Forces Command (USJFCOM), 
U.S. Special Operations Command, U.S. Strategic Command, and U.S. 
Transportation Command.
    Geographic Combatant Commands. U.S. Africa Command, U.S. Central 
Command, U.S. European Command, U.S. Northern Command, U.S. Pacific 
Command, and U.S. Southern Command.
    Hostile environment. Defined in Joint Publication 1-02.
    Host nation (HN). A nation that permits, either by written 
agreement or official invitation, government representatives and/or 
agencies of another nation to operate, under specified conditions, 
within its borders.
    Letter of authorization (LOA). A document issued by a procuring 
contracting officer or designee that authorizes contractor personnel to 
accompany the force to travel to, from, and within an operational area, 
and outlines Government-furnished support authorizations within the 
operational area, as agreed to under the terms and conditions of the 
contract. For more information, see 48 CFR PGI 225.74.
    Local national (LN). An individual who is a permanent resident of 
the nation in which the United States is conducting contingency 
operations.
    Long-term care. A variety of services that help a person with 
comfort, personal, or wellness needs. These services assist in the 
activities of daily living, including such things as bathing and 
dressing. Sometimes known as custodial care.
    Non-CAAF. Personnel who are not designated as CAAF, such as LN 
employees and non-LN employees who are permanent residents in the 
operational area or TCNs not routinely residing with U.S. forces (and 
TCN expatriates who are permanent residents in the operational area) 
who perform support functions away from the close proximity of, and do 
not reside with, U.S. forces. Government-furnished support to non-CAAF 
is typically limited to force protection, emergency medical care, and 
basic human needs (e.g., bottled water, latrine facilities, security, 
and food when necessary) when performing their jobs in the direct 
vicinity of U.S. forces.
    Operational contract support (OCS). The ability to orchestrate and 
synchronize the provision of integrated contract support and management 
of contractor personnel providing support to the joint force within a 
designated operational area.
    Prime contract. Defined in 48 CFR 3.502.
    Qualifying contingency operation. In accordance with Article 
2(a)(10) of the Uniform Code of Military Justice (UCMJ) (see https://www.au.af.mil/au/awc/awcgate/ucmj.htm), a military contingency 
operation conducted for the purpose of engaging an enemy or a hostile 
force in combat where disciplinary authority over civilians under 
Article 2(a)(10) is governed by the UCMJ, the Secretary of Defense 
Memorandum, ``UCMJ Jurisdiction Over DoD Civilian Employees, DoD 
Contractor Personnel, and Other Persons Serving With or Accompanying 
the Armed Forces Overseas During Declared War and in Contingency 
Operations,'' dated March 10, 2008 (see https://www.dtic.mil/whs/directives/corres/pdf/DTM-08-009.pdf), and the Manual for Courts-
Martial, United States, current edition (see https://www.au.af.mil/au/awc/awcgate/law/mcm.pdf).
    Replacement center. The centers at selected installations that 
ensure personnel readiness processing actions have been completed prior 
to an individual reporting to the aerial port of embarkation for 
deployment to a designated operational area.
    Requiring activity. The organization charged with meeting the 
mission and delivering the requirements the contract supports. This 
activity is responsible for delivering the services to meet the mission 
if the contract is not in effect. The requiring activity may also be 
the organizational unit that submits a written requirement, or 
statement of need, for services required by a contract. This activity 
is responsible for ensuring compliance with DoD Instruction 1100.22 
(see https://www.dtic.mil/whs/directives/corres/pdf/110022p.pdf) and 
Deputy Secretary of Defense Memorandums, ``In-sourcing Contracted 
Services--Implementation Guidance'' dated May 28, 2009, and 
``Implementation of Section 324 of the National Defense Authorization 
Act for Fiscal Year 2008 (FY 2008 NDAA)--Guidelines and Procedures on 
In-Sourcing New and Contracted Out Functions'' dated April 4, 2008 (for 
both Deputy Secretary of Defense Memorandums see https://prhome.defense.gov/RSI/REQUIREMENTS/INSOURCE/INSOURCE_GUIDANCE.ASPX).
    Subcontract. Defined in 48 CFR 3.502.
    Systems support contracts. Prearranged contracts awarded by Service 
acquisition program management offices that provide fielding support, 
technical support, maintenance support, and, in some cases, repair 
parts support, for selected military weapon and support systems. 
Systems support contracts routinely are put in place to provide support 
to many newly fielded weapons systems, including aircraft, land combat 
vehicles, and automated command and control systems. Systems support 
contracting authority, contract management authority, and program 
management authority reside with the Service system materiel 
acquisition program offices. Systems support contractors, made up 
mostly of U.S. citizens, provide support in continental U.S. (CONUS) 
and often deploy with the force in both training and contingency 
operations. The JFC generally has less control over systems support 
contracts than other types of contracts.
    Theater business clearance. A CCDR policy or process to ensure 
visibility of and a level of control over systems support and external 
support contracts

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executing or delivering support in designated area(s) of operations. 
The breadth and depth of such requirements will be situational. Theater 
business clearance is not necessarily discrete and can be implemented 
to varying degrees on a continuum during all phases of an operation.
    Theater support contracts. Contingency contracts awarded by 
contracting officers deployed to an operational area serving under the 
direct contracting authority of the Service component, special 
operations force command, or designated joint contracting authority for 
the designated contingency operation.
    Uniquely military functions. Defined in DoD Instruction 1100.22, 
``Policy and Procedures for Determining Workforce Mix.''


Sec.  158.4  Policy.

    It is DoD policy that:
    (a) OCS actions (e.g., planning, accountability, visibility, 
deployment, protection, and redeployment requirements) shall be 
implemented to:
    (1) Incorporate appropriate contingency program management 
processes during applicable contingency operations.
    (2) Comply with applicable U.S., international, and local laws, 
regulations, policies, and agreements.
    (3) Use contract support only in appropriate situations consistent 
with 48 CFR subpart 7.5, 48 CFR 207.503, and DoD Instruction 1100.22, 
``Policy and Procedures for Determining Workforce Mix.''
    (4) Fully consider, plan for, integrate, and execute acquisition 
of, contracted support, including synchronizing and integrating 
contracted support flowing into an operational area from systems 
support, external support and theater support contracts and managing 
the associated contractor personnel, into applicable contingency 
operations consistent with CCDR policies and procedures and Joint 
Publication (JP) 4-10, ``Operational Contract Support,'' (see https://www.dtic.mil/doctrine/new_pubs/jp4_10.pdf).
    (b) Contractors are generally responsible for providing their own 
logistical support. However, in austere, uncertain, and/or hostile 
environments, the DoD may provide logistical support to ensure 
continuation of essential contractor services. CAAF may receive 
Government-furnished support commensurate with the operational 
situation in accordance with the terms and conditions of their 
contract.
    (c) Contracting officers will ensure that contracts used to support 
DoD operations require:
    (1) That CAAF deploying from outside the operational area be 
processed through formal deployment (replacement) centers or a DoD-
approved equivalent process prior to departure, and through in-theater 
reception centers upon arrival in the operational area, as specified in 
Sec.  158.6 of this part.
    (2) That contractors provide personnel who are medically, dentally, 
and psychologically fit, and if applicable, professionally tested and 
certified, to perform contract duties in applicable contingency 
operations. Section 158.6 of this part details medical support and 
evacuation procedures. Section 158.7 of this part provides guidance on 
contractor medical, psychological, and dental fitness.
    (3) Solicitations and contracts address any applicable host country 
and designated operational area performance considerations.
    (d) Contracts for highly sensitive, classified, cryptologic, and 
intelligence projects and programs shall implement this part to the 
maximum extent practicable, consistent with applicable laws, Executive 
orders, Presidential Directives, and DoD issuances.
    (e) In applicable contingency operations, contractor visibility and 
accountability shall be maintained through a common joint database, the 
Synchronized Predeployment and Operational Tracker (SPOT) or its 
successor.


Sec.  158.5  Responsibilities.

    (a) The Under Secretary of Defense for Acquisition, Technology, and 
Logistics (USD(AT&L)) shall develop, coordinate, establish, and oversee 
the implementation of DoD policy for managing OCS.
    (b) The Director, Defense Procurement and Acquisition Policy 
(DPAP), under the authority, direction, and control of the USD(AT&L), 
shall:
    (1) Oversee all acquisition and procurement policy matters 
including the development of DoD policies for contingency contracting 
and the coordinated development and publication of contract 
prescriptions and standardized contract clauses in 48 CFR 207.503, 
252.225-7040, and 202.101, and associated contracting officer guidance 
in 48 CFR PGI 225.74. This includes working collaboratively with OSD 
Principal Staff Assistants, Chairman of the Joint Chiefs of Staff 
(CJCS) representatives, and the DoD Component Heads in the development 
of OCS related policies and ensuring that contracting equities are 
addressed.
    (2) Develop contingency contracting policy and implement other OCS 
related policies into DFARS in support of applicable contingency 
operations.
    (3) Ensure implementation by contracting officers and CORs of 
relevant laws and policies in 48 CFR Subparts 4.1301, 4.1303, 52.204-9, 
7.5, 7.503(e), 2.101, and 3.502; 48 CFR Subparts 207.503, 252.225-7040 
and 202.101; and 48 CFR PGI 225.74.
    (4) Propose legislative initiatives that support accomplishment of 
the contingency contracting mission.
    (5) Improve DoD business processes for contingency contracting 
while working in conjunction with senior procurement executives across 
the DoD. Assist other OSD Principal Staff Assistants, CJCS 
representatives, and DoD Component Heads in efforts to improve other 
OCS related business processes by ensuring contracting equities and 
interrelationships are properly addressed.
    (6) Support efforts to resource the OCS toolset under the lead of 
the Deputy Assistant Secretary of Defense for Program Support 
(DASD(PS)) pursuant to paragraph (c)(6)(ii) of this section.
    (7) Coordinate activities with other Government agencies to provide 
unity of effort. Maintain an open, user-friendly source for reports and 
lessons learned and ensure the coordinated development and publication, 
through participation on the FAR Council, of standardized contract 
clauses.
    (8) As a member of the Contracting Functional Integrated Planning 
Team, collaborate with the Defense Acquisition University to offer 
education for all contingency contracting personnel.
    (9) Participate in the OCS Functional Capability Integration Board 
(FCIB) to facilitate development of standard joint OCS concepts, 
policies, doctrine, processes, plans, programs, tools, reporting, and 
training to improve effectiveness and efficiency.
    (10) In concert with the supported Combatant Commander, coordinate 
in advance of execution Executive Agency for Head of Contracting 
Activity requisite Operational Plans (OPLANS), Concept Plans 
(CONPLANS), and operations, where a lead service or a Joint Theater 
Support Contracting Command (JTSCC) will be established.
    (c) The DASD(PS), under the authority, direction, and control of 
the USD(AT&L) through the Assistant Security of Defense for Logistics 
and Materiel Readiness (ASD(L&MR)), is responsible for oversight and 
management to enable the orchestration, integration, and 
synchronization of the preparation and execution of

[[Page 81811]]

acquisitions for DoD contingency operations, and shall:
    (1) Coordinate policy relating to field operations and contingency 
contractor personnel in forward areas and the battlespace. In 
cooperation with the Joint Staff, Military Departments, and OSD, serve 
as the DoD focal point for the community of practice and the community 
of interest for efforts to improve OCS program management and 
oversight.
    (2) Co-chair with the Vice Director, Directorate for Logistics, 
Joint Staff, (VDJ4) the OCS FCIB to lead and coordinate OCS with OSD, 
Military Department, and Defense Agency senior procurement officers in 
accordance with the OCS FCIB Charter (see https://www.acq.osd.mil/log/PS/fcib/OCS_FCIB_charter_USA000737-09_signed.pdf).
    (3) Ensure integration of joint OCS activities across other joint 
capability areas and joint warfighting functions.
    (4) Provide input to the Logistics Capability Portfolio Manager and 
the CJCS in the development of capability priorities; review final 
capability priorities; and provide advice to the Under Secretary of 
Defense for Policy (USD(P)) in developing the Quadrennial Defense 
Review (see https://www.defense.gov/qdr/images/QDR_as_of_12Feb10_1000.pdf) and defense planning and programming guidance, as 
appropriate.
    (5) Serve as the DoD lead to:
    (i) Develop a programmatic approach for the preparation and 
execution of orchestrating, integrating, and synchronizing acquisitions 
for contingency operations.
    (ii) Establish and oversee DoD policies for OCS program management 
in the planning and execution of combat, post-combat, and other 
contingency operations involving the Military Departments, other 
Government agencies, multinational forces, and non-governmental 
organizations, as required.
    (6) Improve DoD business practices for OCS.
    (i) In consultation with the Under Secretary of Defense for 
Personnel and Readiness (USD(P&R)); the Director, DPAP; and the CJCS, 
ensure a joint web-based contract visibility and contractor personnel 
accountability system (currently SPOT) is designated and implemented, 
including business rules for its use.
    (ii) Lead the effort to resource the OCS toolset providing improved 
OCS program management, planning, OCS preparation of the battlefield, 
systems support, and theater support contracts, contractor 
accountability systems, and automated contract process capabilities, 
including reach back from remote locations to the national defense 
contract base (e.g., hardware and software).
    (7) In consultation with the Heads of the OSD and DoD Components, 
provide oversight of experimentation efforts focusing on concept 
development for OCS execution.
    (8) Serve as the DoD lead for the oversight of training and 
education of non-acquisition, non-contracting personnel identified to 
support OCS efforts.
    (d) The Director, DLA, under the authority, direction, and control 
of the USD(AT&L), through the ASD(L&MR) shall, through the Joint 
Contingency Acquisition Support Office (JCASO), provide enabler OCS 
support to CCDR OCS planning efforts and training events, and, when 
requested, advise, assist, and support JFC oversight of OCS operations. 
Specifically, the Director, JCASO, shall:
    (1) Provide OCS planning support to the CCDR through Joint OCS 
Planners embedded within the geographic Combatant Command staff. 
Maintain situational awareness of all plans with significant OCS equity 
for the purposes of exercise support and preparation for operational 
deployment. From JCASO forward involvement in exercises and operational 
deployments, develop and submit lessons learned that result in improved 
best practices and planning.
    (2) When requested, assist the Joint Staff in support of the 
Chairman's OCS responsibilities listed in paragraph (l) of this 
section.
    (3) Facilitate improvement in OCS planning and execution through 
capture and review of joint OCS lessons learned. In cooperation with 
USJFCOM, Military Services, other DoD Components, and interagency 
partners, collect joint operations focused OCS lessons learned and best 
practices from contingency operations and exercises to inform OCS 
policy and recommend doctrine, organization, training, materiel, 
leadership, personnel, and facilities (DOTMLPF) solutions.
    (4) Participate in joint exercises, derive OCS best practices from 
after-action reports and refine tactics/techniques/procedures, 
deployment drills, and personal and functional training (to include 
curriculum reviews and recommendations). Assist in the improvement of 
OCS related policy, doctrine, rules, tools, and processes.
    (5) Provide the geographic CCDRs, when requested, with deployable 
experts to assist the CCDR and subordinate JFCs in managing OCS 
requirements in a contingency environment.
    (6) Practice continuous OCS-related engagement with interagency 
representatives and multinational partners, as appropriate and 
consistent with existing authorities.
    (7) Participate in the OCS FCIB to facilitate development of 
standard joint OCS concepts, policies, doctrine, processes, plans, 
programs, tools, reporting, and training to improve effectiveness and 
efficiency.
    (e) The Director, Defense Contract Management Agency (DCMA) under 
the authority, direction, and control of the USD(AT&L), through the 
Assistant Secretary of Defense for Acquisition (ASD(Acquisition)), 
plans for and performs contingency contract administration services in 
support of the CJCS and CCDRs in the planning and execution of military 
operations, consistent with DCMA's established responsibilities and 
functions.
    (f) The Under Secretary of Defense for Intelligence (USD(I)), as 
the Principal Staff Assistant for intelligence, counterintelligence, 
and security in accordance with DoD Directive 5143.01 (see https://www.dtic.mil/whs/directives/corres/pdf/514301p.pdf), shall:
    (1) Develop, coordinate, and oversee the implementation of DoD 
security programs and guidance for those contractors covered in DoD 
Instruction 5220.22 (see https://www.dtic.mil/whs/directives/corres/pdf/522022p.pdf.
    (2) Assist the USD(AT&L) in determining appropriate contract 
clauses for intelligence, counterintelligence, and security 
requirements.
    (3) Establish policy for contractor employees under the terms of 
the applicable contracts that support background investigations in 
compliance with 48 CFR 4.1301, 4.1303, and 52.204-9.
    (4) Coordinate security and counterintelligence policy affecting 
contract linguists with the Secretary of the Army pursuant to DoD 
Directive 5160.41E (see https://www.dtic.mil/whs/directives/corres/pdf/516041p.pdf) .
    (g) The Assistant Secretary of Defense for Health Affairs 
(ASD(HA)), under the authority, direction, and control of the USD(P&R), 
shall assist in the development of policy addressing the reimbursement 
of funds for qualifying medical support received by contingency 
contractor personnel in applicable contingency operations.
    (h) The Deputy Assistant Secretary of Defense for Readiness 
(DASD(Readiness)) under the authority, direction, and control of the 
USD(P&R), shall develop policy and set standards for managing contract 
linguist capabilities supporting the total force to

[[Page 81812]]

include requirements for linguists and tracking linguist and role 
players to ensure that force readiness and security requirements are 
met.
    (i) The Director, Defense Manpower Data Center (DMDC), under the 
authority, direction, and control of the USD(P&R), through the 
Director, DoD Human Resources Activity, shall:
    (1) Serve as the central repository of information for all 
historical data on contractor personnel who have been issued common 
access cards (CAC) and are included in SPOT or its successor, that is 
to be archived.
    (2) Ensure all data elements of SPOT or its successor to be 
archived are USD(P&R)-approved and DMDC-system compatible, and ensure 
the repository is protected at a level commensurate with the 
sensitivity of the information contained therein.
    (j) The Under Secretary of Defense (Comptroller)/Chief Financial 
Officer (USD(C)/CFO), DoD, shall develop policy addressing the 
reimbursement of funds for qualifying medical support received by 
contingency contractor personnel in applicable contingency operations.
    (k) The Secretaries of the Military Departments and the Directors 
of the Defense Agencies and DoD Field Activities shall incorporate this 
part into applicable policy, doctrine, programming, training, and 
operations and ensure:
    (1) Assigned contracting activities populate SPOT with the required 
data in accordance with Assistant Secretary of Defense for Logistics 
and Materiel Readiness Publication, ``Business Rules for the 
Synchronized Predeployment and Operational Tracker (SPOT),'' current 
edition (see https://www.acq.osd.mil/log/PS/spot.html) and that 
information has been reviewed for security and operational security 
(OPSEC) concerns in accordance with paragraph (c)(3)(ii)(E) of Sec.  
158.6.
    (2) CAAF meet all theater and/or joint operational area (JOA) 
admission procedures and requirements prior to deploying to or entering 
the theater or JOA.
    (3) Contracting officers include in the contract:
    (i) Appropriate terms and conditions and clause(s) in accordance 
with 48 CFR 252.225-7040 and 48 CFR PGI 225.74.
    (ii) Specific deployment and theater admission requirements 
according to 48 CFR 252.225-7040 and 48 CFR PGI 225.74, and the 
applicable CCDR Web sites.
    (iii) Specific medical preparation requirements according to 
paragraph (c)(8) of Sec.  158.6.
    (iv) The level of protection to be provided to contingency 
contractor personnel in accordance with paragraph (d)(5) of Sec.  
158.6. Contracting officers shall follow the procedures on the 
applicable CCDR Web sites to obtain theater-specific requirements.
    (v) Government-furnished support and equipment to be provided to 
contractor personnel with prior coordination and approval of theater 
adjudication authorities, as referenced on the applicable CCDR Web 
sites.
    (vi) A requirement for contractor personnel to show and have 
verified by the COR, proof of professional certifications/proficiencies 
as stipulated in the contract.
    (4) Standardized contract accountability financial and oversight 
processes are developed and implemented.
    (5) Requirements packages are completed to include all required 
documentation (e.g., letter of justification, performance work 
statement, nominated COR, independent Government estimate (IGE)) are 
completed and funding strategies are articulated and updated as 
required.
    (6) CORs are planned for, resourced, and sustained as necessary to 
ensure proper contract management capabilities are in place and 
properly executed.
    (7) Assigned contracting activities plan for, and ensure the 
contractor plans for, the resources necessary to implement and sustain 
contractor accountability in forward areas through SPOT or its 
successor.
    (8) Contract support integration plans (CSIPs) and contractor 
management plans (CMPs) are developed as directed by the supported 
CCDR.
    (9) The risk of premature loss of mission-essential OCS is assessed 
and the mitigation of the loss of contingency contractor personnel in 
wartime or contingency operations who are performing essential 
contractor services is properly planned for.
    (10) Assigned contracting activities comply with theater business 
clearance and contract administration delegation policies and processes 
when implemented by CCDRs to support any phase of a contingency 
operation.
    (11) Agency equities are integrated and conducted in concert with 
the CCDR's plans for OCS intelligence of the battlefield.
    (12) The implementation of a certification of, and a waiver process 
for, contractor-performed deployment and redeployment processing in 
lieu of a formally designated group, joint, or Military Department 
deployment center.
    (13) Support the effort to resource the OCS toolset under the lead 
of the DASD(PS) pursuant to paragraph (c)(6)(ii) of this section.
    (l) The CJCS shall:
    (1) Where appropriate, incorporate program management and elements 
of this part into joint doctrine, joint instructions and manuals, joint 
training, joint education, joint capability development, joint 
strategic planning system (e.g., Joint Operation Planning and Execution 
System (JOPES)), and CCDR oversight.
    (2) Co-chair with the VDJ4 the OCS FCIB to lead and coordinate OCS 
with OSD, Military Department, and Defense Agency senior procurement 
officers in accordance with OCS FCIB charter. Provide the OCS FCIB with 
input and awareness of the CJCS functions and activities as defined in 
10 U.S.C. 153 and 155.
    (3) Perform OCS related missions and functions as outlined in the 
Joint Staff Manual 5100.01 \1\ and the Chairman's authorities as 
defined in 10 U.S.C. (see https://uscode.house.gov/download/title_10.shtml).
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    \1\ This document is classified Restricted, and is available via 
Secure Internet Protocol Router Network at https://js.smil.mil. If 
the requester is not an authorized user of the classified network 
the requestor should contact Joint Staff J-1 at (703) 697-9645.
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    (m) The geographic CCDRs and the CDRUSSOCOM (when they are the 
supported commander) shall:
    (1) Plan and execute OCS program management, contract support 
integration, and contractor management actions in all applicable 
contingency operations in their AOR.
    (2) Conduct integrated planning to determine and synchronize 
contract support requirements to facilitate OCS planning and 
contracting and contractor management oversight.
    (3) In coordination with the Services and functional components, 
identify military capabilities shortfalls in all the joint warfighting 
functions that require contracted solutions. Ensure these requirements 
are captured in the appropriate CCDR, subordinate JFC, Service 
component and combat support agency CSIP or other appropriate section 
of the CONPLAN with time-phased force and deployment data (TPFDD), 
OPLAN or operation order (OPORD).
    (4) Require Service component commanders and supporting Defense 
Agencies and DoD Field Activities to:
    (i) Identify and incorporate contract support and operational 
acquisition requirements in supporting plans to OPLANs and CONPLANs 
with TPFDD, and to synchronize their supporting

[[Page 81813]]

CSIPs, CMPs, and contracted requirements and execution plans within 
geographic CCDR OPLANs and CONPLANs with TPFDD.
    (ii) Review their supporting CSIPs and CMPs and identify funding 
strategies for particular contracted capabilities identified to support 
each OPLAN and CONPLAN.
    (iii) Develop acquisition-ready requirements documents as 
identified in CSIPs including performance work statements, IGEs, task 
order change documents, and sole source justifications.
    (iv) Ensure CAAF and their equipment are incorporated into TPFDD 
development and deployment execution processes in accordance with CJCS 
Manual 3122.02C, JOPES Volume III, ``Crisis Action Time-Phased Force 
and Deployment Data Development and Deployment Execution,'' June 19, 
2006.
    (v) Ensure financial management policies and procedures are in 
place in accordance with DoD 7000.14-R (see https://comptroller.defense.gov/fmr/) and applicable service specific financial 
management implementation guidance.
    (5) Develop and publish comprehensive OCS plans. Synchronize OCS 
requirements among all Service components and Defense Agencies and DoD 
Field Activities operating within or in support of their area of 
responsibility (AOR). Optimize operational unity of effort by analyzing 
existing and projected theater support and external support contracts 
to minimize, reduce, and eliminate redundant and overlapping 
requirements and contracted capabilities.
    (6) Ensure OCS requirements for the Defense Agencies, multinational 
partners, and other Governmental agencies are addressed and priorities 
of effort for resources are deconflicted and synchronized with OCS to 
military forces.
    (7) Ensure policies and procedures are in place for reimbursing 
Government-furnished support of contingency contractor personnel, 
including (but not limited to) subsistence, military air, intra-theater 
lift, and medical treatment, when applicable.
    (8) Ensure CAAF and equipment requirements (regardless if provided 
by the Government or the contractor) in support of an operation are 
incorporated into plan TPFDDs.
    (9) Review Service component assessments of the risk of premature 
loss of essential contractor services and review contingency plans to 
mitigate potential premature loss of essential contractor services.
    (10) Establish and communicate to contracting officers theater and/
or JOA CAAF admission procedures and requirements, including country 
and theater clearance, waiver authority, immunizations, required 
training or equipment, and any restrictions necessary to ensure proper 
deployment, visibility, security, accountability, and redeployment of 
CAAF to their AORs and/or JOAs. Implement DoD Foreign Clearance Guide, 
current edition (available at https://www.fcg.pentagon.mil/).
    (11) Coordinate with the Office of the USD(P) to ensure special 
area, country, and theater personnel clearance requirements are current 
in accordance with DoD Foreign Clearance Guide, and coordinate with 
affected agencies (e.g., Intelligence Community agencies) to ensure 
that entry requirements do not impact mission accomplishment.
    (12) Determine and distribute specific theater OCS organizational 
guidance in plans, to include command, control, and coordination, and 
Head Contracting Authority (HCA) relationships.
    (13) Develop and distribute AOR/JOA-wide contractor management 
requirements, directives, and procedures into a separate contractor 
management plan as an annex or the appropriate section of the 
appropriate plan.
    (14) Establish, staff, and execute appropriate OCS-related boards, 
centers, and working groups.
    (15) Integrate OCS into mission rehearsals and training exercises.
    (16) When contracts are being or will be executed in an AOR/JOA, 
designate and identify the organization responsible for managing and 
prescribing processes to:
    (i) Establish procedures and assign authorities for adjudicating 
requests for provision of Government-furnished equipment and services 
to contractors when such support is operationally required. This should 
include procedures for communicating approval to the requiring activity 
and the contracting officer for incorporation into contracts.
    (ii) Authorize trained and qualified contractor personnel to carry 
weapons for personal protection not related to the performance of 
contract-specific duties.
    (iii) Establish procedures for, including coordination of, inter-
theater strategic movements and intra-theater operational and tactical 
movements of contractor personnel and equipment.
    (iv) Collect information on and refer to the appropriate Government 
agency offenses, arrests, and incidents of alleged misconduct committed 
by contractor personnel on or off-duty.
    (v) Collect and maintain information relating to CAAF and selected 
non-CAAF kidnappings, injuries, and deaths.
    (vi) Identify the minimum standards for conducting and processing 
background checks, and for issuing access badges to HN, LN, and TCN 
personnel employed, directly or indirectly, through Government-awarded 
contracts.
    (vii) Remove CAAF from the designated operational area who do not 
meet medical deployment standards, whose contract period of performance 
has expired, or who are noncompliant with contract requirements.
    (viii) Designate additional contractor personnel not otherwise 
covered by personnel recovery policy for personnel recovery support in 
accordance with DoD Directive 3002.01E.
    (ix) Ensure that contract oversight plans are developed, and that 
adequate personnel to assist in contract administration are identified 
and requested, in either a separate contractor management plan as an 
annex of plans and orders and/or within appropriate parts of plans and 
orders.
    (x) Develop a security plan for the protection of contingency 
contractor personnel according to paragraph (d)(5) of Sec.  156.8.
    (xi) Develop and implement theater business clearance and, if 
required, Contract Administration Delegation policies and procedures to 
ensure visibility of and a level of control over systems support and 
external support contracts providing or delivering contracted support 
in contingency operations.
    (17) Enforce the individual arming policy and use of private 
security contractors in accordance with 32 CFR part 159 and DoD 
Directive 5210.56 (see https://www.dtic.mil/whs/directives/corres/pdf/521056p.pdf).
    (18) Establish a process for reviewing exceptions to medical 
standards (waivers) for the conditions in paragraph (j) of Sec.  158.7, 
including a mechanism to track and archive all approved and denied 
waivers and the medical conditions requiring waiver. Additionally, 
serve as the final approval/disapproval authority for all exceptions to 
this policy, except in special operations where the Theater Special 
Operations Command (TSOC) commander has the final approval or 
disapproval authority.
    (19) Establish mechanisms for ensuring contractors are required to 
report offenses alleged to have been committed by or against contractor 
personnel to appropriate investigative authorities.
    (20) Assign responsibility for providing victim and witness 
protection

[[Page 81814]]

and assistance to contractor personnel in connection with alleged 
offenses.
    (21) Ensure applicable predeployment, deployment, in-theater 
management, and redeployment guidance and procedures are readily 
available and accessible by planners, requiring activities, contracting 
officers, contractors, contractor personnel and other interested 
parties on a Web page, and related considerations and requirements are 
integrated into contracts through contract terms, consistent with 
security considerations and requirements.
    (22) Ensure OCS preparation of the battlefield is vetted with 
intelligence agencies when appropriate.
    (23) Integrate OCS planning with operational planning across all 
primary and special staff sections.
    (n) The functional CCDRs utilizing OCS shall ensure their Commands 
follow the procedures in this part and applicable operational-specific 
guidance provided by the supported geographic CCDR.


Sec.  158.6  Procedures.

    (a) Requirements, Relationships, and Restrictions. In implementing 
this part, the Heads of DoD Components shall abide by applicable laws, 
regulations, DoD policy, and international agreements as they relate to 
contractor personnel supporting applicable contingency operations.
    (1) Status of Contractor Personnel.
    (i) Pursuant to applicable law, contracted services may be utilized 
in applicable contingency operations for all functions not inherently 
governmental. Contractor personnel may be utilized in support of such 
operations in a non-combat role as long as contractor personnel 
residing with the force in foreign contingencies have been designated 
as CAAF by the force they accompany and are provided with an 
appropriate identification card pursuant to the Geneva Convention 
Relative to the Treatment of Prisoners of War (see https://www.icrc.org/ihl.nsf/FULL/375). If captured during international armed conflict, 
contractors with CAAF status are entitled to prisoner of war status. 
Some contractor personnel may be covered by the Geneva Convention 
Relative to the Protection of Civilian Persons in Time of War (see 
https://www.icrc.org/ihl.nsf/385ec082b509e76c41256739003e636d/6756482d86146898c125641e004aa3c5) should they be captured during armed 
conflict. All contractor personnel may be at risk of injury or death 
incidental to enemy actions while supporting military operations. CAAF 
status does not apply to contractor personnel supporting domestic 
contingencies.
    (ii) Contractor personnel may support applicable contingency 
operations such as by providing communications support; transporting 
munitions and other supplies; performing maintenance functions for 
military equipment; providing private security services; providing 
foreign language interpretation and translation services, and providing 
logistic services such as billeting and messing. Each service to be 
performed by contractor personnel in applicable contingency operations 
shall be reviewed on a case-by-case basis in consultation with the 
cognizant manpower official and servicing legal office to ensure 
compliance with DoD Instruction 1100.22 and relevant laws and 
international agreements.
    (2) Local and Third-Country Laws. Subject to the application of 
international agreements, all contingency contractor personnel must 
comply with applicable local and third country laws. Contractor 
personnel may be hired from U.S., LN, or third country sources and 
their status may change (e.g., from non-CAAF to CAAF), depending on 
where they are detailed to work by their employer or on the provisions 
of the contract. The CCDRs, as well as subordinate commanders and 
Service component commanders, and the Directors of the Defense Agencies 
and DoD Field Activities should be cognizant of limiting factors 
regarding the employment of LN and TCN personnel. Limiting factors may 
include imported labor worker permits; workforce and hour restrictions; 
medical, life, and disability insurance coverage; taxes, customs, and 
duties; cost of living allowances; hardship differentials; access to 
classified information; and hazardous duty pay.
    (3) U.S. Laws. CAAF, with some exceptions, are subject to U.S. laws 
and Government regulations. For example, all U.S. citizen and TCN CAAF 
may be subject to prosecution pursuant to Federal law including, but 
not limited to, 18 U.S.C. 3261 (also known and hereinafter referred to 
as ``The Military Extraterritorial Jurisdiction Act of 2000 (MEJA), as 
amended''). MEJA extends U.S. Federal criminal jurisdiction to certain 
defense contractor personnel for offenses committed outside U.S. 
territory. Additionally, CAAF are subject to prosecution pursuant to 10 
U.S.C. chapter 47 (also known and hereinafter referred to as ``The 
Uniform Code of Military Justice (UCMJ)'') in accordance with Secretary 
of Defense Memorandum (``UCMJ Jurisdiction Over DoD Civilian Employees, 
DoD Contractor Personnel, and Other Persons Serving With or 
Accompanying the Armed Forces Overseas During Declared War and in 
Contingency Operations,'' March 10, 2008). Other laws may allow 
prosecution of offenses by contactor personnel, such as 18 U.S.C. 7(9). 
Immediate consultation with the servicing legal office and the 
contracting officer is required in all cases of suspected MEJA and/or 
UCMJ application to conduct by CAAF personnel, especially in non-combat 
operations or in undeclared contingencies.
    (4) Contractual Relationships. The contract is the only legal basis 
for the relationship between the DoD and the contractor. The contract 
shall specify the terms and conditions, to include minimum acceptable 
professional standards, under which the contractor is to perform, the 
method by which the contractor will be notified of the deployment 
procedures to process contractor personnel, and the specific support 
relationship between the contractor and the DoD. The contract shall 
contain standardized clauses to ensure efficient deployment, 
accountability, visibility, protection, authorized levels of health 
service, and other support, sustainment, and redeployment of contractor 
personnel. It shall also specify the appropriate flow-down of 
provisions and clauses to subcontracts, and shall state that the 
service performed by contractor personnel is not considered to be 
active duty or active service in accordance with DoD Directive 1000.20 
(see https://www.dtic.mil/whs/directives/corres/pdf/100020p.pdf) and 38 
U.S.C. 106.
    (5) Restrictions on Contracting Inherently Governmental Functions. 
Inherently governmental functions and duties are barred from private 
sector performance in accordance with DoD Instruction 1100.22, 48 CFR 
207.503, 48 CFR 7.5, Public Law (Pub. L.) 105-270, and Office of 
Management and Budget Circular A-76 (see https://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction). As required by 48 CFR 
7.503(e), 48 CFR 207.503, and Deputy Secretary of Defense Memorandum, 
``In-sourcing Contracted Services--Implementation Guidance'' dated May 
28, 2009, contracting officials shall request requiring officials to 
certify in writing that functions to be contracted (or to continue to 
be contracted) are not inherently governmental. Requiring officials 
shall determine whether functions are inherently governmental based on 
the guidance in DoD Instruction 1100.22.

[[Page 81815]]

    (6) Restrictions on Contracting Functions Exempted From Private 
Sector Performance. As required by 48 CFR 207.503 and Deputy Secretary 
of Defense Memorandum, ``In-sourcing Contracted Services--
Implementation Guidance,'' May 28, 2009, contracting officials shall 
request requiring officials to certify in writing that functions to be 
contracted (or continue to be contracted) are not exempted from private 
sector performance. Requiring officials shall determine whether 
functions are exempted from private sector performance based on the 
guidance in DoD Instruction 1100.22.
    (7) Requirements for Contracting Commercial Functions. As required 
by 10 U.S.C. 2463 and Deputy Secretary of Defense Memorandum, ``In-
sourcing Contracted Services--Implementation Guidance,'' in advance of 
contracting for commercial functions or continuing to contract for 
commercial functions, requiring officials shall consider using DoD 
civilian employees to perform the work. Requiring officials shall 
determine whether DoD civilian employees should be used to perform the 
work based on the guidance in Deputy Secretary of Defense Memorandum, 
``In-sourcing Contracted Services--Implementation Guidance'' and Deputy 
Secretary of Defense Memorandum ``Implementation of Section 324 of the 
National Defense Authorization Act for Fiscal Year 2008 (FY 2008 
NDAA)--Guidelines and Procedures on In-Sourcing New and Contracted Out 
Functions,'' April, 4, 2008.
    (8) International Laws, Local Laws, and Host Nation (HN) Support 
Agreements. Planners and requiring activities, in coordination with 
contracting officers shall take international laws, local laws, and HN 
support agreements into account when planning for contracted support, 
through assistance and coordination of the staff judge advocates (SJAs) 
office of the geographic CCDRs; the Commander, United States Special 
Operations Command (CDRUSSOCOM); the Commander, United States 
Transportation Command (CDRUSTRANSCOM); and the Service component 
commander SJA offices. These laws and support agreements may affect 
contracting by restricting the services to be contracted, limiting 
contracted services to LN or HN contractor sources or, in some cases, 
by prohibiting contractor use altogether.
    (9) Status-of-Forces Agreements (SOFAs). Planners and requiring 
activities, in coordination with contracting officers shall review 
applicable SOFAs and related agreements to determine their affect on 
the status and use of contractors in support of applicable contingency 
operations, with the assistance and coordination of the geographic CCDR 
SJA offices.
    (b) OCS Planning. Combatant and subordinate JFCs determine whether 
contracted support capabilities are appropriate in support of a 
contingency. When contractor personnel and equipment are anticipated to 
support military operations, military planners will develop 
orchestrated, synchronized, detailed, and fully developed CSIPs and 
CMPs as components CONPLANs and OPLANs, in accordance with appropriate 
strategic planning guidance. CONPLANS without TPFDD and OPORDs shall 
contain CSIP- and CMP-like guidance to the extent necessary as 
determined by the CCDR. OCS planning will, at a minimum, consider HN 
support agreements, acquisition cross-servicing agreements, and 
Military logistics support agreements.
    (1) CSIPs. All CCDR CONPLANs with TPFDD and OPLANs shall include a 
separate CSIP (i.e., Annex W) in accordance with Chairman of the Joint 
Chiefs of Staff Manual 3122.02C and Joint Publication 4-0, ``Joint 
Logistics,'' July 18, 2008. Further, plans and orders should contain 
additional contract support guidance, as appropriate, in applicable 
annexes and appendixes within the respective plans (e.g., contracted 
bulk fuel support guidance should be addressed in the Class III(B) 
Appendix to the Logistic Annex). Service component commanders shall 
provide supporting CSIPs as directed by the CCDR.
    (2) CMPs. All CCDR CONPLANs with TPFDD and OPLANs shall include a 
separate CMP and/or requisite contractor management requirements 
document in the applicable appendix or annex of these plans (e.g., 
private security contractor rules for the use of force should be 
addressed in the Rules of Engagement Appendix to the Concept of the 
Operation Annex) in accordance with Chairman of the Joint Chiefs of 
Staff Manual 3122.02C and Joint Publication 4-0, ``Joint Logistics,'' 
July 18, 2008. Service component commanders shall provide supporting 
CMPs as directed by the CCDR.
    (3) Continuation of Essential Contractor Services. To ensure that 
critical capabilities are maintained, it is necessary to assess the 
risk of premature loss of mission-essential contracted support. 
Supported and supporting commanders shall plan for the mitigation from 
the risk of premature loss of contingency contractor personnel who are 
performing essential contractor services. Planning for continuation of 
essential contractor services during applicable contingency operations 
includes:
    (i) Determining all services provided overseas by defense 
contractors that must continue during an applicable contingency 
operation. Contracts shall obligate defense contractors to ensure the 
continuity of essential contractor services during such operations.
    (ii) Developing mitigation plans for those tasks identified as 
essential contractor services to provide reasonable assurance of 
continuation during crisis conditions. These mitigation plans should be 
developed as part of the normal CSIP development process.
    (iii) Ensuring the Secretaries of the Military Departments and the 
geographic CCDRs plan for the mitigation from the risk of premature 
loss of contingency contractor personnel who are performing essential 
contractor services. When the cognizant DoD Component Commander or 
geographic CCDR has a reasonable doubt about the continuation of 
essential services by the incumbent contractor during applicable 
contingency operations, the commander shall prepare a mitigation plan 
for obtaining the essential services from alternative sources 
(military, DoD civilian, HN, or other contractor(s)). This planning 
requirement also applies when the commander has concerns that the 
contractor cannot or will no longer fulfill the terms of the contract:
    (A) Because the threat level, duration of hostilities, or other 
factors specified in the contract have changed significantly;
    (B) Because U.S., international, or local laws; HN support 
agreements; or SOFAs have changed in a manner that affect contract 
arrangements; or
    (C) Due to political or cultural reasons.
    (iv) Encouraging contingency contractor personnel performing 
essential contractor services overseas to remain in the respective 
operations area.
    (4) Requirements for Publication. CCDRs shall make OCS planning 
factors, management policies, and specific contract support 
requirements available to affected contingency contractor personnel. To 
implement the OCS-related requirements of DoD Directive 1100.4 (see 
https://www.dtic.mil/whs/directives/corres/pdf/110004p.pdf), DoD 
Instruction 1100.19 (see https://www.dtic.mil/whs/directives/corres/pdf/110019p.pdf), DoD Directive 5205.02 (see https://www.dtic.mil/whs/directives/corres/pdf/520502p.pdf), the mandated CCDR Web site at 
https://

[[Page 81816]]

www.acq.osd.mil/dpap/pacc/cc/areas_of_responsibility.html shall 
include the information in paragraphs (b)(4)(i) through (b)(4)(ix) of 
this section (the data owner must review this information for security 
classification and OPSEC considerations prior to its postin