Defense Federal Acquisition Regulation Supplement: Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States (DFARS Case 2013-D015), 65244-65248 [2013-25731]
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65244
Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules
response to the NPRM. OSHA is
extending the deadline for submitting
notices of intention to appear at the
hearings by 30 days to December 12,
2013; the deadline for submitting
written comments and testimony by 47
days to January 27, 2014; and the
commencement of the hearings by two
weeks to now begin March 18, 2014 in
order to allow additional time for
interested parties to review the
proposed measures; submit their notices
of intention to appear, comments and
testimony; and prepare for the public
hearings.
Authority and Signature: This
document was prepared under the
direction of David Michaels, Ph.D.,
MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210,
pursuant to sections 4, 6, and 8 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 657); section
107 of the Contract Work Hours and
Safety Standards Act (the Construction
Safety Act) (40 U.S.C. 333); section 41
of the Longshore and Harbor Worker’s
Compensation Act (33 U.S.C. 941);
Secretary of Labor’s Order No. 1–2012
(77 FR 3912, January 25, 2012); and 29
CFR part 1911.
Signed at Washington, DC, on October 25,
2013.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2013–25863 Filed 10–30–13; 8:45 am]
BILLING CODE 4510–26–P
ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Part 1192
[Docket No. ATBCB–2013–0001]
RIN 3014–AA42
Rail Vehicles Access Advisory
Committee
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Notice of advisory committee
meeting.
AGENCY:
The Rail Vehicles Access
Advisory Committee (Committee) will
hold its first meeting. We, the
Architectural and Transportation
Barriers Compliance Board (Access
Board), established the Committee to
advise us on revising and updating our
accessibility guidelines issued pursuant
to the Americans with Disabilities Act
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SUMMARY:
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for transportation vehicles that operate
on fixed guideway systems (e.g., rapid
rail, light rail, commuter rail, intercity
rail, and high speed rail). The original
first meeting, previously scheduled for
October 15 and 16, 2013, did not occur
due to the federal government
shutdown.
The Committee will meet on
November 13, 2013, from 10:00 a.m. to
5:00 p.m. and on November 14, 2013,
from 9:00 a.m. to 3:00 p.m.
ADDRESSES: The meeting will be held at
the Access Board Conference Room,
1331 F Street NW., Suite 800,
Washington, DC 20004–1111. Call-in
information and a communication
access real-time translation (CART) web
streaming link will be posted on the
Access Board’s Rail Vehicles Access
Advisory Committee Web site page at
www.access-board.gov/rvaac.
FOR FURTHER INFORMATION CONTACT: Paul
Beatty, Office of Technical and
Information Services, Access Board,
1331 F Street NW., Suite 1000,
Washington, DC 20004–1111.
Telephone number (202) 272–0012
(Voice); (202) 272–0072 (TTY).
Electronic mail address: rvaac@accessboard.gov.
DATES:
On May
23, 2013, we published a notice
establishing a Rail Vehicles Access
Advisory Committee (Committee) to
make recommendations to us on matters
associated with revising and updating
our accessibility guidelines issued
pursuant to the Americans with
Disabilities Act for transportation
vehicles that operate on fixed guideway
systems (e.g., rapid rail, light rail,
commuter rail, intercity rail, and high
speed rail). See 78 FR 30828 (May 23,
2013).
The Committee will hold its first
meeting on November 13, 2013, from
10:00 a.m. to 5:00 p.m. and on
November 14, 2013, from 9:00 a.m. to
3:00 p.m. (the original first meeting,
previously scheduled in October 15 and
16, 2013, did not occur due to the
federal government shutdown). The
agenda for the November meeting
includes initial remarks, introduction of
Committee members, consideration of
the Committee’s charter and operating
procedures, discussion of administrative
issues (including establishment of
future meeting dates and consideration
of adding additional committee
members), and discussion of issues for
potential consideration by the
Committee. The preliminary meeting
agenda, along with information about
the Committee, is available on our Web
site (www.access-board.gov/rvaac).
SUPPLEMENTARY INFORMATION:
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Committee meetings will be open to
the public and interested persons can
attend the meetings and communicate
their views. Members of the public will
have opportunities to address the
Committee on issues of interest to them
during public comment periods
scheduled on each day of the meeting.
Members of groups or individuals who
are not members of the Committee may
also have the opportunity to participate
in subcommittees if subcommittees are
formed.
The meetings will be accessible to
persons with disabilities. An assistive
listening system, communication access
real-time translation (CART), and sign
language interpreters will be provided.
Persons attending the meetings are
requested to refrain from using perfume,
cologne, and other fragrances for the
comfort of other participants (see
www.access-board.gov/the-board/
policies/fragrance-free-environment for
more information).
Persons wishing to provide handouts
or other written information to the
Committee are requested to provide
electronic formats to Paul Beatty via
email at least two business days prior to
the meetings so that alternate formats
can be distributed to Committee
members.
David M. Capozzi,
Executive Director.
[FR Doc. 2013–25383 Filed 10–30–13; 8:45 am]
BILLING CODE 8150–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 225, 237, 242, and
252
RIN 0750–AI01
Defense Federal Acquisition
Regulation Supplement: Contractor
Personnel Supporting U.S. Armed
Forces Deployed Outside the United
States (DFARS Case 2013–D015)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
align it with revisions to the DoD
Instruction on operational contract
support.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
SUMMARY:
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Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules
December 30, 2013, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2013–D015,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2013–D015’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2013–
D015.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2013–
D015’’ on your attached document.
Æ Email: dfars@osd.mil. Include
DFARS Case 2013–D015 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Meredith
Murphy, OUSD(AT&L)DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, Defense Acquisition
Regulations System, OUSD
(AT&L)DPAP/DARS, Room 3B855, 3060
Defense Pentagon, Washington, DC
20301–3060. Telephone 571–372–6098;
facsimile 571–372–6101.
SUPPLEMENTARY INFORMATION:
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I. Background
DoD is proposing to amend the
DFARS to revise and update the
prescription and the clause at DFARS
252.225–7040, currently titled
‘‘Contractor Personnel Authorized to
Accompany U.S. Armed Forces
Deployed Outside the United States,’’ to
align it with the changes in
applicability, terminology, and other
revisions made by Department of
Defense Instruction (DoDI) 3020.41,
entitled ‘‘Operational Contract Support
(OCS).’’ The DoDI was published as an
interim rule for public comment and
subsequently was published as a final
rule on July 1, 2012.
The revisions to DoDI 3020.41
establish policy, assign responsibilities,
and provide procedures for OCS,
including OCS program management,
contract support integration, and
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integration of defense contractor
personnel into contingency operations
outside the United States. Additions to,
and clarifications of, terminology aid in
determining which groups qualify for
different types of Government support
and are based on improvements in
practices and lessons learned in recent
contingency operations.
II. Discussion and Analysis
New definitions are proposed to be
added to the clause at 252.225–7040.
These include ‘‘contractors authorized
to accompany the Force’’ (CAAF), ‘‘nonCAAF,’’ and ‘‘designated reception
site.’’ These definitions are considered
important clarifications as to
requirements, status, and entitlement to
use facilities. One new element of the
proposed rule is the statement at
paragraph (b)(3) of the clause that,
‘‘when armed for personal protection,
contractor personnel are only
authorized to use force for personal
protection.’’ This would not be a new
policy; rather, it would be a clear,
concise statement of the existing policy.
The new clause title is proposed to be
‘‘Contractor Personnel Supporting U.S.
Armed Forces Deployed Outside the
United States,’’ and the new clause
prescription, at DFARS 225.7402–5(a),
adds ‘‘As directed by the Secretary of
Defense’’ to the list of circumstances in
which the clause is applicable.
The clause addresses at paragraph (c)
the types of support available for CAAF
personnel and the requirement to have
a letter of authorization signed by the
contracting officer prior to deployment
for each CAAF. In the past, the
provision of non-emergency medical
and dental care to CAAF personnel has
generated considerable confusion. The
proposed revision to paragraph (c)
would make it clear that only
emergency medical and dental care will
be provided and only when the CAAF
individual is injured while supporting
applicable operations. In certain cases,
non-emergency care may be provided by
field hospital staff, but the contractor
will be billed for that non-emergency
care.
The predeployment requirements for
CAAF personnel would be clarified in
paragraph (e) of the clause. In the past,
there was some ambiguity about which
requirements could be fulfilled once the
individual was in theater and which
requirements had to be completed prior
to deployment, i.e. during
predeployment screening.
The requirements for and use of
personnel data are covered at paragraph
(g) of the clause. Contractors are
required to use the Synchronized
Predeployment and Operational Tracker
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65245
(SPOT) system to enter and maintain
data on their CAAF and non-CAAF
personnel (as designated by USD
(AT&L) or the combatant commander)
supporting deployed U.S. Armed Forces
outside the United States. The purpose
of SPOT is to provide the Combatant
Commander with accurate, real-time
information on all personnel within
specified geographic combatant
command operations areas. In the past,
some contractors did not maintain
current information on their personnel
in SPOT. The proposed revisions to
paragraph (e) of the clause would make
a contractor’s on-going SPOT
maintenance requirements clear and
specific.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because it impacts only
businesses providing direct support to
U.S. Armed Forces that are deployed
outside the United States. However, an
initial regulatory flexibility analysis has
been performed and is summarized as
follows:
This rule proposes to update the
clause at DFARS 252.225–7040 and its
prescription to align the DFARS with
the changes in applicability,
terminology, and other revisions made
by Department of Defense Instruction
(DoDI) 3020.41, entitled Operational
Contract Support (OCS). The DoDI
‘‘establishes policy, assigns
responsibilities, and provides
procedures for OCS, including OCS
program management, contract support
integration, and integration of defense
contractor personnel into contingency
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Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules
operations outside the United States
. . .’’ (DoDI 3020.41, section 1.a.).
The proposed rule will impact small
businesses with personnel who provide
direct support to U.S. Armed Forces
personnel deployed outside the United
States. Given the concerted effort by the
United States to procure products and
services from local vendors (see, e.g.,
sections 841 and 842 of the National
Defense Authorization Act for Fiscal
Year 2013, entitled ‘‘Extension and
Expansion of Authority to Acquire
Products and Services Produced in
Countries Along a Major Route of
Supply to Afghanistan’’ and ‘‘Limitation
on Authority to Acquire Products and
Services Produced in Afghanistan,’’
respectively.), the impact on U.S. small
businesses should be minimal. DoD
estimated, in its Paperwork Reduction
Act estimate for SPOT, that up to 1,300
companies ultimately could be
supporting U.S. Armed Forces deployed
outside the United States.
Approximately 20 percent of these
companies are non-U.S. firms (and
therefore are not categorized as either
small or large), and approximately 20
percent of the U.S. companies are small
businesses, i.e. approximately 200 small
businesses.
However, for those small businesses
that do have personnel deployed in
support of U.S. Armed Forces deployed
outside the United States, the
recordkeeping and reporting
requirements are minimal. The specific
requirements are included in paragraph
(g) of the clause at DFARS 252.225–
7040. The contractor is required to use
the web-based Synchronized
Predeployment and Operational Tracker
(SPOT) system to enter and maintain the
data for its CAAF and designated nonCAAF personnel supporting deployed
U.S. Armed Forces outside the United
States. The purpose of the SPOT system
is to enable DoD to keep track of all
persons deployed in contingency zones.
The information must be entered in
SPOT prior to deployment and must be
updated during the performance period
of the contract as necessary to maintain
accurate, up-to-date information.
Changes to status of individual
contractor personnel relating to their intheater arrival date and their duty
location, to include closing out the
deployment with their proper status
(e.g. mission complete, killed,
wounded) is annotated within the SPOT
database.
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
The requirement to use the SPOT
database is not new to this case. It has
been in place for several years and is
applied to all sizes of businesses that
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have personnel deployed in a
contingency operation. The SPOT
database can be accessed with a laptop
and is user friendly to encourage realtime updates of the information
provided.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2013–D015), in
correspondence.
The rule contains information
collection requirements that require the
approval of the Office of Management
and Budget under the Paperwork
Reduction Act (44 U.S.C chapter 35;
however, these changes to the DFARS
do not impose additional information
collection requirements to the
paperwork burden previously approved
under OMB Control Number 0704–0460,
entitled ‘‘Synchronized Predeployment
and Operational Tracker (SPOT)
System,’’ in accordance with the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 212,
225, 237, 242, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR parts 212, 225, 237, 242, and 252
as follows:
■ 1. The authority citation for 48 CFR
parts 212, 225, 237, 242, and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
2. Section 212.301 is amended by
revising paragraph (f)(xxxix) to read as
follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(xxxix) Use the clause at 252.225–
7040, Contractor Personnel Supporting
U.S. Armed Forces Deployed Outside
the United States, as prescribed in
225.7402–5(a).
*
*
*
*
*
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225.7402
[Amended]
3. Section 225.7402 heading is
amended by removing the phrase
‘‘authorized to accompany’’ and adding
the word ‘‘supporting’’ in its place.
■ 4. Section 225.7402–2 is revised to
read as follows:
■
225.7402–2
Definition.
Designated operational area is
defined in the clause at 252.225–7040.
See PGI 225.7402–2 for additional
information on designated operational
areas.
■ 4. Section 225.7402–5(a) is revised to
read as follows:
225.7402–5
V. Paperwork Reduction Act
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PART 225—FOREIGN ACQUISITION
Contract clauses.
(a) Use the clause at 252.225–7040,
Contractor Personnel Supporting U.S.
Armed Forces Deployed Outside the
United States, instead of the clause at
FAR 52.225–19, Contractor Personnel in
a Designated Operational Area or
Supporting a Diplomatic or Consular
Mission Outside the United States, in
solicitations and contracts, including
solicitations and contracts using FAR
part 12 procedures for the acquisition of
commercial items, for performance in a
designated operational area that
authorize contractor personnel to
support U.S. Armed Forces deployed
outside the United States in—
(1) Contingency operations;
(2) Humanitarian assistance
operations;
(3) Other peace operations consistent
with Joint Publication 3–07.3;
(4) Other military operations or
military exercises, when designated by
the combatant commander; or
(5) As directed by the Secretary of
Defense.
*
*
*
*
*
PART 237—SERVICE CONTRACTING
237.171–4
[Amended]
5. Section 237.171–4(a) is amended by
removing ‘‘a Force’’ and adding ‘‘U.S.
Armed Forces’’ in its place.
■
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
242.302
[Amended]
6. Section 242.302(S–72) is amended
by removing the phrase ‘‘Authorized to
Accompany’’ and adding ‘‘Supporting’’
in its place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
7. Section 252.225–7040 is amended
by—
■
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Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules
a. Removing from the section heading
the phrase ‘‘Authorized to Accompany’’
and adding ‘‘Supporting’’ in its place;
■ b. Removing from the clause title the
phrase ‘‘Authorized to Accompany’’ and
adding in its place ‘‘Supporting;
■ c. Removing the clause date (FEB
2013) and adding ‘‘(OCT 2013)’’in its
place;
■ d. Adding to paragraph (a), in
alphabetical order, the definitions
‘‘contractors authorized to accompany
the Force’’, ‘‘designated reception site’’,
and ‘‘non-CAAF’’;
■ e. Revising paragraph (b);
■ f. Amending paragraph (c)(1)(ii) by
removing the word ‘‘shall’’ and adding
‘‘will’’ in its place;
■ g. Revising paragraph (c)(2)(i);
■ h. Amending paragraph (c)(2)(iii) by
removing the phrase ‘‘unless specified
elsewhere in this contract’’;
■ i. Removing paragraph (c)(3);
■ j. Redesignating paragraph (c)(4) as
(c)(3) and adding a new paragraph (c)(4);
■ k. Amending paragraph (d)(1)
introductory text by removing the
phrase ‘‘authorized to accompany’’ and
adding ‘‘supporting’’ in its place;
■ l. Amending paragraph (d)(3)
introductory text by removing the
phrase ‘‘contractor employees
accompanying’’ and adding ‘‘CAAF
supporting’’ in its place;
■ m. Amending paragraph (e)(1)
introductory text by removing the
phrase ‘‘personnel authorized to
accompany U.S. Armed Forces’’ and
adding ‘‘CAAF’’ in its place;
■ n. Revising paragraph (e)(1)(ii);
■ o. Amending paragraph (e)(1)(iii) by
removing the last sentence in the
paragraph and adding in its place
‘‘Contractor personnel shall return all
U.S. Government issued identification,
to include the Common Access Card, to
appropriate U.S. Government
authorities at the end of their
deployment.’’;
■ p. Amending paragraph (e)(1)(iv) by
removing ‘‘Contractor personnel’’ and
adding ‘‘For this purpose, CAAF’’ in its
place and adding the word ‘‘contractor’’
after the word ‘‘non-DoD’’;
■ q. Adding paragraphs (e)(2)(v) and
(vi);
■ r. Amending paragraph (f)
introductory text by removing the words
‘‘Deployed Contractor’’ and adding
‘‘(CAAF)’’ in its place;
■ s. Amending paragraph (f)(3) by—
■ i. Removing the word ‘‘Joint’’ and
adding ‘‘designated’’ in its place;
■ ii. Removing the words ‘‘Center (JRC)’’
and adding ‘‘site (DRS)’’ in its place;
and
■ iii. Removing ‘‘JRC’’ and adding
‘‘DRS’’ in its place.
■ t. Revising paragraph (g);
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■
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u. Revising paragraph (h);
v. Amending paragraph (j)—
i. In paragraph (j)(1), by removing
‘‘authorized to carry weapons, the
request’’ and adding ‘‘authorized to
carry weapons for personal protection,
the request’’ in its place, and removing
‘‘, paragraph 6.3.4.1 or, if the contract is
for security services, paragraph 6.3.5.3’’;
■ ii. By adding paragraphs (j)(3)(iv) and
(v);
■ w. Revising paragraph (o); and
■ x. Revising paragraph (q).
The revisions and additions read as
follows:
■
■
■
252.225–7040 Contractor Personnel
Supporting U.S. Armed Forces Deployed
Outside the United States.
*
*
*
(a) * * *
*
*
Contractors authorized to accompany the
Force, or CAAF, means contractor personnel,
including all tiers of subcontractor personnel,
who are authorized to accompany U.S.
Armed Forces in applicable operations and
have been afforded CAAF status through a
letter of authorization. CAAF generally
include all U.S. citizen and third-country
national employees not normally residing
within the operational area whose area of
performance is in the direct vicinity of U.S.
Armed Forces and who routinely are colocated with the U.S. Armed Forces
(especially in non-permissive environments).
Personnel co-located with U.S. Armed Forces
shall be afforded CAAF status through a
letter of authorization. In some cases,
Combatant Commander subordinate
commanders may designate mission-essential
host nation (HN) or local national (LN)
contractor employees (e.g., interpreters) as
CAAF. CAAF includes contractors previously
identified as contractors deploying with the
U.S. Armed Forces. CAAF status does not
apply to contractor personnel in support of
applicable operations within the boundaries
and territories of the United States.
*
*
*
*
*
Designated reception site means the
designated place 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.
*
*
*
*
*
Non-CAAF means personnel who are not
designated as CAAF, such as local national
(LN) employees and non-LN employees who
are permanent residents in the operational
area or third-country nationals not routinely
residing with U.S. Armed Forces (and thirdcountry national 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. Armed Forces. Governmentfurnished 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
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jobs in the direct vicinity of U.S. Armed
Forces. Non-CAAF status does not apply to
contractor personnel in support of applicable
operations within the boundaries and
territories of the United States.
*
*
*
*
*
(b) General. (1) This clause applies when
Contractor personnel performing in a
designated operational area are supporting
U.S. Armed Forces deployed outside the
United States in—
(i) Contingency operations;
(ii) Humanitarian assistance operations;
(iii) Other peace operations;
(iv) Other military operations or military
exercises, when designated by the Combatant
Commander; or
(v) As directed by the Secretary of Defense.
(2) Contract performance in support of U.S.
Armed Forces deployed outside the United
States may require work in dangerous or
austere conditions. Except as otherwise
provided in the contract, the Contractor
accepts the risks associated with required
contract performance in such operations.
(3) When authorized in accordance with
paragraph (j) of this clause to carry arms for
personal protection, Contractor personnel are
only authorized to use force for individual
defense.
(4) Unless immune from host nation
jurisdiction by virtue of an international
agreement or international law, inappropriate
use of force by contractor personnel
authorized to accompany the U.S. Armed
Forces can subject such personnel to United
States or host nation prosecution and civil
liability (see paragraphs (d) and (j)(3) of this
clause).
(5) Service performed by Contractor
personnel subject to this clause is not active
duty or service under 38 U.S.C. 106 note.
(c) * * *
(2)(i) Generally, CAAF will be afforded
emergency medical and dental care if injured
while supporting applicable operations.
Additionally, non-CAAF employees who are
injured while in the vicinity of U.S. Armed
Forces will normally receive emergency
medical and dental care. Emergency medical
and dental care includes medical care
situations in which life, limb, or eyesight is
jeopardized. Examples of emergency medical
and dental care include examination and
initial treatment of victims of sexual assault;
refills of prescriptions for life-dependent
drugs; repair of broken bones, lacerations,
infections; and traumatic injuries to the
dentition. Hospitalization will be limited to
stabilization and short-term medical
treatment with an emphasis on return to duty
or placement in the patient movement
system.
*
*
*
*
*
(4) Unless specified elsewhere in this
contract, the Contractor is responsible for all
other support required for its personnel
engaged in the designated operational area
under this contract.
*
*
*
*
*
(e) * * *
(1) * * *
(ii) All CAAF deploying in support of an
applicable operation are medically, dentally,
and psychologically fit for deployment and
E:\FR\FM\31OCP1.SGM
31OCP1
65248
Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules
performance of their contracted duties. All
CAAF must meet the minimum medical
screening requirements, including theaterspecific medical qualifications as established
by the geographic Combatant Commander (as
posted to the Geographic Combatant
Commander’s Web site or other venue) and
have received all required immunizations as
specified in the contract. During
predeployment processing, the Government
will provide, at no cost to the Contractor, any
military-specific immunizations and/or
medications not available to the general
public. All other immunizations must be
obtained prior to arrival at the deployment
center. CAAF and selected non-CAAF must
bring to the operational area a current copy
of the Public Health Service Form 791,
‘‘International Certificate of Vaccination.’’
*
*
*
*
*
(2) * * *
(v) Such employees are required to report
offenses alleged to have been committed by
or against Contractor personnel to
appropriate investigative authorities.
(vi) Such employees will be provided
victim and witness protection and assistance.
tkelley on DSK3SPTVN1PROD with PROPOSALS
*
*
*
*
*
(g) Personnel data. (1) The Contractor shall
use the Synchronized Predeployment and
Operational Tracker (SPOT) web-based
system, to enter and maintain the data for all
CAAF and, as designated by USD(AT&L) or
the Combatant Commander, non-CAAF
personnel supporting U.S. Armed Forces
deployed outside the United States as
specified in paragraph (b)(1) of this clause.
(2) The Contractor shall enter the required
information about their contractor personnel
prior to deployment and shall continue to
use the SPOT web-based system at https://
spot.altess.army.mil/privacy.aspx to
maintain accurate, up-to-date information
throughout the deployment for all Contractor
personnel. Changes to status of individual
Contractor personnel relating to their intheater arrival date and their duty location,
to include closing out the deployment with
their proper status (e.g., mission complete,
killed, wounded) shall be annotated within
the SPOT database in accordance with the
timelines established in the SPOT business
rules.
(h) Contractor personnel. (1) The
Contracting Officer may direct the
Contractor, at its own expense, to remove and
replace any Contractor personnel who
jeopardize or interfere with mission
accomplishment or who fail to comply with
or violate applicable requirements of this
contract. Such action may be taken at the
Government’s discretion without prejudice to
its rights under any other provision of this
contract, including the Termination for
Default clause.
(2) The Contractor shall identify all
personnel who occupy a position that the
Contracting Officer has designated as mission
essential and ensure the continuity of
essential Contractor services during
designated operations.
(3) The Contractor shall ensure that
Contractor personnel follow the guidance at
paragraph (e)(2)(v) of this clause and any
specific Combatant Commander guidance on
reporting offenses alleged to have been
VerDate Mar<15>2010
16:47 Oct 30, 2013
Jkt 232001
committed by or against Contractor personnel
to appropriate investigative authorities.
*
*
*
*
*
(j) * * *
(3) * * *
(iv) Comply with applicable Combatant
Commander and local commander forceprotection policies.
(v) Understand that the inappropriate use
of force could subject them to U.S. or hostnation prosecution and civil liability.
*
*
*
*
*
(o) Mortuary affairs. Contractor personnel
who die while in support of the U.S. Armed
Forces shall be covered by the DoD mortuary
affairs program as described in DoD Directive
1300.22, Mortuary Affairs Policy, and DoD
Instruction 3020.41, Operational Contractor
Support.
*
*
*
*
*
(q) Subcontracts. The Contractor shall
incorporate the substance of this clause,
including this paragraph (q), in all
subcontracts when subcontractor personnel
are supporting U.S. Armed Forces deployed
outside the United States in—
(1) Contingency operations;
(2) Humanitarian assistance operations;
(3) Other peace operations;
(4) Other military operations or military
exercises, when designated by the Combatant
Commander; or
(5) As directed by the Secretary of Defense.
(End of clause)
[FR Doc. 2013–25731 Filed 10–30–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2012–0107;
4500030113]
RIN 1018–AY26
Endangered and Threatened Wildlife
and Plants; Threatened Status for the
Distinct Population Segment of the
North American Wolverine in the
Contiguous United States
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are reopening
the public comment period on the
proposed rule to list the distinct
population segment (DPS) of the North
American wolverine (Gulo gulo luscus)
in the contiguous United States as
threatened under the Endangered
Species Act of 1973, as amended. The
proposed rule was published in the
Federal Register on February 4, 2013.
We are reopening the comment period
SUMMARY:
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
to allow the public an additional
opportunity to review and comment on
the proposed rule, as well as the peer
review and public comments that were
submitted during the first comment
period. Comments already submitted
need not be resubmitted, as they will be
fully considered in preparation of the
final rule, which we intend to issue by
February 4, 2014, as required by the
Endangered Species Act.
DATES: We will accept public comments
until December 2, 2013. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. Eastern Time on that date.
ADDRESSES: Document availability: You
may obtain a copy of the proposed rule
on the Internet at https://
www.regulations.gov at Docket No.
FWS–R6–ES–2012–0107 or at https://
www.fws.gov/mountain-prairie/species/
mammals/wolverine/. All comments
received during the first comment
period, as well as supporting
documentation we used in preparing the
proposed rule, can be found at https://
www.regulations.gov in Docket No.
FWS–R6–ES–2012–0107. Comments
and materials we receive during this
reopened comment period will also be
available for public inspection on
https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Montana Field Office (see FOR
FURTHER INFORMATION CONTACT).
Comment submission: You may
submit comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R6–ES–2012–0107, which is
the docket number for this rulemaking
action. You may submit a comment by
clicking on ‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R6–ES–2012–
0107; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Information Requested section below for
more details).
FOR FURTHER INFORMATION CONTACT: Jodi
Bush, Field Office Supervisor, U.S. Fish
and Wildlife Service, Montana Field
Office, 585 Shepard Way, Helena, MT
59601; telephone 406–449–5225;
E:\FR\FM\31OCP1.SGM
31OCP1
Agencies
[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Proposed Rules]
[Pages 65244-65248]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25731]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 225, 237, 242, and 252
RIN 0750-AI01
Defense Federal Acquisition Regulation Supplement: Contractor
Personnel Supporting U.S. Armed Forces Deployed Outside the United
States (DFARS Case 2013-D015)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to align it with revisions to the DoD
Instruction on operational contract support.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before
[[Page 65245]]
December 30, 2013, to be considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2013-D015, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2013-D015''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2013-D015.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2013-D015'' on your attached document.
[cir] Email: dfars@osd.mil. Include DFARS Case 2013-D015 in the
subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Meredith Murphy, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Defense
Acquisition Regulations System, OUSD (AT&L)DPAP/DARS, Room 3B855, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6098;
facsimile 571-372-6101.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to amend the DFARS to revise and update the
prescription and the clause at DFARS 252.225-7040, currently titled
``Contractor Personnel Authorized to Accompany U.S. Armed Forces
Deployed Outside the United States,'' to align it with the changes in
applicability, terminology, and other revisions made by Department of
Defense Instruction (DoDI) 3020.41, entitled ``Operational Contract
Support (OCS).'' The DoDI was published as an interim rule for public
comment and subsequently was published as a final rule on July 1, 2012.
The revisions to DoDI 3020.41 establish policy, assign
responsibilities, and provide procedures for OCS, including OCS program
management, contract support integration, and integration of defense
contractor personnel into contingency operations outside the United
States. Additions to, and clarifications of, terminology aid in
determining which groups qualify for different types of Government
support and are based on improvements in practices and lessons learned
in recent contingency operations.
II. Discussion and Analysis
New definitions are proposed to be added to the clause at 252.225-
7040. These include ``contractors authorized to accompany the Force''
(CAAF), ``non-CAAF,'' and ``designated reception site.'' These
definitions are considered important clarifications as to requirements,
status, and entitlement to use facilities. One new element of the
proposed rule is the statement at paragraph (b)(3) of the clause that,
``when armed for personal protection, contractor personnel are only
authorized to use force for personal protection.'' This would not be a
new policy; rather, it would be a clear, concise statement of the
existing policy.
The new clause title is proposed to be ``Contractor Personnel
Supporting U.S. Armed Forces Deployed Outside the United States,'' and
the new clause prescription, at DFARS 225.7402-5(a), adds ``As directed
by the Secretary of Defense'' to the list of circumstances in which the
clause is applicable.
The clause addresses at paragraph (c) the types of support
available for CAAF personnel and the requirement to have a letter of
authorization signed by the contracting officer prior to deployment for
each CAAF. In the past, the provision of non-emergency medical and
dental care to CAAF personnel has generated considerable confusion. The
proposed revision to paragraph (c) would make it clear that only
emergency medical and dental care will be provided and only when the
CAAF individual is injured while supporting applicable operations. In
certain cases, non-emergency care may be provided by field hospital
staff, but the contractor will be billed for that non-emergency care.
The predeployment requirements for CAAF personnel would be
clarified in paragraph (e) of the clause. In the past, there was some
ambiguity about which requirements could be fulfilled once the
individual was in theater and which requirements had to be completed
prior to deployment, i.e. during predeployment screening.
The requirements for and use of personnel data are covered at
paragraph (g) of the clause. Contractors are required to use the
Synchronized Predeployment and Operational Tracker (SPOT) system to
enter and maintain data on their CAAF and non-CAAF personnel (as
designated by USD (AT&L) or the combatant commander) supporting
deployed U.S. Armed Forces outside the United States. The purpose of
SPOT is to provide the Combatant Commander with accurate, real-time
information on all personnel within specified geographic combatant
command operations areas. In the past, some contractors did not
maintain current information on their personnel in SPOT. The proposed
revisions to paragraph (e) of the clause would make a contractor's on-
going SPOT maintenance requirements clear and specific.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
IV. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because it impacts only businesses providing direct support to U.S.
Armed Forces that are deployed outside the United States. However, an
initial regulatory flexibility analysis has been performed and is
summarized as follows:
This rule proposes to update the clause at DFARS 252.225-7040 and
its prescription to align the DFARS with the changes in applicability,
terminology, and other revisions made by Department of Defense
Instruction (DoDI) 3020.41, entitled Operational Contract Support
(OCS). The DoDI ``establishes policy, assigns responsibilities, and
provides procedures for OCS, including OCS program management, contract
support integration, and integration of defense contractor personnel
into contingency
[[Page 65246]]
operations outside the United States . . .'' (DoDI 3020.41, section
1.a.).
The proposed rule will impact small businesses with personnel who
provide direct support to U.S. Armed Forces personnel deployed outside
the United States. Given the concerted effort by the United States to
procure products and services from local vendors (see, e.g., sections
841 and 842 of the National Defense Authorization Act for Fiscal Year
2013, entitled ``Extension and Expansion of Authority to Acquire
Products and Services Produced in Countries Along a Major Route of
Supply to Afghanistan'' and ``Limitation on Authority to Acquire
Products and Services Produced in Afghanistan,'' respectively.), the
impact on U.S. small businesses should be minimal. DoD estimated, in
its Paperwork Reduction Act estimate for SPOT, that up to 1,300
companies ultimately could be supporting U.S. Armed Forces deployed
outside the United States. Approximately 20 percent of these companies
are non-U.S. firms (and therefore are not categorized as either small
or large), and approximately 20 percent of the U.S. companies are small
businesses, i.e. approximately 200 small businesses.
However, for those small businesses that do have personnel deployed
in support of U.S. Armed Forces deployed outside the United States, the
recordkeeping and reporting requirements are minimal. The specific
requirements are included in paragraph (g) of the clause at DFARS
252.225-7040. The contractor is required to use the web-based
Synchronized Predeployment and Operational Tracker (SPOT) system to
enter and maintain the data for its CAAF and designated non-CAAF
personnel supporting deployed U.S. Armed Forces outside the United
States. The purpose of the SPOT system is to enable DoD to keep track
of all persons deployed in contingency zones. The information must be
entered in SPOT prior to deployment and must be updated during the
performance period of the contract as necessary to maintain accurate,
up-to-date information. Changes to status of individual contractor
personnel relating to their in-theater arrival date and their duty
location, to include closing out the deployment with their proper
status (e.g. mission complete, killed, wounded) is annotated within the
SPOT database.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. The requirement to use the SPOT database is not new to
this case. It has been in place for several years and is applied to all
sizes of businesses that have personnel deployed in a contingency
operation. The SPOT database can be accessed with a laptop and is user
friendly to encourage real-time updates of the information provided.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2013-D015), in
correspondence.
V. Paperwork Reduction Act
The rule contains information collection requirements that require
the approval of the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C chapter 35; however, these changes to the DFARS
do not impose additional information collection requirements to the
paperwork burden previously approved under OMB Control Number 0704-
0460, entitled ``Synchronized Predeployment and Operational Tracker
(SPOT) System,'' in accordance with the Paperwork Reduction Act (44
U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 212, 225, 237, 242, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 212, 225, 237, 242,
and 252 as follows:
0
1. The authority citation for 48 CFR parts 212, 225, 237, 242, and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
2. Section 212.301 is amended by revising paragraph (f)(xxxix) to read
as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(xxxix) Use the clause at 252.225-7040, Contractor Personnel
Supporting U.S. Armed Forces Deployed Outside the United States, as
prescribed in 225.7402-5(a).
* * * * *
PART 225--FOREIGN ACQUISITION
225.7402 [Amended]
0
3. Section 225.7402 heading is amended by removing the phrase
``authorized to accompany'' and adding the word ``supporting'' in its
place.
0
4. Section 225.7402-2 is revised to read as follows:
225.7402-2 Definition.
Designated operational area is defined in the clause at 252.225-
7040. See PGI 225.7402-2 for additional information on designated
operational areas.
0
4. Section 225.7402-5(a) is revised to read as follows:
225.7402-5 Contract clauses.
(a) Use the clause at 252.225-7040, Contractor Personnel Supporting
U.S. Armed Forces Deployed Outside the United States, instead of the
clause at FAR 52.225-19, Contractor Personnel in a Designated
Operational Area or Supporting a Diplomatic or Consular Mission Outside
the United States, in solicitations and contracts, including
solicitations and contracts using FAR part 12 procedures for the
acquisition of commercial items, for performance in a designated
operational area that authorize contractor personnel to support U.S.
Armed Forces deployed outside the United States in--
(1) Contingency operations;
(2) Humanitarian assistance operations;
(3) Other peace operations consistent with Joint Publication 3-
07.3;
(4) Other military operations or military exercises, when
designated by the combatant commander; or
(5) As directed by the Secretary of Defense.
* * * * *
PART 237--SERVICE CONTRACTING
237.171-4 [Amended]
0
5. Section 237.171-4(a) is amended by removing ``a Force'' and adding
``U.S. Armed Forces'' in its place.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
242.302 [Amended]
0
6. Section 242.302(S-72) is amended by removing the phrase ``Authorized
to Accompany'' and adding ``Supporting'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
7. Section 252.225-7040 is amended by--
[[Page 65247]]
0
a. Removing from the section heading the phrase ``Authorized to
Accompany'' and adding ``Supporting'' in its place;
0
b. Removing from the clause title the phrase ``Authorized to
Accompany'' and adding in its place ``Supporting;
0
c. Removing the clause date (FEB 2013) and adding ``(OCT 2013)''in its
place;
0
d. Adding to paragraph (a), in alphabetical order, the definitions
``contractors authorized to accompany the Force'', ``designated
reception site'', and ``non-CAAF'';
0
e. Revising paragraph (b);
0
f. Amending paragraph (c)(1)(ii) by removing the word ``shall'' and
adding ``will'' in its place;
0
g. Revising paragraph (c)(2)(i);
0
h. Amending paragraph (c)(2)(iii) by removing the phrase ``unless
specified elsewhere in this contract'';
0
i. Removing paragraph (c)(3);
0
j. Redesignating paragraph (c)(4) as (c)(3) and adding a new paragraph
(c)(4);
0
k. Amending paragraph (d)(1) introductory text by removing the phrase
``authorized to accompany'' and adding ``supporting'' in its place;
0
l. Amending paragraph (d)(3) introductory text by removing the phrase
``contractor employees accompanying'' and adding ``CAAF supporting'' in
its place;
0
m. Amending paragraph (e)(1) introductory text by removing the phrase
``personnel authorized to accompany U.S. Armed Forces'' and adding
``CAAF'' in its place;
0
n. Revising paragraph (e)(1)(ii);
0
o. Amending paragraph (e)(1)(iii) by removing the last sentence in the
paragraph and adding in its place ``Contractor personnel shall return
all U.S. Government issued identification, to include the Common Access
Card, to appropriate U.S. Government authorities at the end of their
deployment.'';
0
p. Amending paragraph (e)(1)(iv) by removing ``Contractor personnel''
and adding ``For this purpose, CAAF'' in its place and adding the word
``contractor'' after the word ``non-DoD'';
0
q. Adding paragraphs (e)(2)(v) and (vi);
0
r. Amending paragraph (f) introductory text by removing the words
``Deployed Contractor'' and adding ``(CAAF)'' in its place;
0
s. Amending paragraph (f)(3) by--
0
i. Removing the word ``Joint'' and adding ``designated'' in its place;
0
ii. Removing the words ``Center (JRC)'' and adding ``site (DRS)'' in
its place; and
0
iii. Removing ``JRC'' and adding ``DRS'' in its place.
0
t. Revising paragraph (g);
0
u. Revising paragraph (h);
0
v. Amending paragraph (j)--
0
i. In paragraph (j)(1), by removing ``authorized to carry weapons, the
request'' and adding ``authorized to carry weapons for personal
protection, the request'' in its place, and removing ``, paragraph
6.3.4.1 or, if the contract is for security services, paragraph
6.3.5.3'';
0
ii. By adding paragraphs (j)(3)(iv) and (v);
0
w. Revising paragraph (o); and
0
x. Revising paragraph (q).
The revisions and additions read as follows:
252.225-7040 Contractor Personnel Supporting U.S. Armed Forces
Deployed Outside the United States.
* * * * *
(a) * * *
Contractors authorized to accompany the Force, or CAAF, means
contractor personnel, including all tiers of subcontractor
personnel, who are authorized to accompany U.S. Armed Forces in
applicable operations and have been afforded CAAF status through a
letter of authorization. CAAF generally include all U.S. citizen and
third-country national employees not normally residing within the
operational area whose area of performance is in the direct vicinity
of U.S. Armed Forces and who routinely are co-located with the U.S.
Armed Forces (especially in non-permissive environments). Personnel
co-located with U.S. Armed Forces shall be afforded CAAF status
through a letter of authorization. In some cases, Combatant
Commander subordinate commanders may designate mission-essential
host nation (HN) or local national (LN) contractor employees (e.g.,
interpreters) as CAAF. CAAF includes contractors previously
identified as contractors deploying with the U.S. Armed Forces. CAAF
status does not apply to contractor personnel in support of
applicable operations within the boundaries and territories of the
United States.
* * * * *
Designated reception site means the designated place 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.
* * * * *
Non-CAAF means personnel who are not designated as CAAF, such as
local national (LN) employees and non-LN employees who are permanent
residents in the operational area or third-country nationals not
routinely residing with U.S. Armed Forces (and third-country
national 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. Armed 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. Armed Forces.
Non-CAAF status does not apply to contractor personnel in support of
applicable operations within the boundaries and territories of the
United States.
* * * * *
(b) General. (1) This clause applies when Contractor personnel
performing in a designated operational area are supporting U.S.
Armed Forces deployed outside the United States in--
(i) Contingency operations;
(ii) Humanitarian assistance operations;
(iii) Other peace operations;
(iv) Other military operations or military exercises, when
designated by the Combatant Commander; or
(v) As directed by the Secretary of Defense.
(2) Contract performance in support of U.S. Armed Forces
deployed outside the United States may require work in dangerous or
austere conditions. Except as otherwise provided in the contract,
the Contractor accepts the risks associated with required contract
performance in such operations.
(3) When authorized in accordance with paragraph (j) of this
clause to carry arms for personal protection, Contractor personnel
are only authorized to use force for individual defense.
(4) Unless immune from host nation jurisdiction by virtue of an
international agreement or international law, inappropriate use of
force by contractor personnel authorized to accompany the U.S. Armed
Forces can subject such personnel to United States or host nation
prosecution and civil liability (see paragraphs (d) and (j)(3) of
this clause).
(5) Service performed by Contractor personnel subject to this
clause is not active duty or service under 38 U.S.C. 106 note.
(c) * * *
(2)(i) Generally, CAAF will be afforded emergency medical and
dental care if injured while supporting applicable operations.
Additionally, non-CAAF employees who are injured while in the
vicinity of U.S. Armed Forces will normally receive emergency
medical and dental care. Emergency medical and dental care includes
medical care situations in which life, limb, or eyesight is
jeopardized. Examples of emergency medical and dental care include
examination and initial treatment of victims of sexual assault;
refills of prescriptions for life-dependent drugs; repair of broken
bones, lacerations, infections; and traumatic injuries to the
dentition. Hospitalization will be limited to stabilization and
short-term medical treatment with an emphasis on return to duty or
placement in the patient movement system.
* * * * *
(4) Unless specified elsewhere in this contract, the Contractor
is responsible for all other support required for its personnel
engaged in the designated operational area under this contract.
* * * * *
(e) * * *
(1) * * *
(ii) All CAAF deploying in support of an applicable operation
are medically, dentally, and psychologically fit for deployment and
[[Page 65248]]
performance of their contracted duties. All CAAF must meet the
minimum medical screening requirements, including theater-specific
medical qualifications as established by the geographic Combatant
Commander (as posted to the Geographic Combatant Commander's Web
site or other venue) and have received all required immunizations as
specified in the contract. During predeployment processing, the
Government will provide, at no cost to the Contractor, any military-
specific immunizations and/or medications not available to the
general public. All other immunizations must be obtained prior to
arrival at the deployment center. CAAF and selected non-CAAF must
bring to the operational area a current copy of the Public Health
Service Form 791, ``International Certificate of Vaccination.''
* * * * *
(2) * * *
(v) Such employees are required to report offenses alleged to
have been committed by or against Contractor personnel to
appropriate investigative authorities.
(vi) Such employees will be provided victim and witness
protection and assistance.
* * * * *
(g) Personnel data. (1) The Contractor shall use the
Synchronized Predeployment and Operational Tracker (SPOT) web-based
system, to enter and maintain the data for all CAAF and, as
designated by USD(AT&L) or the Combatant Commander, non-CAAF
personnel supporting U.S. Armed Forces deployed outside the United
States as specified in paragraph (b)(1) of this clause.
(2) The Contractor shall enter the required information about
their contractor personnel prior to deployment and shall continue to
use the SPOT web-based system at https://spot.altess.army.mil/privacy.aspx to maintain accurate, up-to-date information throughout
the deployment for all Contractor personnel. Changes to status of
individual Contractor personnel relating to their in-theater arrival
date and their duty location, to include closing out the deployment
with their proper status (e.g., mission complete, killed, wounded)
shall be annotated within the SPOT database in accordance with the
timelines established in the SPOT business rules.
(h) Contractor personnel. (1) The Contracting Officer may direct
the Contractor, at its own expense, to remove and replace any
Contractor personnel who jeopardize or interfere with mission
accomplishment or who fail to comply with or violate applicable
requirements of this contract. Such action may be taken at the
Government's discretion without prejudice to its rights under any
other provision of this contract, including the Termination for
Default clause.
(2) The Contractor shall identify all personnel who occupy a
position that the Contracting Officer has designated as mission
essential and ensure the continuity of essential Contractor services
during designated operations.
(3) The Contractor shall ensure that Contractor personnel follow
the guidance at paragraph (e)(2)(v) of this clause and any specific
Combatant Commander guidance on reporting offenses alleged to have
been committed by or against Contractor personnel to appropriate
investigative authorities.
* * * * *
(j) * * *
(3) * * *
(iv) Comply with applicable Combatant Commander and local
commander force-protection policies.
(v) Understand that the inappropriate use of force could subject
them to U.S. or host-nation prosecution and civil liability.
* * * * *
(o) Mortuary affairs. Contractor personnel who die while in
support of the U.S. Armed Forces shall be covered by the DoD
mortuary affairs program as described in DoD Directive 1300.22,
Mortuary Affairs Policy, and DoD Instruction 3020.41, Operational
Contractor Support.
* * * * *
(q) Subcontracts. The Contractor shall incorporate the substance
of this clause, including this paragraph (q), in all subcontracts
when subcontractor personnel are supporting U.S. Armed Forces
deployed outside the United States in--
(1) Contingency operations;
(2) Humanitarian assistance operations;
(3) Other peace operations;
(4) Other military operations or military exercises, when
designated by the Combatant Commander; or
(5) As directed by the Secretary of Defense.
(End of clause)
[FR Doc. 2013-25731 Filed 10-30-13; 8:45 am]
BILLING CODE 5001-06-P