Defense Federal Acquisition Regulation Supplement: Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States (DFARS Case 2013-D015), 30469-30473 [2014-12133]
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations
essentially meaningless set of words and
phrases, or even sentences which taken
separately or together have minimal or
no information content.
(c) If information is withheld in whole
or part, DLA will provide in a response
letter the exemption under which the
withholding is made, a description of
the type of information redacted, the
name and title or position of the IDA
and the administrative appeal rights.
When information is withheld in full,
DLA will provide an estimate of the
volume withheld. This estimate should
be in number of pages or in some other
reasonable form of estimation. When
information is withheld in part, DLA
will show the redacted amount of
information and the exemption under
which the redaction is made on the
released portion of the record, unless
including that indication would harm
an interest protected by the exemption
under which the redaction is made.
§ 300.9
Appeals.
When an IDA makes an adverse
determination (see § 300.3(b)) the
requester may appeal that decision in
writing to the designated appellate
authority (see § 300.3(a)). An appeal
must be made in writing to DLA’s
Appellate Authority and must be
postmarked within the appeal time
limits of the DoD FOIA Program
Regulation at 32 CFR 286.24. The appeal
should be accompanied by copies of the
initial request and the denial letter.
§ 300.10
Judicial actions.
DLA adopts the DoD FOIA Program
regulations codified at 32 CFR part 286,
subpart E, Release and Processing
Procedures.
Subpart D—Fees and Fee Waivers
§ 300.11
General.
DLA adopts the rules and rates
published in 32 CFR part 286, subpart
F, Fee Schedule. In addition, DLA
considers fees charged by a Federal
Records Center to retrieve and re-file
records a part of the direct costs charged
to requesters.
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APPENDIX A TO PART 300—GAINING
ACCESS TO DLA RECORDS
(a) General. (1) The Defense Logistics
Agency, established pursuant to authority
vested in the Secretary of Defense, is an
agency of DoD under the direction, authority,
and control of the Assistant Secretary of
Defense for Logistics and Materiel Readiness,
and is subject to DoD policies, directives, and
instructions.
(2) DLA is comprised of several
Components and each DLA Component is
responsible for maintaining its own records;
therefore, FOIA requests should be addressed
to the FOIA Requester Service Center that has
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custody of the record sought. (See paragraph
(c) of this appendix.) DLA FOIA Officers will
assist requesters in determining the correct
DLA Requester Service Center to address
requests. (See paragraph (c) of this appendix
and DLA’s public Web site at www.dla.mil.)
(3) On DLA’s public Web site is an index
to assist in locating DLA records by category,
organization, keyword search, or by contract
prefix. The index is titled ‘‘Index of
Information at DLA FOIA Service Centers’’ at
www.dla.mil/FOIA-Privacy/servindex/pages/
category.aspx.
(b) Requester Requirements. (1) Requesters
are responsible for submitting a perfected
request as defined in § 300.3(m), FOIA
Request.
(2) Addressing Requests. Address requests
to DLA’s FOIA Requester Service Center most
likely to hold the records (see paragraph (c)
of this appendix for the contact information
of DLA FOIA Requester Service Centers
designated to receive FOIA requests). If
DLA’s FOIA Requester Service Center is
undeterminable, address requests to DLA
Headquarters FOIA Requester Service Center
for proper routing.
(3) Availability of DLA Publications. Many
unrestricted DLA regulations, manuals, and
handbooks are available online. Visit DLA’s
FOIA/Privacy Web site for more information
at https://www.dla.mil/foia-privacy/.
(c) Locations of DLA FOIA Requester
Service Centers. Refer to the FOIA/Privacy
Web page at https://www.dla.mil/FOIAPrivacy/pages/foiapocs.aspx for current
points of contact at each of the DLA’s FOIA
Requester Service Centers.
(1) Defense Logistics Agency Headquarters,
ATTN: DGA, 8725 John J. Kingman Rd., Ste
1644, Fort Belvoir, VA 22060–6221, Fax:
703–767–6091, Email: hq-foia@dla.mil—
Responsible for broad functional areas, such
as Office of the Director, General Counsel,
Small Business Programs, DLA Office of
Inspector General, Legislative Affairs, Equal
Employment Opportunity Office, Installation
Support, Human Resources, Logistics
Operations, Information Operations,
Acquisition, and Financial Operations. This
FOIA Requester Service Center also processes
FOIA requests for the following locations:
(i) DLA Transaction Service, WrightPatterson AFB, Ohio—Editing/routing of
logistics transactions, network
interoperability and eBusiness services.
(ii) DLA Strategic Materials, Fort Belvoir,
Va.—Manages the strategic and critical raw
material stockpile that supports national
defense needs.
(iii) DLA Europe & Africa, Kaiserslautern,
Germany—Focal point for U.S. European
Command’s and U.S. Africa Command’s
theater of operations.
(iv) DLA Pacific, Camp Smith, Hawaii—
Focal point for U.S. Pacific Command’s
theater of operations.
(v) DLA Central, MacDill AFB, Fla.—Focal
point for U.S. Central Command’s theater of
operations.
(2) DLA Energy, 8725 John J. Kingman Rd.,
Ste 3729, Fort Belvoir, VA 22060–6222, Fax:
703–767–5022, Email: dlaenergy.efoia@
dla.mil—Fuel, energy support and services,
and bulk petroleum.
(3) DLA Land and Maritime, ATTN: GC,
3990 E. Broad Street, Columbus, OH 43218–
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30469
3990, Fax: 614–692–4385, Email: dscc.efoia@
dla.mil—Maritime and land weapons system
supply chains.
(4) DLA Aviation, 8000 Jefferson Davis
Highway, Richmond, VA 23297–5000, Fax:
804–279–4137, Email: foia.dscr@dla.mil—
Aviation supply chain.
(5) DLA Troop Support, 700 Robbins
Avenue, Bldg 36, Philadelphia, PA 19111–
5096, Fax: 215–737–2151, Email:
DLATroopSupportFOIAerequest@dla.mil—
Subsistence, clothing, and textiles, medical,
and construction and equipment supply
chains.
(6) DLA Distribution, ATTN: DDC–GC,
Mission Drive, Bldg 81, New Cumberland,
PA 17070–5000, Fax: 717–770–5685, Email:
ddc-efoia@dla.mil—Worldwide network of
25 distribution depots and nine map support
offices.
(7) DLA Disposition Services and DLA
Logistics Information Service, 74 Washington
Avenue North, Battle Creek, MI 49017–3084,
Fax: 269–961–4534, Email: drmsefoia@
dla.mil.
(i) Disposition Services: Reutilization,
transfer, demilitarization, and environmental
disposal and reuse.
(ii) Logistics Information Service: Manages
a wide range of logistics information and
identification systems.
(8) DLA Document Services, 5450 Carlisle
Pike, Bldg 9, P.O. Box 2020, Mechanicsburg,
PA 17055–0788, Fax: 717–605–3999, Email:
foia.docsvcs@dla.mil—Automated document
production, printing services, digital
conversion and document storage.
Dated: May 21, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2014–12099 Filed 5–27–14; 8:45 am]
BILLING CODE 5001–06–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: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to align it with revisions to the
DoD Instruction on operational contract
support.
DATES: Effective May 28, 2014.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Ms.
Amy Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 78 FR 65244 on
October 31, 2013, to revise and update
the prescription and the clause at
DFARS 252.225–7040, previously 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).’’
II. Discussion and Analysis
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A. Public Comment
One respondent submitted a public
comment in response to the proposed
rule, which was considered in
development of the final rule.
Comment: The respondent requested
a change to the DFARS clause 252.225–
7040 to include provisions clearly
stating that contractors may withdraw
from contingency operations without
the threat of termination for default
when security conditions dictate
withdrawal as a prudent course of
action. The respondent also
recommended a consultation process
with the local commander or
contracting officer’s representative to
discuss security situations and
appropriate remedies for contractors.
Response: In response to the public
comment, DFARS 252.225–7040,
paragraph (h)(2) is revised in the final
rule to provide that with the appropriate
approvals, even mission-essential
personnel may be withdrawn due to
security considerations.
B. Other Changes
Beyond the changes initially
proposed, the clause at 252.225–7040
has been modified as a result of internal
comments, as follows:
• Based on feedback from in-theater,
paragraph (c)(1)(ii) no longer includes
the statement that the Contracting
Officer will specify in the contract the
level of protection to be provided to
Contractor personnel. This is not
feasible due to constant fluctuation in
the circumstances in theater. It is
necessary to recognize the reality in
theater that changing conditions cannot
always be foreseen. The clause still
retains the commitment in paragraph
(c)(1) that the Combatant Commander
will develop a security plan for
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protection of Contractor personnel in
locations where there is not sufficient or
legitimate civil authority and the
Combatant Commander decides it is in
the interest of the Government to
provide security through military
means. However, the level of protection
that will be necessary or appropriate
cannot be specified in the contract in
advance. Moreover, taken in
conjunction with the change regarding
withdrawal of mission-essential
personnel, the contractor personnel may
be authorized to leave the area if the
Combatant Commander is not in a
position to provide adequate security.
• Paragraph (b)(1) emphasizes that
the clause applies to both contractors
authorized to accompany the Force
(CAAF) and non-CAAF. The proposed
rule included the proposed change of
applying the clause to non-CAAF as
well as CAAF. This change in paragraph
(b)(1) just adds ‘‘to both CAAF and nonCAAF’’ for emphasis. It is necessary to
make this point clearly, because this
was one of the most fundamental
changes proposed, the basis for
changing the title of the clause from
‘‘Contractor Personnel Authorized to
Accompany U.S. Armed Forces . . .’’ to
‘‘Contractor Personnel Supporting U.S.
Armed Forces . . .’’
• Paragraph (b)(3) replaces the phrase
‘‘individual defense’’ with ‘‘individual
self-defense.’’ Likewise, at paragraph
(j)(1), the phrase ‘‘personal protection’’
has been revised to ‘‘individual selfdefense,’’ for consistency with the
wording of the DoDI 3020.41.
• Paragraph (c)(3) now requires that
Contractor personnel who are issued a
letter of authorization must carry it with
them at all times while deployed. This
change is a relatively minor
requirement, consistent with the DoDI
3020.41. Paragraph (d)(1)(iii) of the
clause already requires that the
Contractor shall ensure that its
personnel comply with all applicable
United States regulations, directives,
instructions, policies, and procedures.
• Paragraph (e) has been re-titled
‘‘Preliminary personnel requirements’’
rather than ‘‘Pre-deployment
requirements,’’ because some of the
requirements relate to non-CAAF, who
do not deploy. This is just a semantic
correction.
• Paragraph (e)(1)(iii) no longer
contains the requirement for Contractor
personnel to return all U.S.-Government
issued identification at the end of their
deployment. This requirement has been
relocated to paragraph (h)(4), because
the requirement is not a preliminary
personnel requirement.
• Paragraph (j)(2) clarifies that if
contractor personnel are authorized to
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carry weapons in accordance with
paragraph (j)(1) of the clause, the
contracting officer will notify the
contractor what weapons and
ammunition are authorized. This change
removes some inconsistent statements
and re-enforces the overarching policy
currently stated in paragraph (j)(1), that
it is the Combatant Commander who
authorizes the carrying of weapons for
individual self-defense, in accordance
with DoDI 3020.41. The Combatant
Commander determines whether to
authorize in-theater Contractor
personnel to carry weapons, and what
weapons and ammunition will be
allowed. It is not the contracting officer
that authorizes the carrying of weapons,
‘‘subject to the approval of the
Combatant Commander.’’ Rather the
contracting officer passes along to the
contractor the authorization of the
Combatant Commander.
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 not a significant
regulatory action and, therefore, was not
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
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows.
This rule updates the clause and
prescription for DFARS 252.225–7040,
Contractor Personnel Supporting U.S.
Armed Forces Deployed Outside the
United States, 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).’’
DoDI 3020.41 was revised and
reissued in December 2011. 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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operations outside the United States
. . .’’ (DoDI 3020.41, section 1.a.).
There were no significant issues
raised by the public comments in
response to the initial regulatory
flexibility analysis. The Chief Counsel
for Advocacy of the Small Business
Administration did not file any
comments in response to the rule.
The final 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
U.S. 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),
the impact on U.S. small businesses
should be minimal. In its Paperwork
Reduction Act estimate for SPOT, DoD
estimated 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.
This rule does not impose any new
reporting, recordkeeping, or other
compliance requirements. 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 did not identify any significant
alternatives to the rule that would
accomplish the stated objective of
implementing DoDI 3020.41 and that
would reduce the impact on small
entities.
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, 48 CFR parts 212, 225, 237,
242, and 252 are amended 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.
237.171–4
2. Amend section 212.301 by revising
paragraph (f)(xlv) to read as follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(xlv) 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
3. Revise the heading of section
225.7402 to read as follows:
■
225.7402 Contractor personnel supporting
U.S. Armed Forces deployed outside the
United States.
*
*
*
*
*
4. Revise section 225.7402–2 to read
as follows:
■
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.
■ 5. Revise section 225.7402–5(a) to
read as follows:
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V. Paperwork Reduction Act
225.7402–5
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
(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
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Contract clauses.
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authorize contractor personnel
(including both contractors authorized
to accompany the Force (CAAF) and
non-CAAF) to support U.S. Armed
Forces deployed outside the United
States in—
(1) Contingency operations;
(2) Humanitarian assistance
operations;
(3) Peace operations consistent with
Joint Publication 3–07.3; or
(4) Other military operations or
military exercises, when designated by
the combatant commander or as
directed by the Secretary of Defense.
*
*
*
*
*
PART 237—SERVICE CONTRACTING
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
225.7402–2
30471
[Amended]
6. Amend section 237.171–4(a) by
removing ‘‘a Force’’ and adding ‘‘U.S.
Armed Forces’’ in its place.
■
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
242.302
[Amended]
7. Amend section 242.302(S–72) by
removing the phrase ‘‘Authorized to
Accompany’’ and adding ‘‘Supporting’’
in its place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
8. Amend section 252.225–7040 by—
a. Revising the section heading;
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 ‘‘(MAY 2014)’’ 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. Removing paragraph (c)(1)(ii) and
redesignating paragraph (c)(1)(iii) as
paragraph (c)(1)(ii);
■ 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) and
redesignating paragraph (c)(4) as (c)(3);
■ j. Amending the newly redesignated
paragraph (c)(3) by adding a new
sentence at the end of the paragraph.
■ k. Adding a new paragraph (c)(4);
■ l. Amending paragraph (d)(1)
introductory text by removing the
phrase ‘‘authorized to accompany’’ and
adding ‘‘supporting’’ in its place;
■
■
■
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m. Amending paragraph (d)(3)
introductory text by removing
‘‘contractor employees accompanying
U.S. Armed Forces’’ and adding
‘‘CAAF’’ in its place;
■ n. Revising the heading of paragraph
(e) and paragraph (e)(1);
■ o. Amending paragraph (e)(2)(iv) by
removing ‘‘Contractor personnel
authorized to accompany U.S. Armed
Forces in the field’’ and adding ‘‘CAAF’’
in its place;
■ p. Adding paragraphs (e)(2)(v) and
(vi);
■ q. Amending paragraph (f)
introductory text by removing the words
‘‘Deployed Contractor personnel’’ and
adding ‘‘CAAF’’ in its place;
■ r. Amending paragraph (f)(3) by—
■ i. Removing the phrase ‘‘Joint
Reception Center (JRC)’’ and adding
‘‘designated reception site (DRS)’’ in its
place; and
■ ii. Removing the words ‘‘The JRC’’ and
adding ‘‘The DRS’’ in its place;
■ s. Revising paragraph (g);
■ t. Revising paragraph (h);
■ u. Amending paragraph (j)(1) by
removing ‘‘carry weapons,’’ and adding
‘‘carry weapons for individual selfdefense,’’ in its place, and removing ‘‘,
paragraph 6.3.4.1 or, if the contract is
for security services, paragraph 6.3.5.3’’;
■ v. Revising paragraph (j)(2);
■ w. Amending paragraph (j)(3)(ii), by
removing ‘‘and’’;
■ x. Amending paragraph (j)(3)(iii), by
removing the ‘‘.’’ and adding ‘‘;’’ in its
place;
■ y. Adding paragraphs (j)(3)(iv) and (v);
■ z. Revising paragraph (o); and
■ aa. 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.
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*
*
*
*
*
(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 thirdcountry 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 collocated with the U.S. Armed
Forces (especially in non-permissive
environments). Personnel collocated
with U.S. Armed Forces shall be
afforded CAAF status through a letter of
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authorization. In some cases, Combatant
Commander subordinate commanders
may designate mission-essential host
nation or local national 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 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. 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 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 to both CAAF
and non-CAAF when performing in a
designated operational area outside the
United States to support U.S. Armed
Forces deployed outside the United
States in—
(i) Contingency operations;
(ii) Humanitarian assistance
operations;
(iii) Peace operations, consistent with
Joint Publication 3–07.3; or
(iv) Other military operations or
military exercises, when designated by
the Combatant Commander or 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,
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Sfmt 4700
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 self-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 lifedependent 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.
(3) * * * Contractor personnel who
are issued a letter of authorization shall
carry it with them at all times while
deployed.
(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) Preliminary personnel
requirements.
(1) The Contractor shall ensure that
the following requirements are met prior
to deploying CAAF (specific
requirements for each category will be
specified in the statement of work or
elsewhere in the contract):
(i) All required security and
background checks are complete and
acceptable.
(ii) All CAAF deploying in support of
an applicable operation—
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(A) Are medically, dentally, and
psychologically fit for deployment and
performance of their contracted duties;
(B) 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
(C) Have received all required
immunizations as specified in the
contract.
(1) 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.
(2) All other immunizations shall be
obtained prior to arrival at the
deployment center.
(3) All CAAF and selected non-CAAF,
as specified in the statement of work,
shall bring to the designated operational
area a copy of the Public Health Service
Form 791, ‘‘International Certificate of
Vaccination’’ that shows vaccinations
are current.
(iii) Deploying personnel have all
necessary passports, visas, and other
documents required to enter and exit a
designated operational area and have a
Geneva Conventions identification card,
or other appropriate DoD identity
credential, from the deployment center.
(iv) Special area, country, and theater
clearance is obtained for all personnel
deploying. Clearance requirements are
in DoD Directive 4500.54, Official
Temporary Duty Abroad, and DoD
4500.54–G, DoD Foreign Clearance
Guide. For this purpose, CAAF are
considered non-DoD contractor
personnel traveling under DoD
sponsorship.
(v) All deploying personnel have
received personal security training. At a
minimum, the training shall—
(A) Cover safety and security issues
facing employees overseas;
(B) Identify safety and security
contingency planning activities; and
(C) Identify ways to utilize safety and
security personnel and other resources
appropriately.
(vi) All personnel have received
isolated personnel training, if specified
in the contract, in accordance with DoD
Instruction 1300.23, Isolated Personnel
Training for DoD Civilian and
Contractors.
(vii) Personnel have received law of
war training as follows:
(A) Basic training is required for all
CAAF deployed outside the United
States. The basic training will be
provided through—
(1) A military-run training center; or
VerDate Mar<15>2010
16:12 May 27, 2014
Jkt 232001
(2) A web-based source, if specified in
the contract or approved by the
Contracting Officer.
(B) Advanced training, commensurate
with their duties and responsibilities,
may be required for some Contractor
personnel as specified in the contract.
*
*
*
*
*
(e) * * *
(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 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
designated as mission essential and
ensure the continuity of essential
Contractor services during designated
operations, unless, after consultation
with the Contracting Officer,
PO 00000
Frm 00035
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30473
Contracting Officer’s representative, or
local commander, the Contracting
Officer directs withdrawal due to
security conditions.
(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.
(4) 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 (or, for non-CAAF, at
the end of their employment under this
contract).
*
*
*
*
*
(j) * * *
(2) If Contractor personnel are
authorized to carry weapons in
accordance with paragraph (j)(1) of this
clause, the Contracting Officer willnotify the Contractor what weapons and
ammunition are authorized.
(3) * * *
(iv) Comply with applicable
Combatant Commander and local
commander force-protection policies;
and
(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) Peace operations consistent with
Joint Publication 3–07.3; or
(4) Other military operations or
military exercises, when designated by
the Combatant Commander or as
directed by the Secretary of Defense.
*
*
*
*
*
[FR Doc. 2014–12133 Filed 5–27–14; 8:45 am]
BILLING CODE 5001–06–P
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]]>Agencies
[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Rules and Regulations]
[Pages 30469-30473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12133]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to align it with revisions to
the DoD Instruction on operational contract support.
DATES: Effective May 28, 2014.
[[Page 30470]]
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 78 FR
65244 on October 31, 2013, to revise and update the prescription and
the clause at DFARS 252.225-7040, previously 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).''
II. Discussion and Analysis
A. Public Comment
One respondent submitted a public comment in response to the
proposed rule, which was considered in development of the final rule.
Comment: The respondent requested a change to the DFARS clause
252.225-7040 to include provisions clearly stating that contractors may
withdraw from contingency operations without the threat of termination
for default when security conditions dictate withdrawal as a prudent
course of action. The respondent also recommended a consultation
process with the local commander or contracting officer's
representative to discuss security situations and appropriate remedies
for contractors.
Response: In response to the public comment, DFARS 252.225-7040,
paragraph (h)(2) is revised in the final rule to provide that with the
appropriate approvals, even mission-essential personnel may be
withdrawn due to security considerations.
B. Other Changes
Beyond the changes initially proposed, the clause at 252.225-7040
has been modified as a result of internal comments, as follows:
Based on feedback from in-theater, paragraph (c)(1)(ii) no
longer includes the statement that the Contracting Officer will specify
in the contract the level of protection to be provided to Contractor
personnel. This is not feasible due to constant fluctuation in the
circumstances in theater. It is necessary to recognize the reality in
theater that changing conditions cannot always be foreseen. The clause
still retains the commitment in paragraph (c)(1) that the Combatant
Commander will develop a security plan for protection of Contractor
personnel in locations where there is not sufficient or legitimate
civil authority and the Combatant Commander decides it is in the
interest of the Government to provide security through military means.
However, the level of protection that will be necessary or appropriate
cannot be specified in the contract in advance. Moreover, taken in
conjunction with the change regarding withdrawal of mission-essential
personnel, the contractor personnel may be authorized to leave the area
if the Combatant Commander is not in a position to provide adequate
security.
Paragraph (b)(1) emphasizes that the clause applies to
both contractors authorized to accompany the Force (CAAF) and non-CAAF.
The proposed rule included the proposed change of applying the clause
to non-CAAF as well as CAAF. This change in paragraph (b)(1) just adds
``to both CAAF and non-CAAF'' for emphasis. It is necessary to make
this point clearly, because this was one of the most fundamental
changes proposed, the basis for changing the title of the clause from
``Contractor Personnel Authorized to Accompany U.S. Armed Forces . .
.'' to ``Contractor Personnel Supporting U.S. Armed Forces . . .''
Paragraph (b)(3) replaces the phrase ``individual
defense'' with ``individual self-defense.'' Likewise, at paragraph
(j)(1), the phrase ``personal protection'' has been revised to
``individual self-defense,'' for consistency with the wording of the
DoDI 3020.41.
Paragraph (c)(3) now requires that Contractor personnel
who are issued a letter of authorization must carry it with them at all
times while deployed. This change is a relatively minor requirement,
consistent with the DoDI 3020.41. Paragraph (d)(1)(iii) of the clause
already requires that the Contractor shall ensure that its personnel
comply with all applicable United States regulations, directives,
instructions, policies, and procedures.
Paragraph (e) has been re-titled ``Preliminary personnel
requirements'' rather than ``Pre-deployment requirements,'' because
some of the requirements relate to non-CAAF, who do not deploy. This is
just a semantic correction.
Paragraph (e)(1)(iii) no longer contains the requirement
for Contractor personnel to return all U.S.-Government issued
identification at the end of their deployment. This requirement has
been relocated to paragraph (h)(4), because the requirement is not a
preliminary personnel requirement.
Paragraph (j)(2) clarifies that if contractor personnel
are authorized to carry weapons in accordance with paragraph (j)(1) of
the clause, the contracting officer will notify the contractor what
weapons and ammunition are authorized. This change removes some
inconsistent statements and re-enforces the overarching policy
currently stated in paragraph (j)(1), that it is the Combatant
Commander who authorizes the carrying of weapons for individual self-
defense, in accordance with DoDI 3020.41. The Combatant Commander
determines whether to authorize in-theater Contractor personnel to
carry weapons, and what weapons and ammunition will be allowed. It is
not the contracting officer that authorizes the carrying of weapons,
``subject to the approval of the Combatant Commander.'' Rather the
contracting officer passes along to the contractor the authorization of
the Combatant Commander.
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 not a significant regulatory action and, therefore, was not
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
A final regulatory flexibility analysis has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
and is summarized as follows.
This rule updates the clause and prescription for DFARS 252.225-
7040, Contractor Personnel Supporting U.S. Armed Forces Deployed
Outside the United States, 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).''
DoDI 3020.41 was revised and reissued in December 2011. 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 30471]]
operations outside the United States . . .'' (DoDI 3020.41, section
1.a.).
There were no significant issues raised by the public comments in
response to the initial regulatory flexibility analysis. The Chief
Counsel for Advocacy of the Small Business Administration did not file
any comments in response to the rule.
The final 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 U.S. 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), the impact on U.S. small businesses should be minimal. In
its Paperwork Reduction Act estimate for SPOT, DoD estimated 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.
This rule does not impose any new reporting, recordkeeping, or
other compliance requirements. 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 did not identify any significant alternatives to the rule that
would accomplish the stated objective of implementing DoDI 3020.41 and
that would reduce the impact on small entities.
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, 48 CFR parts 212, 225, 237, 242, and 252 are amended 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. Amend section 212.301 by revising paragraph (f)(xlv) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(xlv) 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
0
3. Revise the heading of section 225.7402 to read as follows:
225.7402 Contractor personnel supporting U.S. Armed Forces deployed
outside the United States.
* * * * *
0
4. Revise section 225.7402-2 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
5. Revise section 225.7402-5(a) 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 (including both
contractors authorized to accompany the Force (CAAF) and non-CAAF) to
support U.S. Armed Forces deployed outside the United States in--
(1) Contingency operations;
(2) Humanitarian assistance operations;
(3) Peace operations consistent with Joint Publication 3-07.3; or
(4) Other military operations or military exercises, when
designated by the combatant commander or as directed by the Secretary
of Defense.
* * * * *
PART 237--SERVICE CONTRACTING
237.171-4 [Amended]
0
6. Amend section 237.171-4(a) by removing ``a Force'' and adding ``U.S.
Armed Forces'' in its place.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
242.302 [Amended]
0
7. Amend section 242.302(S-72) by removing the phrase ``Authorized to
Accompany'' and adding ``Supporting'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
8. Amend section 252.225-7040 by--
0
a. Revising the section heading;
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 ``(MAY 2014)'' 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. Removing paragraph (c)(1)(ii) and redesignating paragraph
(c)(1)(iii) as paragraph (c)(1)(ii);
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) and redesignating paragraph (c)(4) as
(c)(3);
0
j. Amending the newly redesignated paragraph (c)(3) by adding a new
sentence at the end of the paragraph.
0
k. Adding a new paragraph (c)(4);
0
l. Amending paragraph (d)(1) introductory text by removing the phrase
``authorized to accompany'' and adding ``supporting'' in its place;
[[Page 30472]]
0
m. Amending paragraph (d)(3) introductory text by removing ``contractor
employees accompanying U.S. Armed Forces'' and adding ``CAAF'' in its
place;
0
n. Revising the heading of paragraph (e) and paragraph (e)(1);
0
o. Amending paragraph (e)(2)(iv) by removing ``Contractor personnel
authorized to accompany U.S. Armed Forces in the field'' and adding
``CAAF'' in its place;
0
p. Adding paragraphs (e)(2)(v) and (vi);
0
q. Amending paragraph (f) introductory text by removing the words
``Deployed Contractor personnel'' and adding ``CAAF'' in its place;
0
r. Amending paragraph (f)(3) by--
0
i. Removing the phrase ``Joint Reception Center (JRC)'' and adding
``designated reception site (DRS)'' in its place; and
0
ii. Removing the words ``The JRC'' and adding ``The DRS'' in its place;
0
s. Revising paragraph (g);
0
t. Revising paragraph (h);
0
u. Amending paragraph (j)(1) by removing ``carry weapons,'' and adding
``carry weapons for individual self-defense,'' in its place, and
removing ``, paragraph 6.3.4.1 or, if the contract is for security
services, paragraph 6.3.5.3'';
0
v. Revising paragraph (j)(2);
0
w. Amending paragraph (j)(3)(ii), by removing ``and'';
0
x. Amending paragraph (j)(3)(iii), by removing the ``.'' and adding
``;'' in its place;
0
y. Adding paragraphs (j)(3)(iv) and (v);
0
z. Revising paragraph (o); and
0
aa. 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 collocated with the U.S. Armed Forces
(especially in non-permissive environments). Personnel collocated 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 or local
national 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 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 to both CAAF and non-CAAF when performing
in a designated operational area outside the United States to support
U.S. Armed Forces deployed outside the United States in--
(i) Contingency operations;
(ii) Humanitarian assistance operations;
(iii) Peace operations, consistent with Joint Publication 3-07.3;
or
(iv) Other military operations or military exercises, when
designated by the Combatant Commander or 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 self-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.
(3) * * * Contractor personnel who are issued a letter of
authorization shall carry it with them at all times while deployed.
(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) Preliminary personnel requirements.
(1) The Contractor shall ensure that the following requirements are
met prior to deploying CAAF (specific requirements for each category
will be specified in the statement of work or elsewhere in the
contract):
(i) All required security and background checks are complete and
acceptable.
(ii) All CAAF deploying in support of an applicable operation--
[[Page 30473]]
(A) Are medically, dentally, and psychologically fit for deployment
and performance of their contracted duties;
(B) 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
(C) Have received all required immunizations as specified in the
contract.
(1) 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.
(2) All other immunizations shall be obtained prior to arrival at
the deployment center.
(3) All CAAF and selected non-CAAF, as specified in the statement
of work, shall bring to the designated operational area a copy of the
Public Health Service Form 791, ``International Certificate of
Vaccination'' that shows vaccinations are current.
(iii) Deploying personnel have all necessary passports, visas, and
other documents required to enter and exit a designated operational
area and have a Geneva Conventions identification card, or other
appropriate DoD identity credential, from the deployment center.
(iv) Special area, country, and theater clearance is obtained for
all personnel deploying. Clearance requirements are in DoD Directive
4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign
Clearance Guide. For this purpose, CAAF are considered non-DoD
contractor personnel traveling under DoD sponsorship.
(v) All deploying personnel have received personal security
training. At a minimum, the training shall--
(A) Cover safety and security issues facing employees overseas;
(B) Identify safety and security contingency planning activities;
and
(C) Identify ways to utilize safety and security personnel and
other resources appropriately.
(vi) All personnel have received isolated personnel training, if
specified in the contract, in accordance with DoD Instruction 1300.23,
Isolated Personnel Training for DoD Civilian and Contractors.
(vii) Personnel have received law of war training as follows:
(A) Basic training is required for all CAAF deployed outside the
United States. The basic training will be provided through--
(1) A military-run training center; or
(2) A web-based source, if specified in the contract or approved by
the Contracting Officer.
(B) Advanced training, commensurate with their duties and
responsibilities, may be required for some Contractor personnel as
specified in the contract.
* * * * *
(e) * * *
(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 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 designated as mission essential and ensure the continuity of
essential Contractor services during designated operations, unless,
after consultation with the Contracting Officer, Contracting Officer's
representative, or local commander, the Contracting Officer directs
withdrawal due to security conditions.
(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.
(4) 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 (or, for non-
CAAF, at the end of their employment under this contract).
* * * * *
(j) * * *
(2) If Contractor personnel are authorized to carry weapons in
accordance with paragraph (j)(1) of this clause, the Contracting
Officer will-notify the Contractor what weapons and ammunition are
authorized.
(3) * * *
(iv) Comply with applicable Combatant Commander and local commander
force-protection policies; and
(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) Peace operations consistent with Joint Publication 3-07.3; or
(4) Other military operations or military exercises, when
designated by the Combatant Commander or as directed by the Secretary
of Defense.
* * * * *
[FR Doc. 2014-12133 Filed 5-27-14; 8:45 am]
BILLING CODE 5001-06-P
