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]

Download as PDF 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. mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 17:24 May 27, 2014 Jkt 232001 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– PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 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: E:\FR\FM\28MYR1.SGM 28MYR1 30470 Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 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 mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:12 May 27, 2014 Jkt 232001 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 E:\FR\FM\28MYR1.SGM 28MYR1 Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 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: mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:12 May 27, 2014 Jkt 232001 PO 00000 Frm 00033 Contract clauses. Fmt 4700 Sfmt 4700 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; ■ ■ ■ E:\FR\FM\28MYR1.SGM 28MYR1 30472 Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 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. mstockstill on DSK4VPTVN1PROD with RULES * * * * * (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 VerDate Mar<15>2010 16:12 May 27, 2014 Jkt 232001 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, PO 00000 Frm 00034 Fmt 4700 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— E:\FR\FM\28MYR1.SGM 28MYR1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations (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 Fmt 4700 Sfmt 9990 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 E:\FR\FM\28MYR1.SGM 28MYR1

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]


=======================================================================
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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

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