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

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 158

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

Operational Contract Support

AGENCY: Department of Defense (DoD).

ACTION: Interim final rule.

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outdated policy.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

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

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

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

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

Regulatory Procedures

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

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

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

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

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

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

[[Page 81808]]

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

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

Executive Order 13132, ``Federalism''

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

List of Subjects in 32 CFR Part 158

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

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

PART 158--OPERATIONAL CONTRACT SUPPORT

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

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

Sec.  158.1  Purpose.

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

Sec.  158.2  Applicability.

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

Sec.  158.3  Definitions.

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

[[Page 81809]]

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

[[Page 81810]]

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

Sec.  158.4  Policy.

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

Sec.  158.5  Responsibilities.

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

[[Page 81811]]

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

[[Page 81812]]

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

    (m) The geographic CCDRs and the CDRUSSOCOM (when they are the 
supported commander) shall:
    (1) Plan and execute OCS program management, contract support 
integration, and contractor management actions in all applicable 
contingency operations in their AOR.
    (2) Conduct integrated planning to determine and synchronize 
contract support requirements to facilitate OCS planning and 
contracting and contractor management oversight.
    (3) In coordination with the Services and functional components, 
identify military capabilities shortfalls in all the joint warfighting 
functions that require contracted solutions. Ensure these requirements 
are captured in the appropriate CCDR, subordinate JFC, Service 
component and combat support agency CSIP or other appropriate section 
of the CONPLAN with time-phased force and deployment data (TPFDD), 
OPLAN or operation order (OPORD).
    (4) Require Service component commanders and supporting Defense 
Agencies and DoD Field Activities to:
    (i) Identify and incorporate contract support and operational 
acquisition requirements in supporting plans to OPLANs and CONPLANs 
with TPFDD, and to synchronize their supporting

[[Page 81813]]

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

[[Page 81814]]

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

Sec.  158.6  Procedures.

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

[[Page 81815]]

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

[[Page 81816]]

www.acq.osd.mil/dpap/pacc/cc/areas_of_responsibility.html shall 
include the information in paragraphs (b)(4)(i) through (b)(4)(ix) of 
this section (the data owner must review this information for security 
classification and OPSEC considerations prior to its posting).
    (i) Theater Business Clearance and Contract Administration 
Delegation requirements for external support and systems support 
contracts executing or delivering contracted support in the CCDR's AOR 
(implemented at the CCDR's discretion).
    (ii) Restrictions imposed by applicable international and local 
laws, SOFAs, and HN support agreements.
    (iii) CAAF-related deployment requirements and theater reception.
    (iv) Reporting requirements for accountability of contractor 
personnel and visibility of contracts.
    (v) OPSEC plans and restrictions.
    (vi) Force protection policies.
    (vii) Personnel recovery procedures.
    (viii) Availability of medical and other Government-furnished 
support.
    (ix) Redeployment procedures.
    (5) Implementing OCS Plan Decisions Into Contracts.
    (i) Specific contract-related considerations and requirements set 
forth in Annex Ws of CONPLANs with TPFDD and OPLANs shall be reflected 
and addressed in CCDR policies (e.g., Theater Business Clearance/
Contract Administration Delegation) and orders that apply to 
contractors and their personnel, maintained on CCDR OCS Web pages and 
integrated into contracts performing or delivering in a CCDR area of 
responsibility. When such CCDR policies potentially affect contracts 
other than those originated in the CCDR AOR, the CCDR should consult 
the contingency contracting section of the Office of the Director, 
DPAP, for advice on how best to implement these policies. All 
contracted services in support of contingency operations shall be 
included and accounted for in accordance with 10 U.S.C. 235 and 2330a. 
This accounting shall be completed by the operational CCDR requiring 
the service.
    (ii) When making logistics sustainability recommendations, the DoD 
Components and acquisition managers shall consider the requirements of 
DoD Instruction 5000.02 (see http://www.dtic.mil/whs/directives/corres/pdf/500002p.pdf) and paragraph (a)(5) of this section. Early in the 
contingency or crisis action planning process, they shall coordinate 
with the affected supported and supporting commands any anticipated 
requirements for contractor logistics support arrangements that may 
affect existing CONPLANs, OPLANs, and OPORDs. As part of the supporting 
plans, supporting organizations (Service components, defense agencies, 
others) must provide adequate data (e.g., estimates of the numbers of 
contractors and contracts and the types of supplies or services that 
will be required to support their responsibilities within the OPLAN) to 
the supported command planners to ensure the supported commander has 
full knowledge of the magnitude of contracted support required for the 
applicable contingency operation.
    (6) TPFDD Development. Deployment data for CAAF and their equipment 
supporting the Military Services must be incorporated into TPFDD 
development and deployment execution processes in accordance with 
Chairman of the Joint Chiefs of Staff Manual 3122.02C (see https://ca.dtic.mil/cjcs_directives/cjcs/manuals.htm). The requirement to 
provide deployment data shall be incorporated into known system support 
and external support contracts and shall apply regardless of whether 
defense contractors will provide or arrange their own transportation.
    (c) Deployment and Theater Admission Requirements and Procedures. 
The considerations in this section are applicable during CAAF 
deployment processing.
    (1) General.
    (i) The CCDR or subordinate JFC shall provide specific deployment 
and theater admission requirements to the DoD Components for each 
applicable contingency operation. These requirements must be delineated 
in supporting contracts as explained in 48 CFR PGI 225.74. At a 
minimum, contracting officers shall ensure that contracts address 
operational area-specific contract requirements and the means by which 
the Government will inform contractors of the requirements and 
procedures applicable to a deployment.
    (ii) A formally designated group, joint, or Military Department 
deployment center (e.g., replacement center, Federal deployment center, 
unit deployment site) shall be used to conduct deployment and 
redeployment processing for CAAF, unless contractor-performed theater 
admission preparation is authorized according to paragraph (c)(5), or 
waived pursuant to paragraph (c)(15), of this section. However, a 
Government-authorized process that incorporates all the functions of a 
deployment center may be used if designated in the contract.
    (2) Country Entry Requirements. Special area, country, and theater 
personnel clearance documents must be current in accordance with the 
DoD Foreign Clearance Guide (available at https://www.fcg.pentagon.mil/
) and coordinated with affected agencies (e.g., Intelligence Community 
agencies) to ensure that entry requirements do not impact 
accomplishment of mission requirements. CAAF employed in support of a 
DoD mission are considered DoD-sponsored personnel for DoD Foreign 
Clearance Guide purposes. Contracting officers shall ensure contracts 
include a requirement that CAAF must meet theater personnel clearance 
requirements and must obtain personnel clearances prior to entering 
applicable contingency operations. Contracts shall require CAAF to 
obtain proper identification credentials (e.g., passport, visa) as 
required by the terms and conditions of the contract.
    (3) Accountability and Visibility of Contingency Contracts and 
Contractor Personnel.
    (i) DoD contracts and contractors supporting an applicable 
contingency operation shall be accountable and visible in accordance 
with this part, 48 CFR PGI 225.74, and section 862 of Public Law 110-
181 (``National Defense Authorization Act for Fiscal Year 2008,'' 
January 28, 2008). Additionally, contract linguist utilization will be 
tracked using the Contract Linguist Enterprise-wide Database in 
accordance with DoD Directive 5160.41E. OCS requirements and contractor 
accountability and visibility must be preplanned and integrated into 
plans and OPORDs in accordance with Joint Publication 4-10 and Chairman 
of the Joint Chiefs of Staff Manual 3122.02C and U.S. citizen, U.S. 
legal alien contractor, LN, and TCN information provided in accordance 
with CJCS Manual 3150.13C (see http://www.dtic.mil/cjcs_directives/cdata/unlimit/m315013.pdf).
    (ii) As stated in the Deputy Under Secretary of Defense (Logistics 
and Materiel Readiness) and Deputy Under Secretary of Defense (Program 
Integration) Memorandum, ``Designation of Synchronized Predeployment 
and Operational Tracker (SPOT) as Central Repository for Information on 
Contractors Deploying with the Force,'' January 25, 2007 (see http://www2.centcom.mil/sites/contracts/Synchronized%20Predeployment%20and%20Operational%20Tracker/01-SPOT%20DFARS%20Deviation%202007-00004,%2019%20MAR%2007.pdf), SPOT was 
designated as the joint web-based database to assist the CCDRs in

[[Page 81817]]

maintaining awareness of the nature, extent, and potential risks and 
capabilities associated with OCS for contingency operations, 
humanitarian assistance and peacekeeping operations, or military 
exercises designated by the CCDR. To facilitate integration of 
contingency contractors and other personnel as directed by the 
USD(AT&L) or the CCDR, and to ensure accountability, visibility, force 
protection, medical support, personnel recovery, and other related 
support can be accurately forecasted and provided, these procedures 
shall apply for establishing, maintaining, and validating the database:
    (A) SPOT or its successor shall:
    (1) Serve as the central repository for up-to-date status and 
reporting on contingency contractor personnel as directed by the 
USD(AT&L), 48 CFR 252.225-7040 and 48 CFR PGI 225.74, or the CCDR, as 
well as other Government agency contractor personnel as applicable.
    (2) Track contract information for all DoD contracts supporting 
applicable contingency operations, as directed by the USD(AT&L), 48 CFR 
PGI 225.74 and Chairman of the Joint Chiefs of Staff Manual 3150.13C, 
or the CCDR. SPOT data elements are intended to provide planners and 
CCDRs an awareness of the nature, extent, and potential risks and 
capabilities associated with contracted support.
    (3) Provide personnel accountability via unique identifier (e.g., 
Electronic Data Interchange Personnel Identifier (EDI-PI)) of DoD 
contingency contractor personnel and other personnel as directed by the 
USD(AT&L), 48 CFR PGI 225.74, Chairman of the Joint Chiefs of Staff 
Manual 3150.13C, or the CCDR.
    (4) Contain, or link to, minimum contract information (e.g., 
contract number, contract category, period of performance, contracting 
agency and contracting office) necessary to establish and maintain 
accountability and visibility of the personnel in paragraph 
(c)(3)(ii)(A)1. of this section, to maintain information on specific 
equipment related to private security contracts, and the contract 
capabilities in contingency operations, humanitarian assistance, and 
peacekeeping operations, or military exercises designated by the CCDR.
    (5) Comply with the personnel identity protection program 
requirements of DoD Directive 5205.02, DoD 5400.11-R (see http://www.dtic.mil/whs/directives/corres/pdf/540011r.pdf), and DoD 6025.18-R 
(see http://www.dtic.mil/whs/directives/corres/pdf/602518r.pdf); be 
consistent with the DoD Global Information Grid enterprise architecture 
in DoD Directive 8000.01 (see http://www.dtic.mil/whs/directives/corres/pdf/800001p.pdf); and be compliant with DoD Directive 8320.02 
(see http://www.dtic.mil/whs/directives/corres/pdf/832002p.pdf), DoD 
Directive 4630.05 (see http://www.dtic.mil/whs/directives/corres/pdf/463005p.pdf), and DoD Directive 8500.01E (see http://www.dtic.mil/whs/directives/corres/pdf/850001p.pdf).
    (B) All required data must be entered into SPOT or its successor 
before a contractor employee is permitted to deploy to or enter a 
military theater of operations. Contracting officers, through the terms 
of the contracts, shall require contractors to enter data before an 
employee's deployment and to maintain and update the information for 
all CAAF, as well as non-CAAF as directed by the USD(AT&L), 48 CFR PGI 
225.74, or the CCDR. The contract shall require the contractor to use 
SPOT or its successor, to enter and maintain data on its employees.
    (C) A summary of all DoD contract services or capabilities for all 
contracts that are awarded to support contingency, humanitarian 
assistance, and peacekeeping operations, to include theater, external, 
and systems support contracts, shall be entered into SPOT or its 
successor in accordance with 48 CFR 252.225-7040 and 48 CFR PGI 225.74.
    (D) In accordance with applicable acquisition policy and 
regulations, all defense contractors awarded contracts that support 
applicable contingency operations shall be required, under the terms 
and conditions of each affected contract, to input employee data and 
maintain by-name accountability of designated contractor personnel in 
SPOT or its successor as required by 48 CFR 252.225-7040 and 48 CFR PGI 
225.74. Contractors shall be required under the terms and conditions of 
their contracts to maintain policies and procedures for knowing the 
general location of their employees and to follow the procedures 
provided to them to submit up-to-date, real-time information reflecting 
all personnel deployed or to be deployed in support of contingency, 
humanitarian assistance, and peacekeeping operations. Prime contractors 
shall be required under the terms and conditions of their contract to 
follow the procedure provided to them to submit into SPOT or its 
successor, up-to-date, real-time information regarding their 
subcontractors at all tiers.
    (E) In all cases, classified information responsive to the 
requirements of this part shall be reported and maintained on systems 
approved for the level of classification of the information provided.
    (4) LOA. A SPOT-generated LOA shall be issued by the contracting 
officer or designee to all CAAF as required by the clause in 48 CFR 
subpart 252.225-7040 and selected non-CAAF (e.g., LN private security 
contractors) as required under 48 CFR PGI 225.74 or otherwise 
designated by the CCDR. The contract shall require that all contingency 
contractor personnel who are issued an LOA will carry the LOA with them 
at all times. For systems authorized in accordance with paragraph 
(c)(3)(ii)(B) of this section, DoD Components shall coordinate with the 
SPOT program manager to obtain an LOA handled within appropriate 
security guidelines.
    (5) Deployment Center Procedures.
    (i) Affected contracts shall require that all CAAF process through 
a designated deployment center or a Government-authorized, contractor-
performed deployment processing facility prior to deploying to an 
applicable contingency operation. Upon receiving the contracted 
company's certification that employees meet deployability requirements, 
the contracting officer or his/her representative will digitally sign 
the LOA. The LOA will be presented to officials at the deployment 
center. The deployment process shall be for, but not limited to:
    (A) Verifying accountability information in SPOT or its successor.
    (B) Issuing applicable Government-furnished equipment.
    (C) Verifying medical and dental screening, including required 
military-specific vaccinations and immunizations (e.g., anthrax, 
smallpox).
    (D) Verifying and, when necessary, providing required training 
(e.g., Geneva Conventions; law of armed conflict; general orders; 
standards of conduct; force protection; personnel recovery; first aid; 
operations security; anti-terrorism; counterintelligence reporting; the 
use of chemical, biological, radiological, nuclear (CBRN) protective 
ensemble), country and cultural awareness briefings, and other training 
and briefings as appropriate.
    (ii) Affected contingency contracts shall require that, prior to 
deployment, contractors certify to the Government authorizing 
representative named in the contract that all required deployment 
processing actions have been completed for each individual.
    (6) CAAF Identification, Training, and Security Clearance 
Requirements. Contracts shall require eligible CAAF to be issued an 
identification card with the Geneva Conventions Accompanying the Force 
designation in accordance with

[[Page 81818]]

DoD Instruction 1000.13 (see http://www.dtic.mil/whs/directives/corres/pdf/100013p.pdf) and DTM 08-003 (see http://www.dtic.mil/whs/directives/corres/pdf/DTM-08-003.pdf). CAAF shall be required to 
present their SPOT generated LOA as proof of eligibility at the time of 
ID card issuance. All CAAF shall receive training regarding their 
status under the law of war and the Geneva Convention. In addition and 
to the extent necessary, the contract shall require the defense 
contractor to provide personnel who have the appropriate security 
clearance or are able to satisfy the appropriate background 
investigation to obtain access required for the applicable contingency 
operation.
    (7) Government Support. Generally, contingency contracts shall 
require that contractors provide all life, mission, and administrative 
support to their employees necessary to perform the contract in 
accordance with DoD Instruction 4161.02 (see http://www.dtic.mil/whs/directives/corres/pdf/416102p.pdf) and CCDR guidance as posted on the 
CCDR OCS Web site. As part of preparing an acquisition requirement, the 
requiring activity will include an estimate of the Government support 
that is required to be provided to CAAF and selected non-CAAF in 
accordance with 48 CFR 4.1301, 4.1303, 52.204-9, 7.5, 7.503(e), 2.101, 
and 3.502 and 48 CFR PGI 225.74. The requiring activity will confirm 
with theater adjudication authorities that the Government has the 
capacity, capability, and willingness to provide the support. However, 
in many contingency operations, especially those in which conditions 
are austere, uncertain, and/or non-permissive, the contracting officer 
may decide it is in the interest of the Government to allow for 
selected life, mission, medical, and administrative support to some 
contingency contractor personnel. Prior to awarding the contract, the 
contracting officer will request the requiring activity to verify that 
proper arrangements for Government support at the deployment center and 
within the designated operational area have been made. The contract 
shall specify the level of Government-furnished support to be provided 
to CAAF and selected non-CAAF and what support is reimbursable to the 
Government. The requiring activity will ensure that approved GFS is 
available.
    (8) Medical Preparation.
    (i) In accordance with Sec.  158.7 of this part, contracts shall 
require that contractors provide medically and physically qualified 
contingency contractor personnel to perform duties in applicable 
contingency operations as outlined in the contract. Any CAAF deemed 
unsuitable to deploy during the deployment process due to medical or 
dental reasons will not be authorized to deploy. The Secretary of 
Defense may direct immunizations as mandatory for CAAF performing DoD-
essential contractor services in accordance with Joint Publication 4-0, 
``Joint Logistics'', and Chairman of the Joint Chiefs of Staff Manual 
3150.13C. For CAAF who are U.S. citizens, contracts shall require 
contractors to make available the medical and dental records (including 
current panographic x-ray) of the deploying employees who grant release 
authorization for this purpose, according to contract terms based on 
this section, DoD Directive 6485.02E (see http://www.dtic.mil/whs/directives/corres/pdf/648502p.pdf), applicable joint force command 
surgeon guidance, and relevant Military Department policy.
    (ii) Government personnel cannot force a contractor employee to 
receive an immunization or disclose private medical records against his 
or her will; therefore, particularly for medical requirements that 
arise after contract award, the contracting officer will allow 
contractors time to notify and/or hire employees who are willing to 
meet Government medical requirements and disclose their private 
information.
    (iii) Medical threat pre-deployment briefings will be provided to 
all CAAF to communicate health risks and countermeasures in the 
designated operational area in accordance with DoD Instruction 6490.03 
(see http://www.dtic.mil/whs/directives/corres/pdf/649003p.pdf). Health 
readiness, force health protection capability, either as a 
responsibility of the contractor or the DoD Components, will be fully 
delineated in plans, orders, and contracts to ensure appropriate 
medical staffing in the operational area. Health surveillance 
activities shall also include plans for contingency contractor 
personnel who are providing essential contractor services (as detailed 
in DoD Directive 6490.02E (see http://www.dtic.mil/whs/directives/corres/pdf/649002Ep.pdf)). Deoxyribonucleic acid (DNA) collection and 
other medical requirements are further addressed in Sec.  158.7 of this 
part.
    (9) Individual Protective Equipment (IPE). When necessary and 
directed by CCDR, the contracting officer will include language in the 
contract authorizing CAAF and selected non-CAAF, as designated by the 
CCDR, to be issued military IPE (e.g., CBRN protective ensemble, body 
armor, ballistic helmet) in accordance with DoD Directive 1100.4. This 
equipment shall typically be issued at the deployment center, before 
deployment to the designated operational area, and must be accounted 
for and returned to the Government or otherwise accounted for in 
accordance with appropriate DoD Component standing regulations 
(including DoD Instruction 4161.2 (see http://www.dtic.mil/whs/directives/corres/pdf/416102p.pdf), directives, instructions, and 
supplementing publications). It is important to plan and resource IPE 
as required by the geographic CCDR or subordinate JFC, and the terms of 
the contract. Training on the proper care, fitting, and maintenance of 
issued protective equipment will be provided as part of contractor 
deployment training. This training will include practical exercises 
within the context of the various mission-oriented protective posture 
levels. When a contractor is required under the terms and conditions of 
the contract to provide IPE, such IPE shall meet minimum standards as 
defined by the contract.
    (10) Clothing. Defense contractors or their personnel are 
responsible for providing their own personal clothing, including casual 
and working clothing required by the assignment. Generally, commanders 
shall not issue military clothing to contractor personnel or allow the 
wearing of military or military look-alike uniforms. However, a CCDR or 
subordinate JFC deployed forward may authorize contractor personnel to 
wear standard uniform items for operational reasons. Contracts shall 
require that this authorization be in writing and maintained in the 
possession of authorized contractor personnel at all times. When 
commanders issue any type of standard uniform item to contractor 
personnel, care must be taken to ensure, consistent with force 
protection measures, that contractor personnel are distinguishable from 
military personnel through the use of distinctive patches, arm bands, 
nametags, or headgear.
    (11) Weapons. Contractor personnel shall not be authorized to 
possess or carry firearms or ammunition during applicable contingency 
operations except as provided in paragraphs (d)(5) and (d)(6) of this 
section and in 32 CFR part 159. The contract shall provide the terms 
and conditions governing the possession of firearms.
    (12) Training. Joint training policy and guidance for the Military 
Services, including DoD contractors, is provided in CJCS Instruction 
3500.01F (see http://www.dtic.mil/doctrine/training/cjcsi3500_01f.pdf). Standing training requirements shall be placed on the

[[Page 81819]]

CCDR OCS Web sites for reference by contractors. Training requirements 
that are specific to the operation shall be placed on the CCDR Web 
sites immediately after a declared contingency so contracting officers 
can incorporate them into the appropriate contracts as soon as 
possible. Training requirements must be contained or incorporated by 
reference in contracts employing contractor personnel in support of an 
applicable contingency operation. Training requirements include 
specific training requirements established by the CCDR and training 
required in accordance with this part, 32 CFR part 159, DoD Directive 
2000.12 (see http://www.dtic.mil/whs/directives/corres/pdf/200012p.pdf), and DoD Instruction 2000.16 (see http://www.dtic.mil/whs/directives/corres/pdf/200016p.pdf and DoD Instruction 1300.23 (see 
http://www.dtic.mil/whs/directives/corres/pdf/130023p.pdf).
    (13) Legal Assistance. Individual contractor personnel are 
responsible to have their personal legal affairs in order (including 
preparing and completing powers of attorney, wills, trusts, estate 
plans, etc.) before reporting to deployment centers. Contractor 
personnel are not entitled to military legal assistance either in-
theater or at the deployment center.
    (14) Contractor Integration. It is critical that CAAF brought into 
an operational area are properly integrated into the military operation 
through a formal reception process. This shall include, at a minimum, 
ensuring as they move into and out of the operational area, and 
commensurate with local threat levels, that they:
    (i) Have met theater entry requirements and are authorized to enter 
the theater.
    (ii) Are accounted for.
    (iii) Possess any required IPE, including CBRN protective ensemble.
    (iv) Have been authorized any required Government-furnished support 
and force protection.
    (15) Waivers. For contract support in the operational area that is 
required for less than 30 consecutive days, the CCDR or designee may 
waive a portion of the formal procedural requirements in paragraph 
(c)(5) of this section, which may include waiving the requirement for 
processing through a deployment center. However, the requirements to 
possess proper identification cards and to establish and maintain 
accountability and visibility for all defense contractors in accordance 
with applicable policy shall not be waived, nor shall any medical 
requirement be waived without the prior approval of qualified medical 
personnel. If contingency contractor personnel are authorized to be 
armed, the requirements of paragraphs (d)(5) and (d)(6) of this section 
cannot be waived.
    (d) Contractor In-Theater Management Requirements. The DoD 
Components shall adhere to the in-theater management policies of this 
section in managing contingency contractor personnel in support of 
applicable contingency operations.
    (1) Reception. All CAAF shall be processed into the operational 
area through a designated reception site. The site shall verify, based 
upon a visual inspection of the LOA, that contractor personnel are 
entered into SPOT or its successor, and verify that personnel meet 
theater-specific entry requirements. Contractor personnel already in 
the designated operational area when a contingency is declared must 
report to the appropriate designated reception site as soon as it is 
operational. If any CAAF does not have the proper documentation, the 
person will be refused entry into the theater, and the contracting 
officer will notify the contractor to take action to resolve the reason 
for the lack of proper documentation for performing in that area. 
Should the contractor fail to take that action, the person shall be 
sent back to his or her departure point, or directed to the Service 
component command or Defense Agency responsible for that specific 
contract for theater entrance processing.
    (2) Contractor Use Restrictions. CCDRs, through their respective 
contracting officers or their representatives, may place specific 
restrictions on locations or timing of contracted support based on the 
prevailing operational situation, in coordination with subordinate 
commanders and the applicable Defense Agencies.
    (3) Contractor Security Screening. Contractor screening 
requirements for CAAF and non-CAAF who require access to U.S. 
facilities will be integrated into OPSEC programs and plans.
    (4) Contractor Conduct and Discipline. Terms and conditions of 
contracts shall require that CAAF comply with theater orders, 
applicable directives, laws, and regulations, and that employee 
discipline is maintained. Non-CAAF who require base access will be 
directed to follow base force protection and security-related 
procedures as applicable.
    (i) Contracting officers are the legal link between the requiring 
activity and the contractor. The contracting officer may appoint a 
designee (usually a COR) as a liaison between the contracting officer 
and the contractor and requiring activity. This designee monitors and 
reports contractor performance and requiring activity concerns to the 
contracting officer. The requiring activity has no direct contractual 
relationship with or authority over the contractor. However, the 
ranking military commander may, in emergency situations (e.g., enemy or 
terrorist actions or natural disaster), urgently recommend or issue 
warnings or messages urging that CAAF and non-CAAF personnel take 
emergency actions to remove themselves from harm's way or take other 
appropriate self-protective measures.
    (ii) The contractor is responsible for disciplining contingency 
contractor personnel. However, in accordance with paragraph (h)(1) of 
48 CFR 252.225-7040, the contracting officer may direct the contractor, 
at its own expense, to remove and replace any contingency contractor 
personnel who jeopardize or interfere with mission accomplishment, or 
whose actual field performance (certification/professional standard) is 
well below that stipulated in the contract, or who fail to comply with 
or violate applicable requirements of the contract. Such action may be 
taken at Government discretion without prejudice to its rights under 
any other provision of the contract, including the Termination for 
Default. A commander also has the authority to take certain actions 
affecting contingency contractor personnel, such as the ability to 
revoke or suspend security access or impose restrictions from access to 
military installations or specific worksites.
    (iii) CAAF, with some restrictions (e.g., LN CAAF are not subject 
to MEJA), are subject to prosecution under MEJA and UCMJ in accordance 
with 18 U.S.C. 7(9), 2441, and 3261 and Secretary of Defense 
Memorandum, ``UCMJ Jurisdiction Over DoD Civilian Employees, DoD 
Contractor Personnel, and Other Persons Serving With or Accompanying 
the Armed Forces Overseas During Declared War and in Contingency 
Operations,'' March 10, 2008. Commanders possess significant authority 
to act whenever criminal activity is committed by anyone subject to 
MEJA and UCMJ that relates to or affects the commander's 
responsibilities. This includes situations in which the alleged 
offender's precise identity or actual affiliation is to that point 
undetermined. Secretary of Defense Memorandum, ``UCMJ Jurisdiction Over 
DoD Civilian Employees, DoD Contractor Personnel, and Other Persons 
Serving With or Accompanying the Armed Forces Overseas During Declared 
War and in

[[Page 81820]]

Contingency Operations,'' March 10, 2008, sets forth the scope of this 
command authority in detail. Contracting officers will ensure that 
contractors are made aware of their status and liabilities as CAAF and 
the required training requirements associated with this status. Subject 
to local or HN law, SOFA, and the jurisdiction of the Department of 
State (e.g., consulate or chief of mission) over civilians in another 
country, commanders retain authority to respond to an incident, restore 
safety and order, investigate, apprehend suspected offenders, and 
otherwise address the immediate needs of the situation.
    (iv) The Department of Justice may prosecute misconduct under 
applicable Federal laws, including MEJA and 18 U.S.C. 2441. Contingency 
contractor personnel are also subject to the domestic criminal laws of 
the local nation absent a SOFA or international agreement to the 
contrary. When confronted with disciplinary problems involving 
contingency contractor personnel, commanders shall seek the assistance 
of their legal staff, the contracting officer responsible for the 
contract, and the contractor's management team.
    (v) In the event of an investigation of reported offenses alleged 
to have been committed by or against contractor personnel, appropriate 
investigative authorities shall keep the contracting officer informed, 
to the extent possible without compromising the investigation, if the 
alleged offense has a potential contract performance implication.
    (5) Force Protection and Weapons Issuance. CCDRs shall develop 
security plans for protection of CAAF and selected non-CAAF (e.g., 
those working on a military facility or as otherwise determined by the 
operational commander) in locations where the civil authority is either 
insufficient or illegitimate, and the commander determines it is in the 
interests of the Government to provide security because the contractor 
cannot obtain effective private security services; such services are 
unavailable at a reasonable cost; or threat conditions necessitate 
security through military means.
    (i) In appropriate cases, the CCDR may provide security through 
military means commensurate with the level of security provided DoD 
civilians. Specific security measures shall be mission and situation 
dependent as determined by the CCDR and provided to the contracting 
officer. The contracting officer shall include in the contract the 
level of protection to be provided to contingency contractor personnel 
as determined by the CCDR or subordinate JFC. Specific procedures for 
determining requirements for and integrating contractors into the JOA 
force protection structure will be placed on the geographic CCDR Web 
sites.
    (ii) Contracts shall require all contingency contractor personnel 
to comply with applicable CCDR and local commander force protection 
policies. Contingency contractor personnel working within a U.S. 
Military facility or in close proximity of U.S. Military forces may 
receive incidentally the benefits of measures undertaken to protect 
U.S. forces in accordance with DoD Directive 2000.12 (see http://www.dtic.mil/whs/directives/corres/pdf/200012p.pdf). However, it may be 
necessary for contingency contractor personnel to be armed for 
individual self-defense. Procedures for arming for individual self-
defense are:
    (A) According to applicable U.S., HN, or international law; 
relevant SOFAs; international agreements; or other arrangements with 
local authorities and on a case-by-case basis when military force 
protection and legitimate civil authority are deemed unavailable or 
insufficient, the CCDR (or a designee no lower than the general/flag 
officer level) may authorize contingency contractor personnel to be 
armed for individual self-defense.
    (B) The appropriate SJA to the CCDR shall review all applications 
for arming contingency contractor personnel on a case-by-case basis to 
ensure there is a legal basis for approval. In reviewing applications, 
CCDRs shall apply the criteria mandated for arming contingency 
contractor personnel for private security services provided in 
paragraph (d)(6) of this section and 32 CFR part 159. In such cases, 
the contractor will validate to the contracting officer, or designee, 
that weapons familiarization, qualification, and briefings regarding 
the rules for the use of force have been provided to contingency 
contractor personnel in accordance with CCDR policies. Acceptance of 
weapons by contractor personnel shall be voluntary and permitted by the 
defense contractor and the contract. In accordance with paragraph (j) 
of 48 CFR 252.225-7040, the contract shall require that the defense 
contractor ensure such personnel are not prohibited by U.S. law from 
possessing firearms.
    (C) When armed for personal protection, contingency contractor 
personnel are only authorized to use force for individual self-defense. 
Unless immune from local laws or HN jurisdiction by virtue of an 
international agreement or international law, the contract shall 
include language advising contingency contractor personnel that the 
inappropriate use of force could subject them to U.S. and local or HN 
prosecution and civil liability.
    (6) Use of Contractor Personnel for Private Security Services. If, 
consistent with applicable U.S., local, and international laws; 
relevant HN agreements, or other international agreements and this 
part, a defense contractor may be authorized to provide private 
security services for other than uniquely military functions as 
identified in DoD Instruction 1100.22. Specific procedures relating to 
contingency contractor personnel providing private security services 
are provided in 32 CFR part 159.
    (7) Personnel Recovery, Missing Persons, and Casualty Reporting.
    (i) DoD Directive 3002.01E (see http://www.dtic.mil/whs/directives/corres/pdf/300201p.pdf) outlines the DoD personnel recovery program and 
Joint Publication 3-50 (see http://www.dtic.mil/dpmo/laws_directives/documents/joint_pu_3_50.pdf) details its doctrine. The DoD personnel 
recovery program covers all CAAF employees regardless of their 
citizenship. If a CAAF becomes isolated or unaccounted for, the 
contractor must expeditiously file a search and rescue incident report 
(SARIR) (available at http://www.armystudyguide.com/content/the_tank/army_report_and_message_formats/search-and-rescue-inciden.shtml) to 
the theater's personnel recovery architecture, i.e., the component 
personnel recovery coordination cell or the Combatant Command joint 
personnel recovery center.
    (ii) Upon recovery following an isolating event, a CAAF returnee 
shall enter the first of three phases of reintegration in DoD 
Instruction 2310.4 (see http://www.dtic.mil/whs/directives/corres/pdf/231004p.pdf). The additional phases of reintegration in DoD Instruction 
2310.4 shall be offered to the returnee to ensure his or her physical 
and psychological well being while adjusting to the post-captivity 
environment.
    (iii) Accounting for missing persons, including contractors, is 
addressed in DoD Directive 2310.07E (see http://www.dtic.mil/whs/directives/corres/pdf/231007p.pdf). Evacuation of dependents of 
contractor personnel is addressed in DoD Directive 3025.14 (see http://www.dtic.mil/whs/directives/corres/pdf/302514p.pdf). All CAAF and non-
CAAF casualties shall be reported in accordance with Joint Publication 
1-0, ``Personnel Support to Joint Operations,'' October 16, 2006 (see

[[Page 81821]]

http://www.dtic.mil/doctrine/new_pubs/jp1_0.pdf) and ASD(L&MR) 
Publication, ``Business Rules for the Synchronized Predeployment and 
Operational Tracker (SPOT),'' current edition. (See http://www.acq.osd.mil/log/PS/spot.html)
    (8) Mortuary Affairs.
    (i) CAAF who die while in support of U.S. forces shall be covered 
by the DoD mortuary affairs program as described in DoD Directive 
1300.22 (see http://www.dtic.mil/whs/directives/corres/pdf/130022p.pdf). Every effort shall be made to identify remains and 
account for un-recovered remains of contractors and their dependents 
who die in military operations, training accidents, and other multiple 
fatality incidents. The remains of CAAF who are fatalities resulting 
from an incident in support of military operations deserve and shall 
receive the same dignity and respect afforded military remains.
    (ii) The DoD may provide mortuary support for the disposition of 
remains and personal effects at the request of the Department of State. 
The USD(P&R) shall coordinate this support with the Department of State 
to include cost reimbursement, where appropriate. The disposition of 
non-CAAF contractors (LNs and TCNs) shall be given the same dignity and 
respect afforded U.S. personnel. The responsibility for coordinating 
the transfer of these remains to the HN or affected nation resides with 
the geographic CCDR in coordination and conjunction with the Department 
of State through the embassies or the International Red Cross, as 
appropriate, and in accordance with applicable contract provisions.
    (9) Medical Support and Evacuation. Theater-specific contract 
language to clarify available healthcare can be found on the CCDR Web 
sites. During applicable contingency operations in austere, uncertain, 
and/or hostile environments, CAAF may encounter situations in which 
they are unable to access medical support on the local economy. 
Generally, the DoD will only provide resuscitative care, stabilization, 
hospitalization at Level III medical treatment facilities (MTFs), and 
assistance with patient movement in emergencies where loss of life, 
limb, or eyesight could occur. 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 in 
accordance with DoD Instruction 6000.11 (see http://www.dtic.mil/whs/directives/corres/pdf/600011p.pdf). All costs associated with the 
treatment and transportation of CAAF to the selected civilian facility 
are reimbursable to the Government and shall be the responsibility of 
contractor personnel, their employers, or their health insurance 
providers. Nothing in this paragraph is intended to affect the 
allowability of costs incurred under a contingency contract. Medical 
support and evacuation procedures are:
    (i) Emergency Medical and Dental Care. All CAAF will normally be 
afforded emergency medical and dental care if injured while supporting 
contingency operations. Additionally, non-CAAF employees who are 
injured while in the vicinity of U.S. forces will also 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.
    (ii) Primary Care. Primary medical or dental care normally will not 
be authorized or be provided to CAAF by MTFs. When required and 
authorized by the CCDR or subordinate JFC, this support must be 
specifically authorized under the terms and conditions of the contract 
and detailed in the corresponding LOA. Primary care is not authorized 
for non-CAAF employees. Primary care includes routine inpatient and 
outpatient services, non-emergency evacuation, pharmaceutical support, 
dental services, and other medical support as determined by appropriate 
military authorities based on recommendations from the joint force 
command surgeon and on the existing capabilities of the forward-
deployed MTFs.
    (iii) Long-Term Care. The DoD shall not provide long-term care to 
contractor personnel.
    (iv) Quarantine or Restriction of Movement. The CCDR or subordinate 
commander has the authority to quarantine or restrict movement of 
contractor personnel according to DoD Instruction 6200.03 (see http://www.dtic.mil/whs/directives/corres/pdf/620003p.pdf).
    (v) Evacuation. Patient movement of CAAF shall be performed in 
accordance with DoD Instruction 6000.11 (see http://www.dtic.mil/whs/directives/corres/pdf/600011p.pdf). When CAAF are evacuated for medical 
reasons from the designated operational area to MTFs funded by the 
Defense Health Program, normal reimbursement policies will apply for 
services rendered by the facility. Should CAAF require medical 
evacuation outside the continental United States (OCONUS), the sending 
MTF shall assist CAAF in making arrangements for transfer to a civilian 
facility of their choice. When U.S. forces provide emergency medical 
care to non-CAAF, these patients will be evacuated or transported via 
national means (when possible) to their local medical systems.
    (10) Other Government-Furnished Support. In accordance with DoD 
Component policy and consistent with applicable laws and international 
agreements, Government-furnished support may be authorized or required 
when CAAF and selected non-CAAF are deployed with or otherwise provide 
support in the theater of operations to U.S. Military forces deployed 
OCONUS. Types of support are listed in 48 CFR PGI 225.74 and may 
include transportation to and within the operational area, mess 
operations, quarters, phone service, religious support, and laundry.
    (i) In operations where no reliable or local mail service is 
available, CAAF who are U.S. citizens will be authorized postal support 
in accordance with DoD 4525.6-M (see http://www.dtic.mil/whs/directives/corres/pdf/452506m.pdf). CAAF who are not U.S. citizens will 
be afforded occasional mail service necessary to mail their pay checks 
back to their homes of record.
    (ii) Morale, welfare, and recreation (MWR) and exchange services 
will be authorized for CAAF who are U.S. citizens in accordance with 10 
U.S.C. 133. CAAF who are not U.S. citizens and non-CAAF are not 
authorized MWR and exchange services.
    (e) Redeployment Procedures. The considerations in this section are 
applicable during the redeployment of CAAF.
    (1) Transportation Out of Theater. When the terms and conditions of 
the contract state that the Government shall provide transportation out 
of theater:
    (i) Upon completion of the deployment or other authorized release, 
the Government shall, in accordance with each individual's LOA, provide 
contractor employees transportation from the theater of operations to 
the location from which they deployed, unless otherwise directed.
    (ii) Prior to redeployment from the AOR, the contractor employee, 
through their defense contractor, shall coordinate contractor exit 
times and transportation with CONUS Replacement Center (CRC) or 
designated reception site. Additionally, intelligence out-briefs must 
be completed and customs and immigration briefings and inspections must 
be conducted. CAAF are subject to customs and immigration processing 
procedures at all designated

[[Page 81822]]

stops and their final destination during their redeployment. CAAF 
returning to the United States are subject to U.S. reentry customs 
requirements in effect at the time of reentry.
    (2) Post-Deployment Health Assessment. In accordance with DoD 
Instruction 6490.03, contracts shall require that CAAF complete a post-
deployment health assessment in the Defense Medical Surveillance System 
(DMSS) at the termination of the deployment (within 30 days of 
redeployment). These assessments will only be used by the DoD to 
accomplish population-wide assessments for epidemiological purposes, 
and to help identify trends related to health outcomes and possible 
exposures. They will not be used for individual purposes in diagnosing 
conditions or informing individuals they require a medical followup. 
Diagnosing conditions requiring medical referral is a function of the 
contractor.
    (3) Redeployment Center Procedures. In most instances, the 
deployment center/site that prepared the CAAF for deployment will serve 
as the return processing center. As part of CAAF redeployment 
processing, the deployment center/site personnel will screen contractor 
records, recover Government-issued identification cards and equipment, 
and conduct debriefings as appropriate. The amount of time spent at the 
return processing center will be the minimum required to complete the 
necessary administrative procedures.
    (i) A special effort will be made to collect all CACs from 
returning deployed contractors.
    (ii) Contractor employees are required to return any issued 
clothing and equipment. Lost, damaged, or destroyed clothing and 
equipment shall be reported in accordance with procedures of the 
issuing facility. Contractor employees shall also receive a post-
deployment medical briefing on signs and symptoms of diseases to watch 
for, such as tuberculosis. As some countries hosting an intermediate 
staging base may not permit certain items to enter their borders, some 
clothing and equipment, whether issued by the contractor, purchased by 
the employee, or provided by the Government, may not be permitted to 
exit the AOR. In this case, alternate methods of accounting for 
Government-issued equipment and clothing will be used according to CCDR 
or JFC guidance and contract language.
    (4) Update to SPOT. Contracting officers or their designated 
representative must verify that defense contractors have updated SPOT 
to reflect their employee's change in status within 3 days of his or 
her redeployment as well as close out the deployment and collect or 
revoke the LOA.
    (5) Transportation to Home Destination. Transportation of CAAF from 
the deployment center/site to the home destination is the employer's 
responsibility. Government reimbursement to the employer for travel 
will be determined by the terms and conditions of the contract.

Sec.  158.7  Guidance for contractor medical and dental fitness.

    (a) General.
    (1) DoD contracts requiring the deployment of CAAF shall include 
medical and dental fitness requirements as specified in this section. 
Under the terms and conditions of their contracts, defense contractors 
shall provide personnel who meet such medical and dental requirements 
as specified in their contracts.
    (2) The geographic CCDR will establish theater-specific medical 
qualifications. When exceptions to these standards are requested 
through the contracting officer, the geographic CCDR will establish a 
process for reviewing such exceptions and ensuring that a mechanism is 
in place to track and archive all approved and denied waivers, 
including the medical condition requiring the waiver.
    (3) The geographic CCDR shall also ensure that processes and 
procedures are in place to remove contractor personnel in theater who 
are not medically qualified, once so identified by a healthcare 
provider. The geographic CCDR shall ensure appropriate language 
regarding procedures and criteria for requiring removal of contractor 
personnel identified as no longer medically qualified is developed, is 
posted on the CCDR OCS Web site, and also ensure contracting officers 
incorporate the same into all contracts for performance in the AOR.
    (4) Unless otherwise stated in the contract, all pre-, during-, and 
post-deployment medical evaluations and treatment are the 
responsibility of the contractor.
    (b) Medical and Dental Evaluations.
    (1) All CAAF deploying in support of a contingency operation must 
be medically, dentally, and psychologically fit for deployment as 
stated in DoD Directive 6200.04 (see http://www.dtic.mil/whs/directives/corres/pdf/620004p.pdf). Fitness specifically includes the 
ability to accomplish the tasks and duties unique to a particular 
operation and the ability to tolerate the environmental and operational 
conditions of the deployed location. Under the terms and conditions of 
their contracts, defense contractors will provide medically, dentally, 
and psychologically fit contingency contractor personnel to perform 
contracted duties.
    (2) Just as military personnel must pass a complete health 
evaluation, CAAF shall have a similar evaluation based on the 
functional requirements of the job. All CAAF must undergo a medical and 
dental assessment within 12 months prior to arrival at the designated 
deployment center or Government-authorized contractor-performed 
deployment processing facility. This assessment should emphasize 
diagnosing cardiovascular, pulmonary, orthopedic, neurologic, 
endocrinologic, dermatologic, psychological, visual, auditory, dental, 
and other systemic disease conditions that may preclude performing the 
functional requirements of the contract, especially in the austere work 
environments encountered in some contingency operations.
    (3) In accordance with DoD Instruction 6490.03, contracts shall 
require that CAAF complete a pre-deployment health assessment in the 
DMSS at the designated deployment center or a Government-authorized 
contractor-performed deployment processing facility. These assessments 
will only be used by the DoD to accomplish population-wide assessments 
for epidemiological purposes, and to help identify trends related to 
health outcomes and possible exposures. They will not be used for 
individual purposes in diagnosing conditions or informing individuals 
they require a medical followup. Diagnosing conditions requiring 
medical referral is a function of the contractor.
    (4) In general, CAAF who have any of the medical conditions in 
paragraph (j) of this section, based on an individual assessment 
pursuant to DoD Instruction 6490.03, should not deploy.
    (5) Individuals who are deemed not medically qualified at the 
deployment center or at any period during the deployment process based 
upon an individual assessment, or who require extensive preventive 
dental care (see paragraph (j)(2)(xxv) of this section) will not be 
authorized to deploy.
    (6) Non-CAAF shall be medically screened when specified by the 
requiring activity, for the class of labor that is being considered 
(e.g., LNs working in a dining facility).
    (7) Contracts shall require contractors to replace individuals who 
develop, at any time during their deployment,

[[Page 81823]]

conditions that cause them to become medically unqualified.
    (8) In accordance with DoD Instruction 6490.03, contracts shall 
require that CAAF complete a post-deployment health assessment in DMSS 
at the termination of the deployment (within 30 days of redeployment).
    (c) Glasses and Contact Lenses. If vision correction is required, 
contractor personnel will be required to have two pair of glasses. A 
written prescription may also be provided to the supporting military 
medical component so that eyeglass inserts for use in a compatible 
chemical protective mask can be prepared. If the type of protective 
mask to be issued is known and time permits, the preparation of 
eyeglass inserts should be completed prior to deployment. Wearing 
contact lenses in a field environment is not recommended and is at the 
contingency contractor employee's own risk due to the potential for 
irreversible eye damage caused by debris, chemical or other hazards 
present, and the lack of ophthalmologic care in a field environment.
    (d) Medications. Other than force health protection prescription 
products (FHPPPs) to be provided to CAAF and selected non-CAAF, 
contracts shall require that contractor personnel deploy with a minimum 
90-day supply of any required medications obtained at their own 
expense. Contractor personnel must be aware that deployed medical units 
are equipped and staffed to provide emergency care to healthy adults. 
They will not be able to provide or replace many medications required 
for routine treatment of chronic medical conditions, such as high blood 
pressure, heart conditions, and arthritis. The contract shall require 
contractor personnel to review both the amount of the medication and 
its suitability in the foreign area with their personal physician and 
make any necessary adjustments before deploying. The contract shall 
require the contractor to be responsible for the re-supply of required 
medications.
    (e) Comfort Items. The contract shall require that CAAF take spare 
hearing-aid batteries, sunglasses, insect repellent, sunscreen, and any 
other supplies related to their individual physical requirements. These 
items will not be provided by DoD sources.
    (f) Immunizations. A list of immunizations, both those required for 
entry into the designated area of operations and those recommended by 
medical authorities, shall be produced for each deployment; posted to 
the geographic CCDR Web site or other venue, as appropriate; and 
incorporated in contracts for performance in the designated AOR.
    (1) The geographic CCDR, upon the recommendation of the appropriate 
medical authority (e.g., Combatant Command surgeon), shall provide 
guidance and a list of immunizations required to protect against 
communicable diseases judged to be a potential hazard to the health of 
those deploying to the applicable theater of operation. The Combatant 
Command surgeon of the deployed location shall prepare and maintain 
this list.
    (2) The contract shall require that CAAF be appropriately immunized 
before completing the pre-deployment process.
    (3) The Government shall provide military-specific vaccinations and 
immunizations (e.g., anthrax, smallpox) during pre-deployment 
processing. However, the contract shall stipulate that CAAF obtain all 
other immunizations (e.g., yellow fever, tetanus, typhoid, flu, 
hepatitis A and B, meningococcal, and tuberculin (TB) skin testing) 
prior to arrival at the deployment center.
    (4) Theater-specific medical supplies and FHPPPs, such as anti-
malarials and pyridostigmine bromide, will be provided to CAAF and 
selected non-CAAF on the same basis as they are to active duty military 
members. Additionally, CAAF will be issued deployment medication 
information sheets for all vaccines or deployment-related medications 
that are dispensed or administered.
    (5) A TB skin test is required within 3 months prior to deployment. 
Additionally, the contract shall stipulate that CAAF and selected non-
CAAF bring to the JOA a current copy of Public Health Service Form 791, 
``International Certificate of Vaccination,'' (also known as ``shot 
record,'' available for purchase at http://bookstore.gpo.gov/collections/vaccination.jsp).
    (g) Human Immunodeficiency Virus (HIV) Testing. HIV testing is not 
mandatory for contingency contractor personnel unless specified by an 
agreement or by local requirements. HIV testing, if required, shall 
occur within 1 year before deployment.
    (h) Armed Forces Repository of Specimen Samples for the 
Identification of Remains (AFRSSIR). For identification of remains 
purposes, all CAAF who are U.S. citizens shall obtain a dental 
panograph and provide a specimen sample suitable for DNA analysis prior 
to or during deployment processing. The DoD Components shall ensure 
that all contracts require CAAF who are U.S. citizens to provide 
specimens for AFRSSIR as a condition of employment according to DoD 
Instruction 5154.30 (see http://www.dtic.mil/whs/directives/corres/pdf/515430p.pdf). Specimens shall be collected and managed as provided in 
paragraphs (h)(1) through (h)(3) of this section.
    (1) All CAAF who are U.S. citizens processing through a deployment 
center will have a sample collected and forwarded to the AFRSSIR for 
storage. Contracts shall require contractors to verify in SPOT or its 
successor that AFRSSIR has received the sample or that the DNA 
reference specimen sample has been collected by the contractor.
    (2) If CAAF who are U.S. citizens do not process through a 
deployment center or the defense contractor is authorized to process 
its own personnel, the contract shall require that the contractor make 
its own arrangements for collection and storage of the DNA reference 
specimen through a private facility, or arrange for the storage of the 
specimen by contacting AFRSSIR. Regardless of what specimen collection 
and storage arrangements are made, all defense contractors deploying 
CAAF who are U.S. citizens must provide the CAAF name and Social 
Security number, location of the sample, facility contact information, 
and retrieval plan to AFRSSIR. If AFRSSIR is not used and a CAAF who is 
a U.S. citizen becomes a casualty, the defense contractor must be able 
to retrieve identification media for use by the Armed Forces Medical 
Examiner (AFME) or other competent authority to conduct a medical-legal 
investigation of the incident and identification of the victim(s). 
These records must be retrievable within 24 hours for forwarding to the 
AFME when there is a reported incident that would necessitate its use 
for human remains identification purposes. The defense contractor shall 
have access to:
    (i) Completed DD Form 93 or equivalent record.
    (ii) Location of employee medical and dental records, including 
panograph.
    (iii) Location of employee fingerprint record.
    (3) In accordance with DoD Instruction 5154.30 (see http://www.dtic.mil/whs/directives/corres/pdf/515430p.pdf), AFRSSIR is 
responsible for implementing special rules and procedures to ensure the 
protection of privacy interests in the specimen samples and any DNA 
analysis of those samples. Specimen samples shall only be used for the 
purposes outlined in DoD Instruction 5154.30. Other details, including 
retention and destruction

[[Page 81824]]

requirements of DNA samples, are addressed in DoD Instruction 5154.30.
    (i) Pre-Existing Medical Conditions. All evaluations of pre-
existing medical conditions should be accomplished prior to deployment. 
Personnel who have pre-existing medical conditions may deploy if all of 
these conditions are met:
    (1) The condition is not of such a nature that an unexpected 
worsening is likely to have a medically grave outcome or a negative 
impact on mission execution.
    (2) The condition is stable and reasonably anticipated by the pre-
deployment medical evaluator not to worsen during the deployment under 
contractor-provided medical care in-theater in light of the physical, 
physiological, psychological, environmental, and nutritional effects of 
the duties and location.
    (3) Any required ongoing health care or medications must be 
available or accessible to the contractor, independent of the military 
health system, and have no special handling, storage, or other 
requirements (e.g., refrigeration requirements and/or cold chain, 
electrical power requirements) that cannot be met in the specific 
theater of operations. Personnel must deploy with a minimum 90-day 
supply of prescription medications other than FHPPPs.
    (4) The condition does not and is not anticipated to require duty 
limitations that would preclude performance of duty or to impose 
accommodation. (The nature of the accommodation must be considered. The 
Combatant Command surgeon (or his delegated representative) is the 
appropriate authority to evaluate the suitability of the individual's 
limitations in-theater.)
    (5) There is no need for routine out-of-theater evacuation for 
continuing diagnostics or other evaluations.
    (j) Conditions Usually Precluding Medical Clearance.
    (1) This section is not intended to be comprehensive. A list of all 
possible diagnoses and their severity that should not be approved would 
be too expansive to list in this part. In general, individuals with the 
conditions in paragraphs (j)(2)(i) through (j)(2)(xxx) of this section, 
based on an individual assessment pursuant to DoD Instruction 6490.03, 
will not normally be approved for deployment. The medical evaluator 
must carefully consider whether climate; altitude; nature of available 
food and housing; availability of medical, behavioral health, and 
dental services; or other environmental and operational factors may be 
hazardous to the deploying person's health because of a known physical 
or mental condition.
    (2) Medical clearance for deployment of persons with any of the 
conditions in this section shall be granted only after consultation 
with the appropriate Combatant Command surgeon. The Combatant Command 
surgeon makes recommendations and serves as the geographic CCDR 
advisor; however, the geographic CCDR is the final approval or 
disapproval authority except as provided in paragraph (k)(3) of this 
section. The Combatant Command surgeon can determine if adequate 
treatment facilities and specialist support is available at the duty 
station for:
    (i) Physical or psychological conditions resulting in the inability 
to effectively wear IPE, including protective mask, ballistic helmet, 
body armor, and CBRN protective ensemble, regardless of the nature of 
the condition that causes the inability to wear the equipment if 
wearing such equipment may be reasonably anticipated or required in the 
deployed location.
    (ii) Conditions that prohibit immunizations or use of FHPPs 
required for the specific deployment. Depending on the applicable 
threat assessment, required FHPPs, vaccines, and countermeasures may 
include atropine, epinephrine and/or 2-pam chloride auto-injectors, 
certain antimicrobials, antimalarials, and pyridostigmine bromide.
    (iii) Any chronic medical condition that requires frequent clinical 
visits, that fails to respond to adequate conservative treatment, or 
that necessitates significant limitation of physical activity.
    (iv) Any medical condition that requires durable medical equipment 
or appliances or that requires periodic evaluation and/or treatment by 
medical specialists not readily available in theater (e.g., CPAC 
machine for sleep apnea).
    (v) Any unresolved acute or chronic illness or injury that would 
impair duty performance in a deployed environment during the duration 
of the deployment.
    (vi) Active tuberculosis or known blood-borne diseases that may be 
transmitted to others in a deployed environment. (For HIV infections, 
see paragraph (j)(2)(xvii) of this section.)
    (vii) An acute exacerbation of a physical or mental health 
condition that could affect duty performance.
    (viii) Recurrent loss of consciousness for any reason.
    (ix) Any medical condition that could result in sudden 
incapacitation including a history of stroke within the last 24 months, 
seizure disorders, and diabetes mellitus type I or II, treated with 
insulin or oral hypoglycemic agents.
    (x) Hypertension not controlled with medication or that requires 
frequent monitoring to achieve control.
    (xi) Pregnancy.
    (xii) Cancer for which the individual is receiving continuing 
treatment or that requires periodic specialty medical evaluations 
during the anticipated duration of the deployment.
    (xiii) Precancerous lesions that have not been treated and/or 
evaluated and that require treatment and/or evaluation during the 
anticipated duration of the deployment.
    (xiiii) Any medical condition that requires surgery or for which 
surgery has been performed that requires rehabilitation or additional 
surgery to remove devices.
    (xv) Asthma that has a Forced Expiratory Volume-1 (FEV-1) of less 
than or equal to 50 percent of predicted FEV-1 despite appropriate 
therapy, that has required hospitalization at least 2 times in the last 
12 months, or that requires daily systemic oral or injectable steroids.
    (xvi) Any musculoskeletal condition that significantly impairs 
performance of duties in a deployed environment.
    (xvii) HIV antibody positive with the presence of progressive 
clinical illness or immunological deficiency. The Combatant Command 
surgeon should be consulted in all instances of HIV seropositivity 
before medical clearance for deployment.
    (xviii) Hearing loss. The requirement for use of a hearing aid does 
not necessarily preclude deployment. However, the individual must have 
sufficient unaided hearing to perform duties safely.
    (xviiii) Loss of vision. Best corrected visual acuity must meet job 
requirements to safely perform duties.
    (xx) Symptomatic coronary artery disease.
    (xxi) History of myocardial infarction within 1 year of deployment.
    (xxii) History of coronary artery bypass graft, coronary artery 
angioplasty, carotid endarterectomy, other arterial stenting, or 
aneurysm repair within 1 year of deployment.
    (xxiii) Cardiac dysrhythmias or arrhythmias, either symptomatic or 
requiring medical or electrophysiologic control (presence of an 
implanted defibrillator and/or pacemaker).
    (xxiv) Heart failure.
    (xxv) Individuals without a dental exam within the last 12 months 
or who are likely to require dental treatment or reevaluation for oral 
conditions that are likely to result in dental emergencies within 12 
months.

[[Page 81825]]

    (xxvi) Psychotic and/or bipolar disorders. For detailed guidance on 
deployment-limiting psychiatric conditions or psychotropic medications, 
see ASD(HA) Memorandum ``Policy Guidance for Deployment-Limiting 
Psychiatric Conditions and Medications'' November 7, 2006 (see http://www.ha.osd.mil/policies/2006/061107_deployment-limiting_psych_conditions_meds.pdf).
    (xxvii) Psychiatric disorders under treatment with fewer than 3 
months of demonstrated stability.
    (xxviii) Clinical psychiatric disorders with residual symptoms that 
impair duty performance.
    (xxviiii) Mental health conditions that pose a substantial risk for 
deterioration and/or recurrence of impairing symptoms in the deployed 
environment.
    (xxx) Chronic medical conditions that require ongoing treatment 
with antipsychotics, lithium, or anticonvulsants.
    (k) Exceptions to Medical Standards (Waivers). If a contractor 
believes an individual CAAF employee with one of the conditions listed 
in paragraphs (j)(2)(i) through (j)(2)(xxx) of this section can 
accomplish his or her tasks and duties and tolerate the environmental 
and operational conditions of the deployed location, the contractor may 
request a waiver for that individual through the contracting officer or 
designee.
    (1) Waivers are unlikely for contractor personnel and an 
explanation should be given as to why other persons who meet the 
medical standards could not be identified to fulfill the deployed 
duties. Waivers and requests for waivers will include a summary of a 
detailed medical evaluation or consultation concerning the medical 
condition(s). Maximization of mission accomplishment and the protection 
of the health of personnel are the ultimate goals. Justification will 
include statements indicating the CAAF member's experience, position to 
be placed in, any known specific hazards of the position, anticipated 
availability and need for care while deployed, and the benefit expected 
to accrue from the waiver.
    (2) Medical clearance to deploy or continue serving in a deployed 
environment for persons with any of the conditions in paragraphs 
(j)(2)(i) through (j)(2)(xxx) of this section must have the concurrence 
by the Combatant Command surgeon, or his designee, who will recommend 
approval or disapproval to the geographic CCDR. The geographic CCDR, or 
his designee, is the final decision authority for approvals and 
disapprovals.
    (3) For CAAF employees working with Special Operations Forces 
personnel who have conditions in paragraphs (j)(2)(i) through 
(j)(2)(xxx) of this section, medical clearance may be granted after 
consultation with the appropriate Theater Special Operations Command 
(TSOC) surgeon. The TSOC surgeon, in coordination with the Combatant 
Command surgeon and senior in-theater medical authority, will ascertain 
the capability and availability of treatment facilities and specialist 
support in the general duty area versus the operational criticality of 
the particular SOF member. The TSOC surgeon will recommend approval or 
disapproval to the TSOC Commander. The TSOC Commander is the final 
approval or disapproval authority.

    Dated: December 21, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-33107 Filed 12-28-11; 8:45 am]
BILLING CODE 5001-06-P
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