Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Proposed Rules 1063 

Indian Tribe in which that biological 

parent was enrolled. 

(e) If trust personalty does not 

descend under paragraph (d) of this 

section, then: 

(1) To the Indian Tribe in which the 

decedent’s biological grandparents were 

enrolled; if all enrolled biological 

grandparents were enrolled in the same 

Tribe; 

(2) To the Indian Tribes in which the 

decedent’s biological grandparents were 

enrolled, in equal shares, if two or more 

of the decedent’s biological 

grandparents were enrolled in different 

Tribes; or 

(3) If only one biological grandparent 

was enrolled in an Indian Tribe, to the 

Indian Tribe in which that biological 

grandparent was enrolled. 

(f) If trust personalty does not descend 

under paragraph (e) of this section, then 

to an Indian Tribe selected by the judge, 

in consideration of the following factors: 

(1) The origin of the funds in the 

decedent’s IIM account; 

(2) The Tribal designator contained in 

the owner identification number or IIM 

account number assigned to the 

decedent by BIA; and 

(3) The geographic origin of the 

decedent’s Indian ancestors. 

Tara Sweeney, 

Assistant Secretary—Indian Affairs. 

Scott Cameron, 

Principal Deputy Assistant Secretary for 

Policy, Management and Budget. 

[FR Doc. 2020–28306 Filed 1–6–21; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 158 

[Docket ID: DOD–2020–OS–0015] 

RIN 0790–AK81 

Operational Contract Support (OCS) 

Outside the United States 

AGENCY: Office of the Under Secretary of 

Defense for Acquisition and 

Sustainment, Department of Defense 

(DoD). 

ACTION: Proposed rule. 

SUMMARY: The DoD is issuing this rule 

to update the policies and procedures 

for operational contract support (OCS) 

outside the United States. These 

changes include broadening the range of 

applicable operational scenarios, 

eliminating content internal to the 

Department, and making updates to 

comply with law and policy. Changes 

include designating contractor 

personnel as part of the DoD total force, 

incorporating requirements for 

accountability and reporting, and 

clarifying responsibilities. Through 

these updates, the Department will also 

address open recommendations from 

the Government Accountability Office 

(GAO). OCS is a segment of the GAO 

High Risk Area of DoD Contract 

Management and while the latest update 

in March 2019 acknowledged progress, 

GAO cited the need to revise and 

reissue guidance to address several open 

recommendations. 

DATES: Comments must be received by 

March 8, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: DoD cannot receive written 

comments at this time due to the 

COVID–19 pandemic. Comments should 

be sent electronically to the docket 

listed above. 

Instructions: All submissions received 

must include the agency name and 

docket number or 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: Ms. 

Donna M. Livingston, 703–692–3032, 

donna.m.livingston.civ@mail.mil. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Purpose of the Rule 

The Joint Force relies on contracted 

support in nearly every mission and 

operational setting. Operational 

Contract Support (OCS) is how the 

Department plans for and integrates 

contracted capabilities and associated 

contractor personnel providing support 

to operations within a designated 

geographic area. Since 2007, the 

Department has been heavily focused on 

better oversight, management, and 

accounting of contractors supporting 

U.S. military operations. Concurrently, 

there has been increasing demand from 

commanders for more visibility of 

contractor personnel. Successfully 

planning for, procuring, and integrating 

contracted support requires that 

commanders have a full understanding 

of what contracted support is needed 

and when; how requirements can be 

optimized and executed; and how the 

Department includes contracted support 

as part of the total force. The existing 

part describes, in detail, the specific 

DoD policy, responsibilities, and 

procedures that enable and substantiate 

OCS and enable both the DoD and its 

commercial partners to plan for 

contractor support when operating with 

U.S. Armed Forces in applicable 

operations. Contractors are currently 

required to load their employees’ 

information in the Synchronized Predeployment Operational Tracker— 

Enterprise System (SPOT–ES) when an 

employee deploys under a contract to 

support U.S. military operations 

overseas, and this revision neither 

increases nor decreases the burden of 

this requirement. The changes resulting 

from the revised rule increase 

transparency of new policies and better 

inform the DoD’s commercial partners. 

B. Background 

Operational contract support was 

born in the aftermath of significant 

reporting on DoD acquisition and 

contracting operations in Iraq and 

Afghanistan, including the 2008 

‘‘Commission on Army Acquisition and 

Program Management in Expeditionary 

Operations’’ and the 2011 ‘‘Commission 

on Wartime Contracting in Iraq and 

Afghanistan.’’ The Commission on 

Wartime Contracting in Iraq and 

Afghanistan published findings that 

identified deficiencies related to 

contract management and oversight that 

required DoD’s attention. As a result, 

the DoD has invested heavily in efforts 

to address these findings and enhance 

oversight, better define contract 

requirements, and improve the visibility 

and accounting of contractors 

supporting U.S. operations overseas. 

There has been persistent scrutiny of the 

DoD’s progress to close these 

deficiencies, namely by the GAO. The 

GAO has reviewed the Departments’ 

progress on OCS on multiple occasions, 

and classified OCS as a segment within 

the DoD Contract Management High 

Risk Area. In the last report (GAO–19– 

157SP) published in March 2019 

(available at https://www.gao.gov/ 

products/GAO-19-157SP), GAO 

recognized the progress made on OCS 

and affirmed that it could remove its 

high-risk status. Removal could come 

quickly once the DoD successfully 

completes the few remaining GAO 

recommendations. By implementing the 

GAO recommendations, updating 

internal policies especially DoD 

Instruction 3020.41 ‘‘Operational 


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Contract Support’’ (available at https:// 

www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodi/ 

302041p.pdf), and revising this CFR 

part, the DoD will address the vital need 

for greater efficiency and accountability. 

Improved policy and guidance will 

foster an environment focused on 

operational planning of contracted 

support to operations and improved 

readiness, and will result in cost savings 

by reducing the potential for waste, 

fraud, and abuse. 

C. Summary of Major Provisions 

This proposed rule: (1) Broadens the 

types of operations when contracted 

support may be employed, beyond 

contingency operations; (2) describes 

and clarifies contractors’ responsibilities 

related to theater admission 

requirements for their personnel 

deploying in support of operations 

outside the United States; (3) clarifies 

contractors’ responsibilities to provide 

personnel who meet specific medical 

and dental fitness standards; (4) details 

the services the U.S. Government is 

authorized to provide to contractors; 

and (5) removes all internally facing 

information to promote efficiency and 

streamline communication with the 

public. 

To address GAO recommendations to 

improve the ability to track contracts 

and contractor personnel in contingency 

and other operations and to help ensure 

that DoD possesses the capability to 

collect and report statutorily required 

information and to clarify 

responsibilities and procedures, 

§ 158.5(g) was updated to address SPOT 

minimum reporting requirements, 

system requirements, and references to 

the SPOT business rules were included 

which include area specific 

requirements. 

D. Legal Authority 

The legal authority for this rule is 

found in Section 861, Memorandum of 

Understanding on Matters Relating to 

Contracting, of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181), and Section 854, 

Additional Contractor Requirements 

and Responsibilities Relating to Alleged 

Crimes By or Against Contractor 

Personnel in Iraq and Afghanistan, of 

the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 

(Pub. L. 110–417). 

II. Regulatory History 

An interim final rule for this part was 

published on December 29, 2011 (76 FR 

81807). The DoD adopted the interim 

final rule as a final rule without change 

on December 3, 2013 (78 FR 72573). The 

2011 rule action procedurally closed 

gaps that existed in planning, oversight, 

and management of DoD contractors 

supporting contingency operations. The 

rule was necessary to address legislative 

mandates, remove confusion with other 

policies, and better reflect the practices 

and procedures in place at that time. 

The rule was crucial at the time due to 

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 counter-insurgency 

operations in Afghanistan; and the 

requirement to manage contractors 

effectively during the withdrawal of 

U.S. forces from Iraq in 2011. 

III. Regulatory Analysis 

A. Regulatory Planning and Review 

a. Executive Orders 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated a ‘‘not significant regulatory 

action’’ and has been determined not to 

be economically significant under 

section 3(f) of Executive Order 12866. 

Executive Order 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ 

This rule is not significant under 

Executive Order 12866; therefore, it is 

not subject to the requirements of 

Executive Order 13771. 

b. Summary 

This rule broadens the range of 

operations in which contracted support 

may be employed; updates requirements 

for the development of contractor 

oversight plans; increases visibility and 

accountability; reinforces requirements 

for adequate military personnel 

necessary to execute contract oversight; 

and describes U.S. Government 

standards for medical care available to 

deployed contractor personnel, when 

authorized. It also updates policy 

resulting from changes in law and 

policy. Lastly, the rule has been 

streamlined to show only information 

relevant to the public and removes 

internally facing responsibilities and 

procedures. 

c. Affected Population 

The existing rule provides 

information relevant to contractors and 

their personnel that may provide 

contracted support to the DoD during 

applicable operations outside the 

United States. The following 

populations are expected to continue to 

be stakeholders in the content of the 

revised rule: 

D Contractor personnel—Provides 

information and describes the 

requirements the DoD imposes on 

employees of commercial industry 

partners who may be employed in 

support of DoD operations conducted 

outside the United States. 

D CCompanies or organizations— 

Provides information for commercial 

industry partners to understand how 

contractor personnel are managed and 

accounted for and includes deployment 

requirements necessary to provide 

support to DoD in applicable operations. 

d. Costs 

A negligible burden reduction to the 

public may be achieved by the 

clarifications and increased 

transparency provided by this revision. 

Contractors may save time by having 

increased access to DoD policy 

requirements and in avoiding 

unnecessary duplication or providing 

personnel not suitable or prepared to 

support applicable operations outside 

the United States. The changes 

implemented by this rule are not 

expected to alter significantly the 

baseline burden that was calculated as 

part of the most recent SPOT–ES system 

collection, Control Number 0704–0460, 

approved by the OMB in 2019 in 

accordance with the Public Law 96–511, 

‘‘Paperwork Reduction Act.’’ 


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Collection instrument 

(SPOT database) 

2016 approved 

estimates 

2019 approved 

estimates 

Estimation of Respondent Burden Hours 

Number of Respondents ............................................................................................................... 1670 964. 

Number of Responses per Respondent ....................................................................................... 56 77.

Number of Total Annual Responses ............................................................................................. 93,520 74,561. 

Response Time (Amount of time needed to complete the collection instrument) ....................... .5 .5. 

Respondent Burden Hours (Total Annual Responses multiplied by Response Time) Please 

compute these into hours).

46,760 37,291. 

Labor Cost of Respondent Burden 

Number of Responses .................................................................................................................. 93,520 74,561 

(decrease of 18,959). 

Response Time per Response ..................................................................................................... .5 .5. 

Respondent Hourly Wage ............................................................................................................. $36.00 $32.11. 

Labor Burden per Response (Response Time multiplied by Respondent Hourly Wage) ............ $18.00 $16.06. 

Total Labor Burden (Number of Respondents multiplied by Response Time multiplied by Respondent Hourly Wage).$1,683,360 $1,197,077 

(decrease of $486,283). 

The burden and cost decreased due to 

contractor deployments to ongoing 

contingencies having been reduced 

since 2016. Thus, the number of 

responses required was reduced from 

93,520 to 74,561. This drove the 

associated calculations down and 

resulted in a decrease in cost of 

$486,283. In addition, the difference in 

the respondent hourly range is 

attributed to the respondent labor 

category from a management labor 

category in 2016 to human resources 

specialist in 2019. Wage information is 

based on data from the Department of 

Labor Statistics (https://www.bls.gov/ 

oes/current/oes_nat.htm). 

Based on data from the Federal 

Procurement Data System—Next 

Generation for contract actions for fiscal 

year 2019 with a place of performance 

outside the United States, 

approximately 15,742 of 2.4 million (or 

1 percent), are to small businesses. This 

amounts to $2,438,406,319 of 

$36,747,264,771 (or less than 8 percent) 

of contracts obligated to small 

businesses worldwide. 

e. Benefits 

OCS is a force multiplier, giving 

commanders more options, and 

supports force optimization. When 

properly planned for and integrated into 

operations, OCS can be leveraged to 

support the Secretary of Defense’s 

objective of restoring military readiness 

and to close any gaps in fulfilling 

requirements associated with 

maintenance, material, intelligence 

information, or translation services, 

which can be filled by either short- or 

long-term commercial capabilities. This 

rule most significantly improves and 

refines DoD policy for planning and 

integrating contracted support in 

applicable operations. The Department 

has been working for more than a 

decade to establish OCS as a core 

defense capability; one that minimizes 

risk, increases readiness and flexibility, 

and improves effectiveness. This rule 

codifies policy that implements a 

programmatic approach and improves 

oversight of contracted support, 

reducing the likelihood that historical 

instances of waste, fraud, and abuse will 

be repeated. This rule furthermore 

ensures contractors supporting 

applicable operations are fully prepared 

to meet the requirements necessary to 

support operations outside the United 

States. 

f. Alternatives 

The DoD has considered the following 

alternatives: 

D No action—maintain the status quo. 

If no action is taken, the significant 

improvements made to accounting and 

managing, planning for, and overseeing 

contracted support will not be codified, 

raising the risk that past 

mismanagement will persist, resulting 

in significant waste, fraud, and abuse. In 

addition, the rule must be updated and 

published before an update to the 

associated DoD issuance, DoD 

Instruction 3020.41, ‘‘Operational 

Contract Support (OCS),’’ may be 

issued. Publishing the updated policy is 

required to remove the OCS element of 

DoD Contract Management as a GAO 

High-Risk Area. 

D Publish proposed rule. Codify 

changes in policy and statute that result 

in improved management of contract 

requirements, contractor management 

and visibility and accountability of 

contractors. These improvements will 

support removing OCS as a sub-area 

under the GAO High Risk Area of DoD 

Contract Management. 

In summary, if the status quo is 

maintained, resolution of the GAO 

recommendations cannot be 

implemented. 

B. Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

The DoD certifies that this rule, if 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities. Based on data 

from the Federal Procurement Data 

System—Next Generation for contract 

actions for fiscal year 2019 with a place 

of performance outside the United 

States, approximately 15,742 of 2.4 

million (or 1 percent), are to small 

businesses. This amounts to 

$2,438,406,319 of $36,747,264,771 (or 

less than 8 percent) of contracts 

obligated to small businesses 

worldwide. Therefore, the requirements 

of the Regulatory Flexibility Act do not 

apply. 

C. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq. generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The DoD will 

submit a report containing the final rule 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States. A major 

rule cannot take effect until 60 days 

after it is published in the Federal 

Register. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

D. Sec. 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 


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(2 U.S.C. 1532) requires agencies to 

assess anticipated costs and benefits 

before issuing any rule whose mandates 

require spending in any one year of 

$100 million in 1995 dollars, updated 

annually for inflation. This rule will not 

mandate any requirements for State, 

local, or tribal governments. 

E. Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that 32 CFR 

part 158 does impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. This 

SPOT–ES system collection has been 

reviewed and approved by the OMB and 

assigned OMB Control Number 0704– 

0460 (cleared through September 30, 

2022). The SPOT–ES collection package 

encapsulated the requirement for all 

DoD, Department of State (DOS), and 

United States Agency for International 

Development (USAID) contractor 

personnel to register in the SPOT–ES 

database. Within the current collection, 

87 percent of contractor personnel 

records were related to DoD contracts 

and less than 13 percent were from 

other government agencies. This 

collection of information does not 

require collection to be conducted in a 

manner inconsistent with the guidelines 

delineated in 5 CFR 1320.5(d)(2). 

System of Records Notices (SORNs) 

and Privacy Impact Assessments (PIAs) 

(https://www.dmdc.osd.mil/appj/dwp/ 

documents.jsp) have been accomplished 

under SORN Identifier DMDC 18 DoD 

(https://dpcld.defense.gov/Privacy/ 

SORNsIndex/DOD-wide-SORN-ArticleView/Article/570569/dmdc-18-dod/), 

‘‘Synchronized Predeployment 

Operational Tracker Enterprise Suite.’’ 

F. Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has federalism implications. 

The changes in this rule will not have 

a substantial effect on State and local 

governments and do not implicate 

federalism. 

List of Subjects in 32 CFR Part 158 

Accountability/visibility, Accounting, 

Armed forces, Combating trafficking in 

persons, Deployment and redeployment, 

Government contracts, Medical 

clearances, Passports and visas, 

Planning, Security measures, Support to 

contractors, Transportation. 

■ Accordingly, 32 CFR part 158 is 

proposed to be revised to read as 

follows: 

PART 158—OPERATIONAL 

CONTRACT SUPPORT (OCS) OUTSIDE 

THE UNITED STATES 

Sec. 

158.1 Purpose. 

158.2 Applicability. 

158.3 Definitions. 

158.4 Policy. 

158.5 Procedures. 

158.6 Guidance for contractor medical and 

dental fitness. 

Authority: Public Law 110–181; Public 

Law 110–417. 

§ 158.1 Purpose. 

This part establishes policy, assigns 

responsibilities, and provides 

procedures for operational contract 

support (OCS), including contract 

support integration, contracting support, 

management, and deployment of 

defense contractor personnel in 

applicable operations outside the 

United States. 

§ 158.2 Applicability. 

This part applies to contracts and 

contractor personnel supporting DoD 

Components operating outside the 

United States in contingency operations, 

humanitarian assistance, or peace 

operations and other activities, 

including operations and exercises as 

determined by a Combatant Commander 

or as directed by the Secretary of 

Defense. 

§ 158.3 Definitions. 

Unless otherwise noted, the following 

terms and their definitions are for the 

purposes of this part. 

Acquisition. The acquiring by contract 

with appropriated funds of supplies or 

services (including construction) by and 

for the use of the Federal Government 

through purchase or lease, whether the 

supplies or services are already in 

existence or must be created, developed, 

demonstrated, and evaluated. 

Acquisition begins at the point when 

agency needs are established and 

includes the description of requirements 

to satisfy agency needs, solicitation and 

selection of sources, award of contracts, 

contract financing, contract 

performance, contract administration, 

and those technical and management 

functions directly related to the process 

of fulfilling agency needs by contract. 

Applicable operations. Contingency 

operations, humanitarian assistance, or 

peace operations conducted outside the 

United States and other activities, 

including operations and exercises 

outside the United States as determined 

by a combatant commander (CCDR) or 

as directed by the Secretary of Defense. 

Austere environment. Areas where 

applicable operations may be conducted 

that are in remote, isolated locations, 

where access to modern comforts and 

resources may be limited or nonexistent. 

Civil augmentation program. External 

support contracts designed to augment 

Military Department logistics 

capabilities with contracted support in 

both preplanned and short-notice 

operations. 

Contingency contract. A legally 

binding agreement for supplies, 

services, and/or construction let by a 

U.S. Government contracting officer in 

the operational area, or that has a 

prescribed area of performance within 

an operational area. 

Contingency operation. A military 

operation that is either designated by 

the Secretary of Defense as a 

contingency operation or becomes a 

contingency operation as a matter of law 

as defined in 10 U.S.C. 101(a)(13). 

Contract administration. The 

processes and procedures of contracting, 

from contract award through closeout, 

that includes oversight efforts by 

contracting professionals and 

designated non-contracting personnel to 

ensure that supplies, services, and/or 

construction are delivered and/or 

performed in accordance with the terms 

and conditions of the contract. 

Contract support integration. The 

coordination and synchronization of 

contracted support executed in a 

designated operational area in support 

of military operations. 

Contracting. Purchasing, renting, 

leasing, or otherwise obtaining supplies 

or services from nonfederal sources. 

Contracting includes description (but 

not determination) of supplies and 

services required, selection and 

solicitation of sources, preparation and 

award of contracts, and all phases of 

contract administration. It does not 

include making grants or cooperative 

agreements. 

Contracting officer. A person with the 

authority to enter into, administer, and/ 

or terminate contracts and make related 

determinations and findings. The term 

includes certain authorized 

representatives of the contracting officer 

acting within the limits of their 

authority as delegated by the contracting 

officer. ‘‘Administrative contracting 

officer (ACO)’’ refers to a contracting 

officer who is administering contracts. 

‘‘Termination contracting officer (TCO)’’ 

refers to a contracting officer who is 

settling terminated contracts. A single 

contracting officer may be responsible 

for duties in any or all of these areas. 


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Contracting Officer’s Representative 

(COR). An individual, including a 

contracting officer’s technical 

representative (COTR), designated and 

authorized in writing by the contracting 

officer to perform specific technical or 

administrative functions. 

Contracting support. The 

coordination of contracts and execution 

of contracting authority by a warranted 

contracting officer that legally binds 

commercial entities to perform 

contractual requirements in support of 

DoD operational requirements. 

Contractor management. The 

oversight and integration of contractor 

personnel and associated equipment 

providing support to military 

operations. 

Contractor personnel. Any individual, 

employed by a firm, corporation, 

partnership, or association, employed 

under contract with the DoD to furnish 

services, supplies, or construction. 

Contractor personnel may include U.S. 

citizens and host nation and third 

country national (TCN) individuals. 

Contractor personnel accountability. 

The process of identifying, capturing, 

and recording the personally 

identifiable information and assigned 

permanent duty location of an 

individual contractor employee through 

the use of a designated database. 

Contractor personnel visibility. 

Information on the daily location, 

movement, status, and identity of 

contractor personnel. 

Contractors Authorized to 

Accompany the Force (CAAF). 

Contractor personnel and all tiers of 

subcontractor personnel authorized to 

accompany U.S. Armed Forces in 

applicable operations outside of the 

United States who have been afforded 

this status through the issuance of a 

Letter of Authorization (LOA). CAAF 

generally include all U.S. citizen and 

TCN employees not normally residing 

within the operational area whose area 

of performance is in the direct vicinity 

of the U.S. Armed Forces and who are 

routinely co-located with the U.S. 

Armed Forces. In some cases, CCDR 

subordinate commanders may designate 

mission-essential host nation (HN) or 

local national (LN) contractor personnel 

(e.g., interpreters) as CAAF. CAAF 

includes contractor personnel 

previously identified as contractors 

deploying with the force. CAAF status 

does not apply to contractor personnel 

within U.S. territory working in support 

of contingency operations outside the 

United States. 

Defense contractor. Any individual, 

firm, corporation, partnership, 

association, or other legal non-Federal 

entity that enters into a contract directly 

with the DoD to furnish services, 

supplies, or construction. 

DoD Components. Includes the Office 

of the Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff (CJCS) and 

the Joint Staff, the Combatant 

Commands (CCMDs), the Office of the 

Inspector General of the Department of 

Defense, the Defense Agencies, and the 

DoD Field Activities. 

Essential contractor service. A service 

provided by a firm or an individual 

under contract to the DoD to support 

mission-essential functions, such as 

support of vital systems, including ships 

owned, leased, or operated in support of 

military missions or roles at sea; 

associated support activities, including 

installation, garrison, and base support 

services; and similar services provided 

to foreign military sales customers 

under the Security Assistance Program. 

Services are essential if the effectiveness 

of defense systems or operations has the 

potential to be seriously impaired by the 

interruption of these services, as 

determined by the appropriate 

functional commander or civilian 

equivalent. 

Expeditionary Contract 

Administration (ECA). Contract 

administration conducted during joint 

or other expeditionary operations. 

Formerly known as the Contingency 

Contract Administrative Services or 

CCAS. 

Expeditionary operations. Activities 

organized to achieve a specific objective 

in a foreign country. 

External support contracts. Contracts 

awarded by contracting organizations 

whose contracting authority does not 

derive directly from the theater support 

contracting head(s) of contracting 

activity or from systems support 

contracting authorities. 

Host nation (HN). A nation that 

permits, either in writing or other 

official invitation, government 

representatives or agencies and/or 

agencies of another nation to operate, 

under specified conditions, within its 

borders. 

Hostile environment. Operational 

environment in which local government 

forces, whether opposed to or receptive 

to operations that a unit intends to 

conduct, do not have control of the 

territory and population in the intended 

operational area. 

Isolated personnel. U.S. military, DoD 

civilians, and contractor personnel (and 

others designated by the President or 

Secretary of Defense) who are 

unaccounted for as an individual or a 

group while supporting an applicable 

operation and are, or may be, in a 

situation where they must survive, 

evade, resist, or escape. 

Law of war. The treaties and 

customary international law binding on 

the United States that regulate: The 

resort to armed force; the conduct of 

hostilities and the protection of war 

victims in international and noninternational armed conflict; belligerent 

occupation; and the relationships 

between belligerent, neutral, and nonbelligerent States. Sometimes also called 

the ‘‘law of armed conflict’’ or 

‘‘international humanitarian law,’’ the 

law of war is specifically intended to 

address the circumstances of armed 

conflict. 

Letter of authorization (LOA). A 

document issued by a contracting officer 

or his or her designee that authorizes 

contractor personnel to accompany the 

force to travel to, from, and within an 

operational area, and outlines U.S. 

Government authorized support 

authorizations within the operational 

area, as agreed to under the terms and 

conditions of the contract. For more 

information, see 48 CFR subpart 225.3. 

Local national (LN). An individual 

who is a permanent resident of the 

nation in which the United States is 

conducting 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. 

Mission-essential functions. Those 

organizational activities that must be 

performed under all circumstances to 

achieve DoD component missions or 

responsibilities, as determined by the 

appropriate functional commander or 

civilian equivalent. Failure to perform 

or sustain these functions would 

significantly affect the DoD’s ability to 

provide vital services or exercise 

authority, direction, and control. 

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 the U.S. Armed 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, the U.S. Armed 

Forces. U.S. 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 the U.S. Armed Forces. 


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Operational area. An overarching 

term encompassing more descriptive 

terms (such as area of responsibility and 

joint operations area) for geographic 

areas where military operations are 

conducted. 

Operational contract support (OCS). 

The ability to orchestrate and 

synchronize the provision of integrated 

contract support and management of 

contractor personnel providing support 

to command-directed operations within 

a designated operational area. 

Operationally critical support. A 

critical source of supply for airlift, 

sealift, intermodal transportation 

services, or logistical support that is 

essential to the mobilization, 

deployment, or sustainment of the U.S. 

Armed Forces in applicable operations. 

Prime contractor. Any supplier, 

distributor, vendor, or firm that has 

entered into a contract with the United 

States government. 

Replacement centers. Centers at 

selected installations that ensure 

necessary accountability, training, and 

processing actions are taken to prepare 

personnel for onward movement and 

deployment to a designated operational 

area. 

Requiring activity. A military or other 

designated supported organization that 

identifies the need for and receives 

contracted support to meet mission 

requirements during military 

operations. 

Subcontractor. Any supplier, 

distributor, vendor, or firm that 

furnishes supplies or services to or for 

a prime contractor or another 

subcontractor. 

Synchronized Pre-deployment 

Operational Tracker-Enterprise System 

(SPOT–ES). A common joint database 

used to maintain contractor personnel 

visibility and accountability in 

applicable operations. References to 

SPOT–ES in this part will refer to that 

system or any database system that 

supersedes it for use in OCS. 

Systems support contract. Contracts 

awarded by Military 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. 

Theater business clearance. A CCDR 

policy or process to ensure visibility of 

and control over systems support and 

external support contracts executing or 

delivering support in designated areas 

of operations. 

Theater support contract. A type of 

contract awarded by contracting officers 

deployed to an operational area serving 

under the direct contracting authority of 

the Military Service component, special 

operations force command, or 

designated joint contracting authority 

for the designated operation. 

Total force. The organizations, units, 

and individuals that comprise the DoD 

resources for implementing the National 

Security Strategy. It includes DoD 

Active and Reserve Component military 

personnel, military retired members, 

DoD civilian personnel (including 

foreign national direct- and indirecthires, as well as nonappropriated fund 

employees), contractors, and host-nation 

support personnel. (For source 

information, see paragraph (a) of 

appendix A to this part.) 

Uncertain environment. Operational 

environment in which host government 

forces, whether opposed to or receptive 

to operations that a unit intends to 

conduct, do not have totally effective 

control of the territory and population 

in the intended operational area. 

§ 158.4 Policy. 

It is DoD policy that: 

(a) Defense contractor personnel are 

part of the total force. (See paragraph (a) 

of appendix A of this part). 

(b) DoD Components implement OCS 

functions, including contract support 

integration, contracting support, and 

contractor management, during 

applicable operations. 

(c) DoD Components will use 

contracted support only in appropriate 

situations, consistent with 48 CFR 

subpart 7.5, 48 CFR subpart 207.5, and 

Office of Federal Procurement Policy 

(OFPP) Policy Letter 11–01 (available at 

https://www.federalregister.gov/ 

documents/2011/09/12/2011-23165/ 

publication-of-the-office-of-federalprocurement-policy-ofpp-policy-letter11-01-performance-of), and paragraph 

(b) of appendix A to this part. 

(d) Generally, contractors are 

responsible for providing their 

employees with all life, mission, 

medical, logistics, and administrative 

support necessary to perform the 

contract. However, in many operations, 

especially in those in which conditions 

are austere, hostile, and/or nonpermissive, the contracting officer may 

decide it is in the interest of the U.S. 

Government to allow for selected life, 

mission, medical, logistics, and 

administrative support to be provided to 

contractor personnel to ensure 

continuation of essential contractor 

services. Contractors authorized to 

accompany the force (CAAF) may 

receive U.S. Government-furnished 

support commensurate with the 

operational situation in accordance with 

the terms of the contract. 

(e) A common joint database (i.e., the 

Synchronized Predeployment and 

Operational Tracker-Enterprise Suite 

(SPOT–ES) or its successor) will be used 

to maintain contractor personnel 

visibility and accountability in 

applicable operations. References to 

SPOT–ES in this part will refer to that 

system or any database system that 

supersedes it for contractor personnel 

visibility and accountability. 

(f) Solicitations and contracts will: 

(1) Require defense contractors to 

provide personnel who are ready to 

perform contract duties in applicable 

operations and environments by 

verifying the medical, dental, and 

psychological fitness of their employees 

and, if applicable, by ensuring currency 

of any professional qualifications and 

associated certification requirements 

needed for employees to perform 

contractual duties. 

(2) Incorporate contractual terms and 

clauses into the contract that are 

consistent with applicable host nation 

(HN) laws and agreements or designated 

operational area performance 

considerations. 

(g) Contracts for highly sensitive, 

classified, cryptologic, or intelligence 

projects and programs must implement 

this rule to the maximum extent 

possible, consistent with applicable 

laws, Executive orders, presidential 

directives, and relevant DoD issuances. 

To the extent that contracting activities 

are unable to comply with this rule, 

they should submit a request for a 

waiver to the Under Secretary of 

Defense for Acquisition and 

Sustainment (USD(A&S)). Waiver 

requests should include specific 

information providing the rationale 

regarding the inability to comply with 

this rule. 

§ 158.5 Procedures. 

(a) Planning considerations and 

requirements; requirements for 

publication. CCDRs will make 

management policies and specific OCS 

requirements for contractual support 

available to affected contractor 

personnel. The Geographic Combatant 

Commander (GCC) OCS web page will 

set forth the following: 

(1) Theater business clearance (TBC) 

requirements for contracts currently 

being performed and delivering 

contracted support in the CCDR’s AOR. 

(2) Restrictions imposed by applicable 

local laws, international law, status of 

forces agreements (SOFAs), and other 

agreements with the HN. 

(3) CAAF-related deployment 

requirements, including, but not limited 

to: 


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(i) Pre-deployment and required 

individual protective equipment (IPE) 

training. 

(ii) Physical health standards. 

(iii) Immunization and medical 

requirements. 

(iv) Deployment procedures and 

theater reception. 

(4) Reporting requirements for 

accountability and visibility of 

contractor personnel and associated 

contracts. 

(5) Operational security (OPSEC) 

plans and restrictions. 

(6) Force protection policies. 

(7) Personnel recovery procedures. 

(8) Availability of medical and other 

authorized U.S. Government support 

(AGS). 

(9) Redeployment procedures, 

including disposition of U.S. 

Government-furnished equipment. 

(b) Contractual relationships. The 

contract provides the only legal basis for 

the contractual relationship between the 

DoD and the contractor. The contracting 

officer is the only individual with the 

legal authority to enter into such a 

binding relationship with the 

contractor. 

(1) Commanders have the ability to 

restrict installation access, and 

contractor personnel must comply with 

applicable CCDR and local commander 

force protection policies. However, 

military commanders or unit personnel 

do not have contracting authority over 

contractors or contractor personnel and 

may not direct contractors or contractor 

personnel to perform contractual tasks. 

Moreover, the contract does not provide 

a basis for commanders to exercise 

operational control or tactical control 

over contractors or their personnel or to 

assign or attach contractors or their 

personnel to a command or 

organization. 

(2) The contract must specify: 

(i) The terms and conditions under 

which the contractor is to perform, 

including minimum acceptable 

professional and technical standards. 

(ii) The method by which the 

contracting officer will notify the 

contractor of the deployment 

procedures to process contractor 

personnel who are deploying to the 

operational area. 

(iii) The specific contractual support 

terms and agreement between the 

contractor and DoD. 

(iv) The appropriate flow-down of 

provisions and clauses to subcontractors 

and state that the service performed by 

contractor personnel is not considered 

to be active duty or active service. For 

more information, see paragraph (c) in 

appendix A to this part, and 38 U.S.C. 

106, ‘‘Active Duty Service 

Determinations for Civilian or 

Contractual Groups.’’ 

(3) The contract must contain 

applicable clauses to ensure efficient 

deployment, accountability, visibility, 

protection, and redeployment of 

contractor personnel and detail 

authorized levels of health service, 

sustainment, and other support that is 

authorized to be provided to contractor 

personnel supporting applicable 

operations outside the United States. 

(c) Restrictions on contractors 

performing inherently governmental 

functions. (1) Paragraph (c) of appendix 

A of this part, 48 CFR subpart 7.5, 48 

CFR subpart 207.5; Public Law 105–270 

and Office of Management and Budget 

Circular No. A–76 (available at https:// 

www.whitehouse.gov/sites/ 

whitehouse.gov/files/omb/circulars/ 

A76/a76_incl_tech_correction.pdf) bar 

inherently governmental functions and 

duties from private sector performance. 

(2) Contractor personnel may provide 

support during applicable operations, 

including, but not limited to: 

(i) Transporting munitions and other 

supplies. 

(ii) Providing communications 

support. 

(iii) Performing maintenance 

functions for military equipment. 

(iv) Providing force protection and 

private security services. 

(v) Providing foreign language 

interpretation and translation services. 

(vi) Providing logistics services, such 

as billeting and messing. 

(vii) Intelligence surveillance and 

reconnaissance support. 

(viii) Commercial air assets. 

(3) The requiring official will review 

each service performed by contractor 

personnel in applicable operations on a 

case-by-case basis to ensure compliance 

with paragraph (b) of appendix A of this 

part and applicable laws and 

international agreements. 

(4) Restrictions on use of contractor 

personnel for private security services. 

A contractor may be authorized to 

provide private security services only if 

such authorization is consistent with 

applicable U.S., local, and international 

law, including applicable agreements 

with the HN or other applicable 

international agreements, and 32 CFR 

part 159. For more information, see 

paragraph (b) of appendix A of this part 

and 48 CFR subpart 252.2, which 

provide specific procedures and 

guidance. 

(d) Combating trafficking in persons. 

Trafficking in persons is a violation of 

U.S. law and internationally recognized 

human rights, and is incompatible with 

DoD core values. 

(1) 48 CFR subpart 222.17 and 48 CFR 

52.222–50 also known and referred to as 

Combating Trafficking in Persons, 

describe how contractors, contracting 

officers and their representatives, and 

commanders must deter activities such 

as prostitution, forced labor, and other 

related activities contributing to 

trafficking in persons. For more 

information, see paragraph (d) of 

appendix A to this part. 

(2) Contracts in support of applicable 

operations will include terms and 

provisions that require that the 

contractor remove personnel from the 

performance of the contract and return 

any of its personnel who have been 

determined to have engaged in any of 

the activities mentioned in paragraph 

(h)(4)(v)(H) of this section from the 

operational area to the home of record, 

point of origin, or an authorized 

location at the end of contract 

performance or sooner as directed by 

the contracting officer. Once notified of 

such an incident, the contracting officer 

will notify the commander responsible 

in the AOR and provide any information 

required to support an investigation. For 

more information, see 48 CFR subpart 

222.17. 

(e) CAAF designation, legal status, 

credentialing, and security clearance 

requirements—(1) CAAF designation. (i) 

CAAF designation is provided to 

contractor personnel, including all tiers 

of subcontractor personnel, through a 

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 

the U.S. Armed Forces and who 

routinely are co-located with the U.S. 

Armed Forces, especially in nonpermissive environments. Personnel colocated with the U.S. Armed Forces will 

be afforded CAAF status through an 

LOA. 

(ii) In some cases, CCDRs or 

subordinate commanders may designate 

mission-essential HN or LN contractor 

personnel as CAAF unless otherwise 

precluded by HN law, a SOFA, or other 

agreement. In general, LNs are only 

afforded CAAF status when they assume 

great personal risk to perform an 

essential function. 

(iii) Personnel who do not receive a 

CAAF designation are referred to as 

non-CAAF. Individuals’ CAAF status 

may change depending on where their 

employers or the provisions of their 

contract details them to work. CAAF 

designation may affect, but does not 

necessarily affect, a person’s legal status 

under the law of war and the treatment 

to which that person is entitled under 


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the 1949 Geneva Conventions if that 

person falls into the power of the enemy 

during international armed conflict. 

Although CAAF are regarded as 

‘‘persons authorized to accompany the 

armed forces,’’ personnel who are not 

CAAF may also receive this status under 

the law of war. For more information, 

see § 4.15 of paragraph (e) of appendix 

A of this part. In addition, although 

CAAF designation and access to AGS 

often coincide, CAAF status does not 

determine AGS provided. 

(2) Legal status. In implementing this 

part, the DoD Component heads must 

abide by applicable laws, regulations, 

international agreements, and DoD 

policy as they relate to contractor 

personnel performing contractual 

support in support of applicable 

operations. 

(i) HN and third country laws. All 

contractor personnel must comply with 

applicable HN and third country laws. 

The applicability of HN and third 

country laws may be affected by 

international agreements (e.g., 

agreements between the United States 

and the HN) and customary 

international law (e.g., limits imposed 

by customary international law on the 

reach of third country laws). 

(A) U.S., HN, or other countries may 

hire contractor personnel whose status 

may change (e.g., from non-CAAF to 

CAAF) depending on where in the 

operational AOR their employers or the 

provisions of their contracts detail them 

to work. 

(B) CCDRs, as well as subordinate 

commanders, Military Service 

Component commanders, the Directors 

of the Defense Agencies, and Directors 

of DoD Field Activities should recognize 

limiting factors regarding the 

employment of LN and TCN personnel. 

Limiting factors include, but are not 

limited to: 

(1) Imported labor worker permits. 

(2) Workforce and hour restrictions. 

(3) Medical, life, and disability 

insurance coverage. 

(4) Taxes, customs, and duties. 

(5) Cost of living allowances. 

(6) Hardship differentials. 

(7) Access to classified information. 

(8) Hazardous duty pay. 

(ii) U.S. laws. U.S. citizens and CAAF, 

with some exceptions, are subject to 

U.S. laws and U.S. Government 

regulations. 

(A) All U.S. citizen and TCN CAAF 

are subject to potential prosecutorial 

action under the criminal jurisdiction of 

the United States, including, but not 

limited to, 18 U.S.C. 3261, also known 

and referred to in this part as the 

Military Extraterritorial Jurisdiction Act 

of 2000 (MEJA). MEJA extends U.S. 

federal criminal jurisdiction to certain 

contractor personnel for offenses 

committed outside U.S. territory. 

(B) The March 10, 2008, Secretary of 

Defense Memorandum states that 

contractor personnel are subject to 

prosecution pursuant to 10 U.S.C. 

Chapter 47, also known and referred to 

in this part as the Uniform Code of 

Military Justice (UCMJ), when serving 

overseas in support of a declared war or 

contingency, and provides guidance to 

commanders on the exercise of this 

UCMJ jurisdiction. 

(C) Other U.S. law may allow 

prosecution of offenses by contractor 

personnel (e.g., 18 U.S.C. 7). 

(3) 1949 Geneva Conventions. The 

1949 Geneva Conventions, including the 

Geneva Convention Relative to the 

Treatment of Prisoners of War, may be 

applicable to certain contractor 

personnel who fall into the power of the 

enemy during international armed 

conflict. 

(i) All contractor personnel may be at 

risk of injury or death incidental to 

enemy actions while supporting 

military operations. 

(ii) Contractor personnel with CAAF 

status will receive an appropriate 

identification card required by the 

Geneva Convention Relative to the 

Treatment of Prisoners of War, 

consistent with paragraph (f) of 

appendix A to this part. 

(iii) CAAF may be used in support of 

applicable operations, consistent with 

the terms of U.S. Government 

authorization. If they fall into the power 

of the enemy during international armed 

conflict, contractor personnel with 

CAAF status are entitled to prisoner of 

war status. 

(4) Credentialing. Contracts must 

require CAAF to receive an 

identification card with the Geneva 

Convention’s category of persons 

authorized to accompany the armed 

forces. For more information, see 

paragraphs (f) through (h) of appendix A 

to this part. At the time of identification 

card issuance, CAAF must present their 

SPOT–ES-generated LOA as proof of 

eligibility. 

(i) Sponsorship must incorporate the 

processes for confirming eligibility for 

an identification card. The sponsor is 

the person affiliated with the DoD or 

another Federal agency that takes 

responsibility for verifying and 

authorizing an applicant’s need for a 

Geneva Convention identification card. 

A DoD official or employee must 

sponsor applicants for a common access 

card (CAC). 

(ii) Individuals who have multiple 

DoD personnel category codes (e.g., an 

individual who is both a reservist and 

a contractor) will receive a separate 

identification card in each personnel 

category for which they are eligible. 

Individuals under a single personnel 

category code may not hold multiple 

current identification cards of the same 

form. 

(5) Security clearance requirements. 

To the extent necessary, the contract 

must require the contractor to provide 

personnel who have the appropriate 

security clearance or who are able to 

satisfy the appropriate background 

investigation requirements to obtain 

access required to perform contractual 

requirements in support of the 

applicable operation. 

(f) Considerations for support to 

contractors—(1) U.S. Government 

support. Generally, contracts supporting 

applicable operations must require 

contractors to provide to their personnel 

all life, mission, medical, and 

administrative support necessary to 

perform the contractual requirements 

and meet CCDR guidance posted on the 

GCC OCS web page. In some operations, 

especially those in which conditions are 

austere, uncertain, or non-permissive, 

the CCDR may decide it is in the U.S. 

Government’s interest for the DoD to 

allow contractor personnel access to 

selected AGS. The contract must state 

the level of access to AGS in its terms 

and conditions. 

(i) In operations where conditions are 

austere, uncertain, or non-permissive, 

the contracting officer will consult with 

the requiring activity to determine if it 

is in the U.S. Government’s interests to 

allow for selected life, mission, medical, 

and administrative support to certain 

contractor personnel. 

(ii) The solicitation and contract must 

specify the level of AGS that the U.S. 

Government will provide to contractor 

personnel and what support provided to 

the contractor personnel is reimbursable 

to the U.S. Government. 

(iii) Access to DoD benefits facilitated 

by the identification card may be 

granted to contractors under certain 

circumstances. For more information, 

see paragraph (i) of appendix A to this 

part. 

(2) IPE. When necessary or directed 

by the CCDR, the contracting officer will 

include language in the contract 

authorizing the issuance of military IPE 

(e.g., chemical, biological, radiological, 

nuclear (CBRN) protective ensemble, 

body armor, ballistic helmet) to 

contractor personnel as part of AGS. 

(i) Typically, IPE will be issued by the 

central issue facility at the deployment 

center before deployment to the 

designated operational area and must be 

accounted for and returned to the U.S. 

Government or otherwise accounted for, 


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in accordance with appropriate DoD 

Component regulations, directives, and 

instructions. 

(ii) Contractor personnel deployment 

training will include training on the 

proper care, fitting, and maintenance of 

protective equipment, whether issued 

by the U.S. Government or provided by 

the contractor in accordance with the 

contractual requirements. This training 

will include practical exercises within 

mission-oriented protective posture 

levels. 

(iii) When the terms and conditions of 

a contract require a contractor to 

provide IPE, such IPE must meet 

minimum standards as defined by the 

contract. 

(3) Clothing. Contractors, or their 

personnel, must provide their own 

personal clothing, including casual and 

work clothing required to perform the 

contract requirements. 

(i) Generally, CCDRs will not 

authorize the issuance of military 

clothing to contractor personnel or will 

not allow the wearing of military or 

military look-alike uniforms. Contractor 

personnel are prohibited from wearing 

military clothing unless specifically 

authorized in writing by the CCDR. 

However, a CCDR or subordinate joint 

force commander (JFC) deployed 

forward may authorize contractor 

personnel to wear standard uniform 

items for operational reasons. Contracts 

must include terms and clauses that 

require that this authorization be 

provided in writing by the CCDR and 

that the uniforms are maintained in the 

possession of authorized contractor 

personnel at all times. 

(ii) When commanders issue any type 

of standard uniform item to contractor 

personnel, care must be taken to ensure 

that contractor personnel are 

distinguishable from military personnel 

through the use of distinctive patches, 

arm bands, nametags, or headgear, 

consistent with force protection 

measures, and that contractor personnel 

carry the CCDR’s written authorization 

with them at all times. 

(4) Weapons. Contractor personnel are 

not authorized to possess or carry 

firearms or ammunition during 

applicable operations, except as 

provided in paragraph (h)(2)(ii) of this 

section and 32 CFR part 159. The 

contract will provide the terms and 

conditions governing the possession of 

firearms by contractor personnel. 

Information on all weapons authorized 

for contractors and their personnel will 

be entered into the SPOT–ES database. 

(5) Mortuary affairs. The DoD 

Mortuary Affairs Program, as described 

in paragraph (j) of appendix A to this 

part, covers all CAAF who die while 

performing contractual requirements in 

support of the U.S. Armed Forces. 

Mortuary affairs support and 

transportation will be provided on a 

reimbursable basis for the recovery, 

identification, and disposition of 

remains and personal effects of CAAF. 

(i) Every effort must be made to 

identify remains and account for unrecovered remains of contractor 

personnel and their dependents who die 

in military operations, training 

accidents, and other incidents. The 

remains of contractor personnel who die 

as the result of an incident in support 

of military operations are afforded the 

same dignity and respect afforded to 

military remains. For more information, 

see paragraph (k) of appendix A to this 

part. 

(ii) The DoD may provide mortuary 

affairs support and transportation on a 

reimbursable basis for the recovery, 

identification, and disposition of 

remains and personal effects of nonCAAF at the request of the Department 

of State (DOS) and in accordance with 

this rule, applicable agreements with 

the HN, and applicable contract 

provisions. The Under Secretary of 

Defense for Personnel and Readiness 

(USD(P&R)) will coordinate this support 

with the DOS, including for cost 

reimbursement to the DoD Component 

for the provision of this support. 

(iii) The responsibility for 

coordinating the transfer of non-CAAF 

remains to the HN or affected nation 

resides with the GCC in coordination 

with the DOS, through the respective 

embassies, or through the International 

Committee of the Red Cross, the 

International Federation of the Red 

Cross or Red Crescent Societies, as 

appropriate, and in accordance with 

applicable contract clauses. 

(6) Medical support and evacuation. 

Generally, the DoD will provide only 

resuscitative care, stabilization, and 

hospitalization at military medical 

treatment facilities (MTFs) and 

assistance with patient movement in 

emergencies where loss of life, limb, or 

eyesight could occur. The DoD Foreign 

Clearance Guide (FCG) and the GCC 

OCS web pages contain theater-specific 

contract language to provide contract 

terms to clarify available healthcare for 

contractor personnel. During operations 

in austere, uncertain, or hostile 

environments, CAAF may encounter 

situations in which they cannot access 

adequate medical support in the local 

area. 

(i) All costs associated with the 

treatment and transportation of 

contractor personnel to the selected 

civilian facility are reimbursable to the 

U.S. Government and are the 

responsibility of contractor personnel, 

their employers, or their health 

insurance providers. For more 

information, see paragraph (l) of 

appendix A to this part. Nothing in this 

paragraph is intended to affect the 

allowability of costs incurred under a 

contract. 

(ii) Medical support and evacuation 

procedures: 

(A) All CAAF will normally be 

afforded emergency medical and dental 

care if injured while supporting 

applicable operations. Additionally, 

non-CAAF who are injured while in the 

vicinity of the U.S. Armed Forces while 

supporting applicable operations also 

normally will 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: 

(1) Examination and initial treatment 

of victims of sexual assault. 

(2) Refills of prescriptions for lifedependent drugs. 

(3) Repair of broken bones, 

lacerations, and infections. 

(4) Traumatic injuries to the teeth. 

(B) MTFs normally will not authorize 

or provide primary medical or dental 

care to CAAF. 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. 

Primary care includes: 

(1) Routine inpatient and outpatient 

services. 

(2) Non-emergency evacuation. 

(3) Pharmaceutical support (with the 

exception of emergency refills of 

prescriptions for life-dependent drugs). 

(4) Non-emergency dental services. 

(5) Other medical support, as 

determined by the CCDR or JFC based 

on recommendations from the cognizant 

medical authority and the existing 

capabilities of the forward-deployed 

MTFs. 

(C) The DoD will not provide longterm care to contractor personnel. 

(D) The CCDR or subordinate 

commander has the authority to 

quarantine or restrict movement of 

contractor personnel. For more 

information, see paragraph (m) of 

appendix A to this part. 

(E) 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. If 

CAAF require medical evacuation 


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outside the United States, the sending 

MTF staff will assist the CAAF in 

making arrangements for transfer to a 

civilian facility of the CAAF’s choice. 

When U.S. forces provide emergency 

medical care to LN contractor 

personnel, these patients will use HN 

transportation means, when possible, 

for evacuation or transportation to their 

local medical systems. For more 

information, see paragraph (n) of 

appendix A to this part. 

(7) Other AGS. 48 CFR subpart 225.3 

lists types of support that may be 

authorized for contractor personnel who 

are deployed with or otherwise provide 

support to applicable operations, which 

may include transportation to and 

within the operational area, mess 

operations, quarters, phone service, 

religious support, and laundry. 

(i) Contractor personnel of U.S. 

owned-contractors who are supporting 

DoD activities may be authorized the 

use of the military postal service. For 

more information, see paragraph (o) of 

appendix A to this part. The extent of 

postal support will be set forth in the 

contract. The provisions for postal 

support in such contracts must be 

reviewed and approved by the 

applicable CCDR, or the designated 

representative, and the Military 

Department concerned before execution 

of the contract. 

(ii) Morale, welfare, and recreation 

and exchange services are authorized for 

contractor personnel who are U.S. 

citizens supporting DoD activities 

outside the United States. For more 

information, see paragraphs (p) and (q) 

of appendix A to this part. 

(g) Accountability and visibility of 

contracts and contractor personnel. (1) 

During applicable operations, 

contractors will use SPOT–ES as 

follows: 

(i) All CAAF will register in SPOT–ES 

by name. 

(ii) Non-CAAF will be registered in 

SPOT–ES by name if they are 

performing on a DoD contract for at least 

30 consecutive days unless a lesser 

number of days is requested by the 

CCDR or if they require access to a U.S. 

or coalition-controlled installation. 

Contracting officers will ensure nonCAAF who require access to U.S. or 

coalition-controlled installations are 

registered in SPOT–ES before requesting 

or receiving installation access. 

(iii) All private security contractor 

personnel and all other contractor 

personnel authorized to carry weapons, 

regardless of the length of the 

performance or contract value, will 

register in SPOT–ES by name. 

(iv) During operations other than 

contingency operations, humanitarian 

assistance, or peace operations, 

contractors will use SPOT–ES in 

situations required by the CCDR and as 

follows: 

(2) To account for: 

(i) All U.S. citizen and TCN contractor 

personnel. 

(ii) All private security contractor 

personnel and all other contractor 

personnel authorized to carry weapons, 

where the designated area and place of 

performance are outside the United 

States, regardless of the length of 

performance or contract value. 

(3) The contracting officer will 

account for an estimated total number of 

LNs employed under the contract, by 

country or on a monthly basis. 

(4) Contract linguists will register in 

SPOT–ES in the same manner as other 

contractor personnel and will also be 

tracked using the Contract Linguist 

Enterprise-wide Database. For more 

information, see paragraph (r) of 

appendix A to this part. 

(5) LNs should be registered in SPOT– 

ES by name to improve data quality and 

reduce confusion during a transition to 

accountability requirements during a 

contingency operation, which will 

require by-name accountability. 

(6) The DoD has designated SPOT–ES 

as the joint web-based database to assist 

the CCDRs in maintaining awareness of 

the nature, extent, and potential risks 

and capabilities associated with 

contracted support for contingency 

operations, humanitarian assistance, 

and peacekeeping operations, or 

military exercises designated by the 

CCDR. To facilitate integration of 

contractors and other personnel, as 

directed by the USD(A&S) or the CCDR, 

and to ensure the accurate forecasting 

and provision of accountability, 

visibility, force protection, medical 

support, personnel recovery, and other 

related support, the following 

procedures will help establish, 

maintain, and validate the accuracy of 

information in the database. 

(i) SPOT–ES will: 

(A) Serve as the central repository for 

deployment status and reporting on the 

contractor personnel as well as other 

U.S. Government agency contractor 

personnel, as applicable. For additional 

information, see paragraph (s) of 

appendix A to this part. 

(B) Track information for all DoD 

contracts that are awarded in support of 

applicable operations outside of the 

United States, in accordance with the 

SPOT Business Rules and as directed by 

the USD(A&S), 48 CFR subpart 225.3, or 

the CCDR. SPOT–ES will collect and 

report on: 

(1) The total number of contractor 

personnel working under contracts 

entered into as of the end of each 

calendar quarter. 

(2) The total number of contractor 

personnel performing security functions 

under contracts entered into with the 

DoD. 

(3) The total number of contractor 

personnel killed or wounded who were 

performing under any contracts entered 

into with the DoD. 

(C) Provide personnel accountability 

via unique identifier (e.g., Electronic 

Data Interchange Personnel Identifier or 

Foreign Identification Number) of 

contractor personnel and other 

personnel, as directed by the USD(A&S), 

48 CFR subpart 225.3, or the CCDR. 

(D) Contain, or link to, minimum 

contract information necessary to: 

(1) Establish and maintain 

accountability of the personnel in 

paragraph (g) of this section. 

(2) Maintain information on specific 

equipment related to the performance of 

private security contracts. 

(3) Maintain oversight information on 

the contracted support in applicable 

operations. 

(E) Comply with: 

(1) The personnel identity protection 

program requirements found in 

paragraphs (t) and (u) of appendix A to 

this part. 

(2) The DoD Information Enterprise 

architecture. For more information, see 

paragraph (v) of appendix A to this part. 

(3) The interoperability and secure 

sharing of information requirements 

found in paragraphs (w) through (y) of 

appendix A to this part. 

(ii) Before registering in SPOT–ES, 

contracting officers, company 

administrators, and U.S. Government 

administrators or authorities must meet 

minimum training requirements in the 

SPOT Business Rules. 

(iii) The contractor must enter all 

required data into SPOT–ES before its 

employees may deploy to or enter a 

theater of operations, and maintain such 

data, as directed by the USD(A&S), 48 

CFR subpart 225.3, or the CCDR. 

(iv) The contracting officer will enter 

the DoD contract services or capabilities 

for all contracts that are awarded in 

support of applicable operations, 

including theater support, external 

support, and systems support contracts, 

into SPOT–ES consistent with 48 CFR 

252.225–7040. 

(v) In accordance with applicable 

acquisition policy and regulations and 

under the terms and conditions of each 

affected contract, all contractors 

awarded contracts that support 

applicable operations must input 

employee data and maintain 

accountability, by name, of designated 


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contractor personnel in SPOT–ES as 

required by 48 CFR 252.225–7040. 

(A) Contractors must maintain current 

status of the daily location of their 

employees and, when requested, submit 

to the COR up-to-date, real-time 

information reflecting all personnel 

deployed or to be deployed in support 

of applicable operations. 

(B) Prime contractors must enter upto-date information regarding their 

subcontractors at all tiers into SPOT–ES. 

(vi) In all cases, users providing 

classified information in response to the 

requirements of this part must report 

and maintain that information on 

systems approved for the level of 

classification of the information 

provided. 

(7) The contracting officer or his or 

her designee will ensure a SPOT–ESgenerated LOA has been issued to all 

CAAF who are approved to deploy, as 

required by 48 CFR 252.225–7040, and 

selected non-CAAF (e.g., LN and nonLN employees who are permanent 

residents in the operational area, or 

TCNs not routinely residing with the 

U.S. Armed Forces who perform 

support functions away from the close 

proximity of, and do not reside with, the 

U.S. Armed Forces, and private security 

contractors), pursuant to 48 CFR subpart 

225.3, or as otherwise designated by the 

CCDR. 

(i) The contract will require that all 

contractor personnel issued an LOA 

carry the LOA with them at all times. 

(ii) Reserved. 

(h) Theater admission requirements. 

Special area, country, and theater 

personnel clearance documents must be 

current, in accordance with the DoD 

FCG, and coordinated with affected 

agencies to ensure that entry 

requirements do not adversely affect 

accomplishment of mission 

requirements. 

(1) CAAF employed in support of DoD 

missions are considered DoD-sponsored 

personnel for DoD FCG purposes. 

(2) Contracting officers must ensure 

contracts include a requirement for 

contractor personnel to meet theater 

personnel clearance requirements and 

obtain personnel clearances through the 

Aircraft and Personnel Automated 

Clearance System before entering a 

designated theater of operations. For 

more information, see paragraph (z) of 

appendix A to this part. 

(3) Contracts must require contractor 

personnel to obtain proper 

identification credentials, such as 

passports, visas, and other documents 

required to enter and exit a designated 

operational area, and have a required 

Geneva Conventions identification card, 

or other appropriate DoD credential 

from the deploying center. 

(i) Deployment procedures. Contracts 

must contain terms and conditions that 

detail the need for contractors to follow 

these credentialing requirements, as 

required by 48 CFR subpart 225.3, 48 

CFR 252.225–7040, and as outlined in 

the DoD FCG. At a minimum, 

contracting officers must ensure that 

contracts address operational areaspecific contract requirements and the 

means by which the DoD will inform 

contractor personnel of the 

requirements and procedures applicable 

to their deployment. 

(1) Deployment center designation. A 

formally designated group, joint, or 

Military Department deployment center 

will be used to conduct deployment and 

redeployment processing for CAAF, 

unless contractor-performed theater 

admission preparation is authorized or 

waived by the CCDR or designee 

pursuant to DoDI 3020.41, ‘‘Operational 

Contract Support (OCS).’’ If the contract 

contains clauses that specify another 

U.S. Government-authorized process 

that incorporates all the functions of a 

deployment center, such process may 

also be used by a contractor to conduct 

deployment and redeployment 

processing for CAAF. 

(2) Medical preparation. (i) In 

accordance with 32 CFR 158.7, contracts 

must require that contractors provide 

medically and physically qualified 

contractor personnel to perform duties 

in applicable operations, as outlined in 

the contract. 

(A) Any CAAF deemed unsuitable to 

deploy during the deployment process 

due to medical or dental reasons will 

not be authorized to deploy. 

(B) The Secretary of Defense may 

direct immunizations as mandatory for 

CAAF performing essential contractor 

services. 

(C) For contracts that employ CAAF 

who are U.S. citizens, the contract must 

require that contractors make available 

the medical and dental records of 

deploying employees who authorize 

release for this purpose based on this 

section, applicable cognizant medical 

authority guidance, and relevant 

Military Department policy. These 

records should include current 

panographic x-rays. For more 

information see paragraph (aa) of 

appendix A to this part. 

(ii) U.S. Government personnel may 

not involuntarily immunize contractor 

personnel or require contractor 

personnel to disclose their medical 

records involuntarily. Therefore, the 

contracting officer will provide 

contractors time to notify and/or hire 

employees who voluntarily consent to 

U.S. Government medical requirements, 

including to receiving U.S. Governmentrequired immunizations and disclosing 

their private medical information to the 

U.S. Government. 

(iii) All CAAF will receive medical 

threat pre-deployment briefings at the 

deployment center to communicate 

health risks and countermeasures in the 

designated operational area. For more 

information, see paragraph (bb) of 

appendix A to this part. 

(A) In accordance with GCC or JFC 

plans and orders, contracts must 

include terms and conditions that fully 

specify health readiness and force 

health protection capability, either as a 

responsibility of the contractor or the 

DoD Components, to ensure appropriate 

medical staffing in the operational area. 

(B) Health surveillance activities must 

include plans for CAAF. For more 

information, see paragraphs (bb) and 

(cc) of appendix A to this part. Section 

158.7 of this rule further addresses 

deoxyribonucleic acid (DNA) collection 

and other medical requirements. 

(3) Training. Joint training policy and 

guidance for the Military Services, 

including contractors, is provided. For 

more information, see paragraph (dd) of 

appendix A to this part. CCDRs will 

place standing training requirements on 

the GCC OCS web pages for reference by 

contractors. Other training requirements 

that are specific to an applicable 

operation will be placed on the GCC 

OCS web pages shortly after identifying 

the requirement so that contracting 

officers can incorporate the training 

requirement into the appropriate 

contracts as soon as possible. Training 

requirements: 

(i) Must be included, or incorporated 

by reference in contracts employing 

contractor personnel supporting 

applicable operations. 

(ii) Include specific requirements 

established by the CCDR and training 

required in accordance with this rule, 

32 CFR part 159, and paragraphs (ee) 

through (hh) of appendix A to this part. 

(4) Deployment center procedures. 

Affected contracts must require that all 

CAAF deploying from outside the 

operational area process through a 

designated deployment center or a U.S. 

Government-authorized, contractorperformed deployment processing 

facility before deploying to an 

applicable operation and redeploy in 

the same manner. Upon receiving the 

contracted company’s certification that 

employees meet deployability 

requirements, the contracting officer or 

representative will digitally sign the 

LOA, which CAAF will then present to 

officials at the deployment center. The 


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deployment process includes, but is not 

limited to: 

(i) Verifying registration in SPOT–ES. 

(ii) Issuing applicable U.S. 

Government-furnished equipment. 

(iii) Verifying the completion of 

medical and dental screening before 

arrival. 

(iv) Administering required theaterspecific immunizations and medications 

not available through healthcare 

providers in the general public. 

(v) Verifying and, when necessary, 

providing required training, country and 

cultural awareness briefings, and other 

training and briefings, as required by the 

CCDR. Examples of required training 

include, but are not limited to: 

(A) Law of war, including the 1949 

Geneva Conventions. 

(B) Law and policy applicable to 

detainee operations and intelligence 

interrogation operations, as appropriate. 

(C) General orders. 

(D) Standards of conduct. 

(E) Force protection. 

(F) Personnel recovery. 

(G) First aid. 

(H) Combatting trafficking in persons. 

(I) OPSEC. 

(J) Anti-terrorism. 

(K) Counterintelligence reporting. 

(L) The use of CBRN protective 

ensemble. 

(M) Deployment health threats 

briefing. 

(5) Certification. Contracts supporting 

applicable operations must include 

terms and conditions requiring 

contractors to certify to the authorized 

U.S. Government representative, before 

deployment, that each individual has 

completed all required deployment 

processing actions. 

(6) Legal. Contractor personnel are not 

entitled to military legal assistance intheater or at the deployment center. 

Individual contractor personnel must 

have their personal legal affairs in order 

(e.g., preparing and completing powers 

of attorney, wills, trusts, and estate 

plans) before reporting to deployment 

centers. 

(7) Waivers. For required contracted 

support of 17 days or less in an 

operational area, the CCDR or designee 

may waive a portion of the formal 

procedural requirements pursuant to 

DoDI 3020.41, ‘‘Operational Contract 

Support (OCS),’’ which may include the 

CCDR or designee waiving the 

requirement in writing for processing 

through a deployment center. However, 

the CCDR or designee may not waive the 

requirements to possess proper 

identification cards and to establish and 

maintain accountability for all 

contractor personnel, or any medical 

requirement without the prior approval 

of the cognizant medical authority or 

their designee. If a contract authorizes 

contractor personnel to be armed, the 

requirements of paragraphs (c)(4) and 

(k)(2) of this section may not be waived. 

(j) Reception—(1) Designated 

reception site. In applicable operations, 

all CAAF must enter into the 

operational area through a designated 

reception site. 

(i) Based upon a visual inspection of 

the LOA, the site will verify that 

contractor personnel are entered in 

SPOT–ES and meet theater-specific 

entry requirements. 

(ii) Contractor personnel already in 

the designated operational area when a 

contingency is declared must report to 

the designated reception site as soon as 

it is operational based on the terms and 

conditions of the contract. 

(iii) When entering a designated 

reception site for theater entry 

processing, if any CAAF does not have 

the proper documentation to perform in 

an area, he or she will be refused entry 

into the theater, and the contracting 

officer will notify the contractor to take 

the necessary action to resolve the issue. 

Should the contractor fail to take action, 

the CAAF individual will be sent back 

to his or her departure point, or directed 

to report to the Military Service 

Component command or Defense 

Agency responsible for that specific 

contract for theater entrance processing. 

(2) Contractor integration. It is critical 

that CAAF brought into an operational 

area are properly integrated into the 

military operation through a formal 

reception process. At a minimum, they 

will: 

(i) Meet theater entry requirements 

and be authorized to enter the theater. 

(ii) Be accounted for in SPOT–ES. 

(iii) Possess any required IPE, 

including CBRN protective ensemble. 

(iv) Be authorized any contractually 

required AGS and force protection. 

(k) In-theater management—(1) 

Conduct and discipline. Contract terms 

and conditions must require that CAAF 

comply with CCDR theater orders, 

applicable directives, laws, and 

regulations. Non-CAAF who require 

base access to perform contractual 

requirements must follow base force 

protection and security-related 

procedures, as applicable. 

(i) 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. In emergency 

situations (e.g., enemy or terrorist 

actions or natural disaster), the 

cognizant military commander may 

recommend or issue warnings or 

messages urging contractor personnel to 

take emergency actions to remove 

themselves from harm’s way or to take 

other appropriate self-protective 

measures. During armed conflict, 

contractor personnel are not exempt 

from the authority that commanders 

may exercise to control the movement of 

persons and vehicles within the 

immediate vicinity of operations. For 

more information, see §§ 5.2.2.1, 13.8, 

and 14.6 of paragraph (e) of appendix A 

to this part. 

(ii) The contractor is responsible for 

disciplining contractor personnel, as 

necessary and appropriate. 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 

contractor personnel who jeopardize or 

interfere with mission accomplishment, 

who threaten force protection measures, 

or who fail to comply with or violate 

applicable requirements of the contract. 

Such action may: 

(A) Include contractor personnel 

whose actual field performance 

(certification or professional standard) is 

below the contractual requirement. 

(B) Be taken at U.S. Government 

discretion without prejudice to the 

contractor’s rights under any other 

provision of the contract. A commander 

also has the authority to take certain 

actions affecting 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, or individuals employed 

by or accompanying the Military 

Services outside the United States, are 

subject to potential prosecutorial action 

under the criminal jurisdiction of the 

United States, pursuant to Sections 7, 

2441, 2442, or 3261 of Title 18, U.S.C., 

or other provisions of U.S. law, 

including the UCMJ. 

(A) Commanders possess significant 

authority to act whenever criminal acts 

are committed by anyone subject to the 

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 undetermined. The March 

10, 2008, Secretary of Defense 

Memorandum provides guidance to 

commanders on the exercise of this 

UCMJ jurisdiction over DoD contractor 

personnel serving with or 

accompanying the U.S. Armed Forces 

overseas during declared war and in 

contingency operations. 

(B) Contracting officers will ensure 

that contractors are aware of their 


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employees’ status and liabilities as 

CAAF and the required training 

associated with this status. 

(C) CCDRs 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. Contractor personnel also 

are normally subject to the domestic 

criminal law of the local country. When 

confronted with disciplinary problems 

involving contractor personnel, 

commanders should 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 allegedly committed 

by or against contractor personnel, 

appropriate investigative authorities 

will keep the contracting officer 

informed, to the extent possible without 

compromising the investigation, if the 

alleged offense has a potential contract 

performance implication. 

(2) Force protection and weapons 

issuance. CCDRs must include 

contractor personnel in their force 

protection planning and communicate 

the results to contracting activities and 

contractors via the GCC OCS web page. 

In general, contractors are responsible 

for the security of their own personnel. 

Contractor personnel working within a 

U.S. military facility or in close 

proximity to the U.S. Armed Forces may 

receive incidentally the benefits of 

measures taken to protect the U.S. 

Armed Forces. For more information, 

see paragraph (ee) of appendix A to this 

part. However, where additional 

security is needed to achieve force 

protection, and it is not operationally or 

cost effective for contractors to do so 

individually, the commander may 

determine it is in the interests of the 

U.S. Government to provide security for 

contractor personnel. When security is 

provided through military means, 

contractor personnel should receive a 

level of force protection equal to that of 

DoD civilian employees. 

(i) When the CCDR deems military 

force protection and legitimate civil 

authority are unavailable or insufficient, 

he or she may authorize, in writing, 

contractor personnel to be armed for 

self-defense purposes only. In 

authorizing contractor personnel to be 

armed, the contractor, the armed 

contractor personnel, and the U.S. 

military must adhere to: 

(A) Applicable U.S., HN, and 

international law; 

(B) Relevant SOFAs and other 

agreements; 

(C) Other arrangements with local 

authorities; and 

(D) The rules for the use of force, and 

guidance and orders regarding the 

possession, use, safety, accountability of 

weapons and ammunition that are 

issued by the CCDR. 

(ii) Depending on the operational 

situation and the specific circumstances 

of contractor personnel, the contractor 

may apply for its personnel to be armed 

for self-defense purposes on a case-bycase basis. The appropriate Staff Judge 

Advocate (or their designee) to the 

CCDR will review all applications to 

ensure there is a legal basis for approval. 

In reviewing applications, CCDRs will 

apply the criteria mandated for arming 

contractor personnel for private security 

services consistent with 32 CFR part 

159. 

(A) In such cases, the contractor will 

validate to the contracting officer, or 

designee, that the contractor personnel 

have received weapons familiarization, 

qualification, and briefings regarding 

the rules for the use of force, in 

accordance with CCDR policies. 

(B) Acceptance of weapons by 

contractor personnel is voluntary. In 

accordance with paragraph (j) of 48 CFR 

252.225–7040, the contract must require 

contractors to ensure that applicable 

U.S. law does not prohibit personnel 

from possessing firearms. 

(C) Contracts must require all 

contractor personnel to comply with 

applicable CCDR and local commander 

force protection policies. When armed 

for personal protection, the contract 

may only authorize contractor personnel 

to use force for self-defense and must 

require contractors to ensure that U.S. 

law does not prohibit its personnel from 

possessing firearms, in accordance with 

paragraph (j) of 48 CFR 252.225–7040. 

Unless not subject to local laws or HN 

jurisdiction by virtue of an international 

agreement or customary international 

law, the contract must include terms 

and conditions setting forth that the 

inappropriate use of force could subject 

contractor personnel to U.S. and/or 

local or HN prosecution and civil 

liability. 

(3) Personnel recovery, missing 

persons, and casualty reporting. (i) The 

DoD personnel recovery program 

applies to all CAAF regardless of their 

citizenship. For more information, see 

paragraph (ii) of appendix A to this part. 

If a CAAF individual becomes isolated 

or unaccounted for, the contractor must 

promptly file a search and rescue 

incident report to the theater’s 

personnel recovery architecture (e.g., 

the component personnel recovery 

coordination cell or the CCMD joint 

personnel recovery center). 

(ii) Upon recovery following an 

isolating event, a CAAF returnee must 

enter the first of the three phases of 

reintegration. For more information, see 

paragraph (jj) of appendix A to this part. 

The contractor must offer the additional 

phases of reintegration to the returnee to 

ensure his or her physical and 

psychological well-being while 

adjusting to the post-captivity 

environment. 

(iii) The contractor must report all 

CAAF and non-CAAF casualties. For 

more information, see paragraph (s) of 

appendix A to this part. 

(l) Redeployment procedures. The 

considerations in this section apply 

during the redeployment of CAAF. At 

the end of the performance period of a 

contract, or in cases of early 

redeployment, CAAF must complete the 

redeployment process to adjust AGS 

requirements and turn in U.S. 

Government-provided equipment. 

(1) Preparation for redeployment. 

CAAF must complete intelligence outbriefs and customs and immigration 

briefings and inspections in accordance 

with CCDR policy and applicable HN 

law. CAAF are subject to customs and 

immigration processing procedures at 

all designated 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) Transportation out of theater. The 

terms and conditions of the contract 

will state whether the U.S. Government 

will provide transportation out of 

theater. 

(i) Upon completion of the 

deployment or other authorized release, 

the U.S. Government must provide 

contractor personnel transportation 

from the theater of operations to the 

location from which they deployed, in 

accordance with each individual’s LOA 

and unless otherwise directed. If 

commercial transportation is not 

available, it should be stated in the LOA 

in accordance with paragraph (l) of 

appendix A to this part. CAAF are also 

required to depart from the operational 

area through the designated reception 

site. 

(ii) Before redeployment, the 

contractor personnel, through his or her 

contractor, will coordinate exit times 

and transportation with the continental 

U.S. replacement center or designated 

reception site. 

(3) Redeployment center procedures. 

In most instances, the deployment 

center or site that prepared the CAAF 

for deployment will serve as the return 


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processing center. As part of CAAF 

redeployment processing, the 

designated reception site personnel will 

screen contractor records, recover U.S. 

Government-issued identification cards 

and equipment, and conduct 

debriefings, as appropriate. The 

returning CAAF will spend the 

minimum amount of time possible at 

the return processing center in order to 

complete the necessary administrative 

procedures. 

(i) Contractor personnel must return 

all U.S. Government-issued 

identification and access badges (e.g., 

badges, key cards, and other access 

devices, including CACs). 

(ii) Contractor personnel must return 

any issued clothing and equipment and 

report any lost, damaged, or destroyed 

clothing and equipment in accordance 

with procedures of the issuing facility. 

Contractor personnel also will receive a 

post-deployment medical briefing on 

signs and symptoms of potential 

diseases (e.g., tuberculosis (TB)). As 

some countries hosting an intermediate 

staging base may not permit certain 

items to enter their territory, certain 

clothing and equipment, whether issued 

by the contractor, purchased by the 

employee, or provided by the DoD, may 

not be permitted to be removed from the 

AOR. In this case, CCDR or JFC 

guidance and contract terms and 

conditions will provide alternate 

methods of accounting for U.S. 

Government-issued equipment and 

clothing. 

(4) Update to SPOT–ES. Contracting 

officers or their designated 

representatives must verify that 

contractors have updated SPOT–ES to 

reflect their employee’s change in status 

within three days of a contractor 

employee’s redeployment, close out the 

deployment, and collect or revoke the 

LOA. 

(5) Transportation to home 

destination. Transportation of CAAF 

from the deployment center or site to 

their home destinations is the 

employer’s responsibility. 

§ 158.6 Guidance for contractor medical 

and dental fitness. 

(a) General. (1) DoD contracts 

requiring the deployment of CAAF must 

include medical and dental fitness 

requirements as specified in this 

section. Under the terms and conditions 

of their contracts, contractors will 

employ personnel who meet such 

medical and dental requirements. 

Replacement of non-medically qualified 

contractor personnel already deployed 

to theater will be at the contractor’s cost. 

(2) The GCC concerned will establish 

force health protection policies and 

programs for the protection of all forces 

assigned or attached to their command 

in accordance with force health 

protection (FHP) standards and 

applicable medical and dental standards 

of fitness in order to promote and 

sustain a healthy and fit force. For more 

information, see paragraph (kk) of 

appendix A to this part. When the 

requiring activity requests exceptions to 

these standards through the contracting 

officer, the CCDR concerned 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 supporting the basis for the 

waiver. 

(3) The GCC concerned will 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 GCC concerned will 

ensure development of appropriate 

procedures and criteria for requiring 

removal of contractor personnel 

identified as ‘‘no longer medically 

qualified,’’ and post such language on 

the GCC OCS web page. Contracting 

officers will incorporate the language 

into clauses for all contracts for 

performance in the AOR. 

(4) Unless otherwise stated in the 

contract terms and conditions, all 

medical evaluations and treatment are 

the contractor’s responsibility. 

(b) Medical and dental evaluations. 

(1) All CAAF deploying in support of an 

applicable operation must be medically, 

dentally, and psychologically fit for 

deployment pursuant to paragraph (kk) 

of appendix A to this part and CCDR 

guidance. 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, contractors will employ 

medically, dentally, and psychologically 

fit contractor personnel to perform 

contractual duties. 

(2) All CAAF must undergo a medical 

and dental assessment within 12 

months before arrival at the designated 

deployment center or U.S. Governmentauthorized contractor-performed 

deployment processing facility. This 

assessment, conducted by the 

contractor’s medical health provider, 

should emphasize diagnosing system 

disease conditions (e.g., cardiovascular, 

pulmonary, orthopedic, neurologic, 

endocrinologic, dermatologic, 

psychological, visual, auditory, dental) 

that may preclude the CAAF from 

performing the functional requirements 

of the contract, especially in the austere 

work environments encountered in 

some applicable operations. 

(3) CAAF will receive a health threat 

and countermeasures briefing from the 

applicable Military Service before 

deployment to the operational area. For 

more information, see paragraph (bb) of 

appendix A to this part. 

(4) In general, CAAF who have any of 

the medical conditions listed in 

paragraph (j) of this section should not 

be deployed. 

(5) Individuals who are deemed ‘‘not 

medically fit’’ at the deployment center 

or at any period during the deployment 

process based upon an individual 

assessment by a licensed medical 

provider, or who require extensive 

preventive dental care (see paragraph 

(j)(2)(xxv) of this section), are not 

authorized to deploy. 

(6) Non-CAAF shall be medically 

screened by a U.S. Government designee 

when required by the requiring activity 

and the contract, for the class of labor 

under consideration (e.g., LNs working 

in a dining facility). 

(7) Contracts will require contractors 

to replace individuals who develop 

conditions that cause them to become 

medically unqualified to perform 

contractual requirements at any time 

during contract performance. 

(8) Contracts must require that CAAF 

complete a post-deployment health 

assessment in the Defense Medical 

Surveillance System at the end of their 

deployment or within 30 days of 

redeployment. For more information, 

see paragraph (bb) of appendix A to this 

part. 

(c) Glasses and contact lenses. (1) If 

contractor personnel require vision 

correction, they must have two pairs of 

glasses, and if applicable, eyeglass 

inserts for a chemical protective mask. 

The contractor personnel may also 

provide a written prescription to the 

supporting military medical component 

in order to prepare eyeglass inserts for 

use in a compatible chemical protective 

mask. If the type of protective mask to 

be issued is known and time permits, 

the military medical component should 

attempt to complete the preparation of 

eyeglass inserts before deployment. 

(2) Wearing contact lenses in a field 

environment is not recommended and is 

at the contractor personnel’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 those 

force health protection prescription 

products provided by the U.S. 


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Government to CAAF and selected nonCAAF, contracts must require that 

contractor personnel deploy with a 

minimum 90-day supply of any required 

medications obtained at their own 

expense. For more information, see 

paragraph (bb) of appendix A to this 

part. 

(1) Contractor personnel must know 

that deployed medical units are 

equipped and staffed to provide 

emergency care to healthy adults and 

are unable to provide or replace many 

medications required for routine 

treatment of chronic medical 

conditions, such as high blood pressure, 

heart conditions, and arthritis. 

(2) The contract must 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 must also hold the 

contractor personnel responsible for the 

re-supply of required medications. 

(e) Comfort items. The contract must 

require that contractor personnel take 

spare hearing-aid batteries, sunglasses, 

insect repellent, sunscreen, and any 

other supplies related to their 

individual physical requirements. DoD 

sources will not provide these items. 

(f) Immunizations. A list of 

immunizations, both those required for 

entry into the designated area of 

operations and those recommended by 

medical authorities, will be produced by 

the cognizant medical authority for each 

deployment; posted to the GCC OCS 

web page and DoD FCG; and 

incorporated in contracts for 

performance in the designated AOR. 

(1) The GCC, upon the 

recommendation of the cognizant 

medical authority, will provide 

contractor personnel who are deploying 

to the applicable theater of operation 

guidance and a list of immunizations 

required to protect against 

communicable diseases assessed to be a 

potential hazard to their health. The 

cognizant medical authority will 

prepare and maintain this list. 

(2) The contract must require that 

CAAF be immunized appropriately 

before completing the pre-deployment 

process. 

(3) During pre-deployment 

processing, the DoD will provide 

contractor personnel, at no cost to the 

contractor, any theater-specific 

immunizations and medications not 

available to the general public. 

Contractor personnel must obtain all 

other immunizations before arrival at 

the deployment center, documented on 

the International Certificate of 

Vaccinations of Prophylaxis as 

approved by the World Health 

Organization or the Department of 

Health and Human Services Centers for 

Disease Control and Prevention Form 

731. However, the contract must 

stipulate that CAAF and selected nonCAAF obtain all other necessary 

immunizations before their arrival at the 

deployment center. The TB skin test is 

required for all contractor personnel 

within three months before they are 

deployed. 

(4) The DoD will provide theaterspecific medical supplies and force 

health protection prescription products 

to CAAF and selected non-CAAF. 

Additionally, these personnel will 

receive deployment medication 

information sheets for all vaccines or 

deployment-related medications that are 

to be dispensed or administered. 

(5) Contractors will ensure that 

individuals with a positive TB skin test 

be evaluated for targeted diagnosis and 

treatment of latent TB infection in 

accordance with the procedures 

outlined in the World Health 

Organization Guidelines on the 

Management of Latent Tuberculosis 

Infection. 

(6) The contract must stipulate that 

CAAF and selected non-CAAF bring a 

current copy of the International 

Certificate of Vaccination or Prophylaxis 

to the pre-deployment processing center 

and to the operational area. 

(g) Human Immunodeficiency Virus 

(HIV) Testing. HIV testing is not 

mandatory for contractor personnel 

unless specified by the GCC CCDR or by 

host nation requirements. HIV testing, if 

required, must occur within one year 

before deployment. 

(h) Armed Forces Repository of 

Specimen Samples for the Identification 

of Remains (AFRSSIR). For 

identification of remains purposes, 

contractors whose CAAF members are 

U.S. citizens will obtain a dental 

panograph and will forward a specimen 

sample suitable for DNA analysis to, 

and ensure it is on file with, the 

AFRSSIR before or during deployment 

processing and recorded in SPOT–ES. 

The DoD Components must ensure that 

all contracts require CAAF who are U.S. 

citizens to provide DNA specimen 

samples for AFRSSIR as a condition of 

deployment. For more information, see 

paragraph (ll) of appendix A to this part. 

(1) All CAAF who are U.S. citizens 

processing through a deployment center 

will have a DNA specimen sample 

collected and forwarded to the AFRSSIR 

for storage. Contracts must require 

contractors to verify in SPOT–ES or its 

successor that AFRSSIR has received 

the DNA specimen sample or that the 

contractor has collected the DNA 

specimen sample. 

(2) If CAAF who are U.S. citizens do 

not process through a deployment 

center, or the contractor is authorized to 

process its own personnel, the contract 

must require that the contractor collect 

and forward DNA specimen samples for 

all contractor personnel who are 

deployed as CAAF to the AFRSSIR. 

Regardless of what specimen collection 

and storage arrangements are made, all 

contractors deploying CAAF who are 

U.S. citizens must provide the CAAF’s 

name and Social Security number, 

location of the DNA specimen sample, 

facility contact information, and 

retrieval plan to AFRSSIR. If the 

AFRSSIR is not used and a CAAF who 

is a U.S. citizen becomes a casualty, the 

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 or victims. These records must be 

retrievable within 24 hours for 

forwarding to the AFME when there is 

a reported incident that would 

necessitate their use for identifying 

human remains. The contractor shall 

have access to the location of its 

employees’ fingerprint, medical, and 

dental records, including panographs. 

(3) AFRSSIR is responsible for 

implementing special rules and 

procedures to ensure the protection of 

privacy interests in regards to the 

specimen samples and any DNA 

analysis of those samples. Specimen 

samples shall only be used for the 

purposes outlined in paragraph (ll) of 

appendix A to this part. 

(i) Pre-existing medical conditions. 

All evaluations of pre-existing medical 

conditions should occur before 

contractor personnel deploy. Personnel 

who have pre-existing medical 

conditions may deploy if: 

(1) The condition is not of such a 

nature it is likely to have a medically 

grave outcome or a negative impact on 

mission execution if it unexpectedly 

worsens. 

(2) The condition is stable and 

reasonably anticipated by the predeployment medical evaluator not to 

worsen during the deployment under 

contractor-provided medical care intheater 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 contractor personnel, 

independent of the military health 

system, and not be subject to special 


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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. 

(4) The condition does not and is not 

anticipated to require duty limitations 

that would preclude performance of 

contractual requirements or to require 

accommodation by the DoD component 

or requiring activity. When necessary, 

the cognizant medical authority (or 

delegated representative) is the 

appropriate authority to evaluate the 

suitability of an individual’s limitations 

in theater. 

(5) There is no need for routine outof-theater evacuation for continuing 

diagnostics or other evaluations. 

(j) Conditions usually precluding 

medical clearance. This section is not 

intended to be comprehensive. A list of 

all possible diagnoses, including 

relevant severity levels that should 

preclude approval by the cognizant 

medical authority or designee would be 

too expansive to list in this part. These 

are minimum requirements. Contractor 

personnel may have additional medical 

clearance requirements based on their 

occupation and local laws. It is the 

responsibility of the contractor to ensure 

that its employees’ medical clearances 

comply with any applicable local 

occupation-specific medical 

requirements. 

(1) In general, individuals with the 

conditions in paragraph (b) of § 158.7, 

based on an individual assessment 

pursuant to paragraph (bb) of appendix 

A to this part, will not normally be 

approved for deployment to provide 

contractual support in applicable 

operations. The medical evaluator must 

carefully consider whether climate; 

altitude; the nature of available food and 

housing available; the nature of medical, 

behavioral health, and dental services; 

or other environmental or operational 

factors may prove hazardous to the 

deploying person’s heath 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 by the 

contracting officer only after 

consultation with the appropriate 

cognizant medical authority or a 

designated representative. The 

cognizant medical authority makes 

recommendations and serves as the 

GCC’s advisor on conditions precluding 

the medial clearance of deploying 

personnel; however, the geographic 

CCDR is the final approval or 

disapproval authority except as 

provided in paragraph (k)(3) of this 

section. The cognizant medical 

authority or designated representative 

may determine if adequate treatment 

facilities and specialist support are 

available at the duty station for: 

(i) Physical or psychological 

conditions resulting in the inability to 

wear IPE effectively, if wearing IPE may 

be reasonably anticipated or required in 

the deployed location. 

(ii) Conditions that prohibit 

immunizations or use of force health 

protection prescription products 

required for the specific deployment. 

Depending on the applicable threat 

assessment, required force health 

protection prescription products, 

vaccines, and countermeasures may 

include atropine, epinephrine, and/or 2- 

pam chloride auto-injectors, certain 

antimicrobials, antimalarials, and/or 

pyridostigmine bromide. 

(iii) Any chronic medical conditions 

that require frequent clinical visits, fail 

to respond to adequate conservative 

treatment, or necessitate significant 

limitation of physical activity. 

(iv) Any medical conditions that 

require durable medical equipment or 

appliances or periodic evaluation or 

treatment by medical specialists not 

readily available in theater (e.g., 

Continuous Positive Airway Pressure 

(CPAP) machine for sleep apnea). 

(v) Any unresolved acute or chronic 

illness or injuries that would impair 

duty performance in a deployed 

environment during the duration of the 

deployment. 

(vi) Active TB 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) Cancers for which individuals 

are receiving continuing treatment or 

that require periodic specialty medical 

evaluations during the anticipated 

duration of the deployment. 

(xiii) Precancerous lesions that have 

not been treated or evaluated and that 

require treatment or evaluation during 

the anticipated duration of the 

deployment. 

(xiv) Any medical conditions that 

require 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 two 

times in the last 12 months, or that 

requires daily systemic oral or injectable 

steroids. 

(xvi) Any musculoskeletal conditions 

that significantly impair performance of 

duties in a deployed environment. 

(xvii) HIV antibody positive with the 

presence of progressive clinical illness 

or immunological deficiencies. The 

contracting officer should consult the 

cognizant medical authority 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. 

(xix) Loss of vision. Best corrected 

visual acuity must meet job 

requirements to perform duties safely. 

(xx) Symptomatic coronary artery 

disease. 

(xxi) History of myocardial infarction 

within one year of deployment. 

(xxii) History of coronary artery 

bypass graft, coronary artery 

angioplasty, carotid endarterectomy, 

other arterial stenting, or aneurysm 

repair within one year of deployment. 

(xxiii) Cardiac dysrhythmias or 

arrhythmias, either symptomatic or 

requiring medical or electrophysiologic 

control, such as the 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. 

(xxvi) Psychotic and/or bipolar 

disorders. For detailed guidance on 

deployment-limiting psychiatric 

conditions or psychotropic medications, 

see paragraph (mm) of appendix A to 

this part. 

(xxvii) Psychiatric disorders under 

treatment with fewer than three months 

of demonstrated stability. 

(xxviii) Clinical psychiatric disorders 

with residual symptoms that impair 

duty performance. 

(xxix) Mental health conditions that 

pose a substantial risk for deterioration 


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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 with one of the 

conditions listed in paragraphs (j)(2)(i) 

through (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 to the CCDR for 

approval. 

(1) It is unlikely that the CCDR will 

grant waivers for contractor personnel. 

Thus, the contractor must provide an 

explanation as to why it has no other 

qualified employees available who meet 

the medical standards to fulfill the 

deployed duties. Contractors will 

include a summary of a detailed 

medical evaluation or consultation 

concerning the medical condition or 

conditions in the requests for waivers. 

Since maximization of mission 

accomplishment and the protection of 

the health of personnel are the ultimate 

goals, justification for the waiver will 

include: 

(i) Statement indicating the CAAF 

individual’s experience. 

(ii) The position the CAAF individual 

will occupy and the nature and scope of 

contractual duties assigned. 

(iii) Any known specific hazards of 

the position. 

(iv) Anticipated availability and need 

for care while deployed. 

(v) 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 (xxx) of this section must have 

the concurrence of the cognizant 

medical authority, or designee, who will 

recommend approval or disapproval to 

the GCC. The GCC, or 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 (xxx) of this 

section, medical clearance may be 

granted by the contracting officer after 

consultation with the appropriate 

Theater Special Operations Command 

(TSOC) surgeon. The TSOC surgeon, in 

coordination with the CCMD cognizant 

medical authority 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. 

Appendix A to Part 158—Related 

Policies 

The Operational Contract Support Outside 

the United States Program is supported by 

the following policies: 

(a) DoD Directive 5124.02, ‘‘Under 

Secretary of Defense for Personnel and 

Readiness (USD(P&R))’’ (available at https:// 

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodd/512402p.pdf). 

(b) DoD Instruction 1100.22, ‘‘Policy and 

Procedures for Determining Workforce Mix’’ 

(available at https://www.esd.whs.mil/ 

Portals/54/Documents/DD/issuances/dodi/ 

110022p.pdf). 

(c) DoD Directive 1000.20, ‘‘Active Duty 

Service Determinations for Civilian or 

Contractual Groups’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodd/100020p.pdf). 

(d) DoD Instruction, ‘‘Combating 

Trafficking in Persons (CTIP)’’ (available at 

https://www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodi/ 

220001p.pdf). 

(e) DoD Law of War Manual (June 2015, 

Updated Dec. 2016) (available at https://

ogc.osd.mil/images/law_war_manual_

december_16.pdf). 

(f) DoD Instruction 1000.01, ‘‘Identification 

(ID) Cards Required by the Geneva 

Conventions’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodi/100001p.pdf). 

(g) DoD Instruction 1000.13, ‘‘Identification 

(ID) Cards for Members of the Uniformed 

Services, Their Dependents, and Other 

Eligible Individuals’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodi/100013p.pdf). 

(h) DoD Manual 1000.13, ‘‘DoD 

Identification (ID) Cards: ID Card Life-Cycle’’ 

Volume 1 (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodm/100013_vol1.pdf). 

(i) DoD Manual 1000.13, ‘‘DoD 

Identification (ID) Cards: ID Card Life-Cycle’’, 

Volume 2 (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodm/100013_vol2.pdf). 

(j) DoD Directive 1300.22, ‘‘Mortuary 

Affairs Policy’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodd/130022p.pdf). 

(k) DoD Instruction 1300.18, ‘‘Department 

of Defense (DoD) Personnel Casualty Matters, 

Policies, and Procedures’’ (available at 

https://www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodi/ 

130018p.pdf). 

(l) DoD Instruction 4515.13, ‘‘Air 

Transportation Eligibility’’ (available at 

https://www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodi/ 

451513p.PDF). 

(m) DoD Instruction 6200.03, ‘‘Public 

Health Emergency Management (PHEM) 

within the DoD’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodi/620003p.pdf). 

(n) DoD Instruction 6000.11, ‘‘Patient 

Movement (PM)’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodi/600011p.pdf). 

(o) DoD 4525.6–M, ‘‘Department of Defense 

Postal Manual’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodm/452506m.pdf). 

(p) DoD Instruction 1015.10, ‘‘Military 

Morale, Welfare, and Recreation (MWR) 

Programs’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodi/101510p.pdf). 

(q) DoD Directive 1330.21, ‘‘Armed 

Services Exchange Regulations’’ (available at 

https://www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodi/ 

133021p.pdf). 

(r) DoD Directive 5160.41E, ‘‘Defense 

Language, Regional Expertise, and Culture 

(LREC) Program’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodd/516041Ep.pdf). 

(s) Synchronized Predeployment and 

Operational Tracker (SPOT) Business Rules 

(available at https://www.acq.osd.mil/LOG/ 

PS/spot.html). 

(t) DoD 5400.11–R, ‘‘Department of Defense 

Privacy Program’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodm/540011r.pdf). 

(u) DoD Manual 6025.18, ‘‘Implementation 

of the Health Insurance Portability and 

Accountability Act (HIPPA) Privacy Rule in 

DoD Health Care Programs’’ (available at 

https://www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodm/ 

602518m.pdf). 

(v) DoD Directive 8000.01, ‘‘Management of 

the Department of Defense Information 

Enterprise (DoD IE)’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodd/800001p.pdf). 

(w) DoD Instruction 8320.02, ‘‘Sharing 

Data, Information, and Information 

Technology (IT) Services in the Department 

of Defense’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodi/832002p.pdf). 

(x) DoD Instruction 8330.01, 

‘‘Interoperability of Information Technology 

(IT), Including National Security Systems 

(NSS)’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodi/833001p.pdf). 

(y) DoD Instruction 8500.01, 

‘‘Cybersecurity’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodi/850001_2014.pdf). 

(z) DoD Directive 4500.54E, ‘‘DoD Foreign 

Clearance Program (FCP)’’ (available at 

https://www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodd/ 

450054E.pdf). 

(aa) DoD Directive 6485.02E, ‘‘DoD Human 

Immunodeficiency Virus (HIV)/Acquired 

Immune Deficiency Syndrome (AIDS) 

Prevention Program (DHAPP) to Support 

Foreign Militaries’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodd/648502E.pdf). 

(bb) DoD Instruction 6490.03, ‘‘Deployment 

Health’’ (available at https:// 


jbell on DSKJLSW7X2PROD with PROPOSALS
1080 Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Proposed Rules 

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodi/649003p.pdf). 

(cc) DoD Directive 6490.02E, 

‘‘Comprehensive Health Surveillance’’ 

(available at https://www.esd.whs.mil/ 

Portals/54/Documents/DD/issuances/dodd/ 

649002Ep.pdf). 

(dd) CJCS Instruction 3500.01H, ‘‘Joint 

Training Policy for the Armed Forces of the 

United States’’ (available at https://

www.jcs.mil/Portals/36/Documents/Library/ 

Instructions/3500_01.pdf). 

(ee) DoD Instruction 2000.12, ‘‘DoD 

Antiterrorism (AT) Program’’ (available at 

https://www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodi/ 

200012p.pdf). 

(ff) DoD Directive 2310.01, ‘‘DoD Detainee 

Program’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodd/231001e.pdf). 

(gg) DoD Directive 2311.01, ‘‘DoD Law of 

War Program’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodd/231101e.pdf). 

(hh) DoD Directive 3115.09, ‘‘DoD 

Intelligence Interrogations, Detainee 

Debriefings, and Tactical Questioning’’ 

(available at https://www.esd.whs.mil/ 

Portals/54/Documents/DD/issuances/dodd/ 

311509p.pdf). 

(ii) DoDD 3002.01, ‘‘Personnel Recovery in 

the Department of Defense’’ (available at 

https://www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodd/ 

300201p.pdf). 

(jj) DoD Instruction 3002.03, ‘‘DoD 

Personnel Recovery—Reintegration of 

Recovered Personnel’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodi/300203p.pdf). 

(kk) DoD Directive 6200.04, ‘‘Force Health 

Protection (FHP)’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodd/620004p.pdf). 

(ll) DoD Instruction 5154.30, ‘‘Armed 

Forces Medical Examiner System (AFMES) 

Operations’’ (available at https://

www.esd.whs.mil/Portals/54/Documents/DD/ 

issuances/dodi/515430p.pdf). 

(mm) Assistant Secretary of Defense for 

Health Affairs Memorandum, ‘‘Policy 

Guidance for Deployment-Limiting 

Psychiatric Conditions and Medications,’’ 

November 7, 2006 (available at http://

www.ha.osd.mil/policies/2006/061107_

deployment-limiting_psych_conditions_

meds.pdf). 

Dated: October 30, 2020. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2020–27694 Filed 1–6–21; 8:45 am] 

BILLING CODE 5001–06–P 

POSTAL SERVICE 

39 CFR Part 111 

Extra Services Refund Time Limit 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule; revision; 

additional comment period. 

SUMMARY: The Postal Service is revising 

its pending proposal to amend Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual (DMM®) 

in subsection 604.9.2 to revise the time 

limit for extra service refunds. 

DATES: Submit comments on or before 

February 8, 2021. 

ADDRESSES: Mail or deliver written 

comments to the manager, Product 

Classification, U.S. Postal Service, 475 

L’Enfant Plaza SW, Room 4446, 

Washington, DC 20260–5015. If sending 

comments by email, include the name 

and address of the commenter and send 

to PC Federal Register@usps.gov, with a 

subject line of ‘‘Extra Services Refund 

Time Limit’’. Faxed comments are not 

accepted. 

Confidentiality 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

inappropriate for public disclosure. 

You may inspect and photocopy all 

written comments, by appointment 

only, at USPS® Headquarters Library, 

475 L’Enfant Plaza SW, 11th Floor 

North, Washington, DC 20260. These 

records are available for review on 

Monday through Friday, 9 a.m.–4 p.m., 

by calling 202–268–2906. 

FOR FURTHER INFORMATION CONTACT: 

Sheila Marano at (202) 268–4257, 

Adaisja Johnson at (202) 268–6724, or 

Garry Rodriguez at (202) 268–7281. 

SUPPLEMENTARY INFORMATION: On May 

14, 2020, the Postal Service published a 

notice of proposed rulemaking (85 FR 

28917–28918) to revise the time limit 

for extra service refunds on all classes 

of mail except Priority Mail Express®. 

The Postal Service has elected to issue 

a second revised proposed rule that also 

includes revising the timelines for 

Priority Mail Express® with an extra 

service. 

Currently, DMM Exhibit 604.9.2.1, 

Postage and Fees Refunds, provides that 

for Priority Mail Express with an extra 

service a customer must apply for an 

extra service refund no sooner than 10 

days, or no later than 30 days, and for 

all other classes of mail with an extra 

service a customer must apply for an 

extra service refund no sooner than 10 

days, or no later than 60 days, from the 

date the service was purchased. 

Certain extra services (e.g., Certified 

Mail®) have workflow timelines that 

extend beyond the current 10-day limit 

to initially file for a refund. As a result, 

to meet the required workflow timelines 

for these extra services, and for 

consistency in application of the refund 

processes, the Postal Service is 

proposing to extend the current Priority 

Mail Express with an extra service 

timelines to no sooner than 30 days, or 

no later than 60 days. For all other 

classes of mail with an extra service, the 

10-day time limit will be extended to a 

30-day time limit before a customer can 

file for a refund. 

We believe this proposed revision 

will provide customers with a more 

efficient process and a more consistent 

customer experience. 

Although exempt from the notice and 

comment requirements of the 

Administrative Procedure Act (5 U.S.C. 

553(b), (c)) regarding proposed 

rulemaking by 39 U.S.C. 410(a), the 

Postal Service invites public comments 

on the following proposed revisions to 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), incorporated by reference in the 

Code of Federal Regulations. See 39 CFR 

111.1. 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Accordingly, 39 CFR part 111 is 

proposed to be amended as follows: 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

PART 111—GENERAL INFORMATION 

ON POSTAL SERVICE 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

604 Postage Payment Methods and 

Refunds 

* * * * * 

9.0 Exchanges and Refunds 

* * * * * 

9.2 Postage and Fee Refunds 

* * * * * 


jbell on DSKJLSW7X2PROD with PROPOSALS