Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 30469 

essentially meaningless set of words and 

phrases, or even sentences which taken 

separately or together have minimal or 

no information content. 

(c) If information is withheld in whole 

or part, DLA will provide in a response 

letter the exemption under which the 

withholding is made, a description of 

the type of information redacted, the 

name and title or position of the IDA 

and the administrative appeal rights. 

When information is withheld in full, 

DLA will provide an estimate of the 

volume withheld. This estimate should 

be in number of pages or in some other 

reasonable form of estimation. When 

information is withheld in part, DLA 

will show the redacted amount of 

information and the exemption under 

which the redaction is made on the 

released portion of the record, unless 

including that indication would harm 

an interest protected by the exemption 

under which the redaction is made. 

§ 300.9 Appeals. 

When an IDA makes an adverse 

determination (see § 300.3(b)) the 

requester may appeal that decision in 

writing to the designated appellate 

authority (see § 300.3(a)). An appeal 

must be made in writing to DLA’s 

Appellate Authority and must be 

postmarked within the appeal time 

limits of the DoD FOIA Program 

Regulation at 32 CFR 286.24. The appeal 

should be accompanied by copies of the 

initial request and the denial letter. 

§ 300.10 Judicial actions. 

DLA adopts the DoD FOIA Program 

regulations codified at 32 CFR part 286, 

subpart E, Release and Processing 

Procedures. 

Subpart D—Fees and Fee Waivers 

§ 300.11 General. 

DLA adopts the rules and rates 

published in 32 CFR part 286, subpart 

F, Fee Schedule. In addition, DLA 

considers fees charged by a Federal 

Records Center to retrieve and re-file 

records a part of the direct costs charged 

to requesters. 

APPENDIX A TO PART 300—GAINING 

ACCESS TO DLA RECORDS 

(a) General. (1) The Defense Logistics 

Agency, established pursuant to authority 

vested in the Secretary of Defense, is an 

agency of DoD under the direction, authority, 

and control of the Assistant Secretary of 

Defense for Logistics and Materiel Readiness, 

and is subject to DoD policies, directives, and 

instructions. 

(2) DLA is comprised of several 

Components and each DLA Component is 

responsible for maintaining its own records; 

therefore, FOIA requests should be addressed 

to the FOIA Requester Service Center that has 

custody of the record sought. (See paragraph 

(c) of this appendix.) DLA FOIA Officers will 

assist requesters in determining the correct 

DLA Requester Service Center to address 

requests. (See paragraph (c) of this appendix 

and DLA’s public Web site at www.dla.mil.) 

(3) On DLA’s public Web site is an index 

to assist in locating DLA records by category, 

organization, keyword search, or by contract 

prefix. The index is titled ‘‘Index of 

Information at DLA FOIA Service Centers’’ at 

www.dla.mil/FOIA-Privacy/servindex/pages/

category.aspx. 

(b) Requester Requirements. (1) Requesters 

are responsible for submitting a perfected 

request as defined in § 300.3(m), FOIA 

Request. 

(2) Addressing Requests. Address requests 

to DLA’s FOIA Requester Service Center most 

likely to hold the records (see paragraph (c) 

of this appendix for the contact information 

of DLA FOIA Requester Service Centers 

designated to receive FOIA requests). If 

DLA’s FOIA Requester Service Center is 

undeterminable, address requests to DLA 

Headquarters FOIA Requester Service Center 

for proper routing. 

(3) Availability of DLA Publications. Many 

unrestricted DLA regulations, manuals, and 

handbooks are available online. Visit DLA’s 

FOIA/Privacy Web site for more information 

at http://www.dla.mil/foia-privacy/. 

(c) Locations of DLA FOIA Requester 

Service Centers. Refer to the FOIA/Privacy 

Web page at http://www.dla.mil/FOIAPrivacy/pages/foiapocs.aspx for current 

points of contact at each of the DLA’s FOIA 

Requester Service Centers. 

(1) Defense Logistics Agency Headquarters, 

ATTN: DGA, 8725 John J. Kingman Rd., Ste 

1644, Fort Belvoir, VA 22060–6221, Fax: 

703–767–6091, Email: hq-foia@dla.mil— 

Responsible for broad functional areas, such 

as Office of the Director, General Counsel, 

Small Business Programs, DLA Office of 

Inspector General, Legislative Affairs, Equal 

Employment Opportunity Office, Installation 

Support, Human Resources, Logistics 

Operations, Information Operations, 

Acquisition, and Financial Operations. This 

FOIA Requester Service Center also processes 

FOIA requests for the following locations: 

(i) DLA Transaction Service, WrightPatterson AFB, Ohio—Editing/routing of 

logistics transactions, network 

interoperability and eBusiness services. 

(ii) DLA Strategic Materials, Fort Belvoir, 

Va.—Manages the strategic and critical raw 

material stockpile that supports national 

defense needs. 

(iii) DLA Europe & Africa, Kaiserslautern, 

Germany—Focal point for U.S. European 

Command’s and U.S. Africa Command’s 

theater of operations. 

(iv) DLA Pacific, Camp Smith, Hawaii— 

Focal point for U.S. Pacific Command’s 

theater of operations. 

(v) DLA Central, MacDill AFB, Fla.—Focal 

point for U.S. Central Command’s theater of 

operations. 

(2) DLA Energy, 8725 John J. Kingman Rd., 

Ste 3729, Fort Belvoir, VA 22060–6222, Fax: 

703–767–5022, Email: dlaenergy.efoia@

dla.mil—Fuel, energy support and services, 

and bulk petroleum. 

(3) DLA Land and Maritime, ATTN: GC, 

3990 E. Broad Street, Columbus, OH 43218– 

3990, Fax: 614–692–4385, Email: dscc.efoia@

dla.mil—Maritime and land weapons system 

supply chains. 

(4) DLA Aviation, 8000 Jefferson Davis 

Highway, Richmond, VA 23297–5000, Fax: 

804–279–4137, Email: foia.dscr@dla.mil— 

Aviation supply chain. 

(5) DLA Troop Support, 700 Robbins 

Avenue, Bldg 36, Philadelphia, PA 19111– 

5096, Fax: 215–737–2151, Email: 

DLATroopSupportFOIAerequest@dla.mil— 

Subsistence, clothing, and textiles, medical, 

and construction and equipment supply 

chains. 

(6) DLA Distribution, ATTN: DDC–GC, 

Mission Drive, Bldg 81, New Cumberland, 

PA 17070–5000, Fax: 717–770–5685, Email: 

ddc-efoia@dla.mil—Worldwide network of 

25 distribution depots and nine map support 

offices. 

(7) DLA Disposition Services and DLA 

Logistics Information Service, 74 Washington 

Avenue North, Battle Creek, MI 49017–3084, 

Fax: 269–961–4534, Email: drmsefoia@

dla.mil. 

(i) Disposition Services: Reutilization, 

transfer, demilitarization, and environmental 

disposal and reuse. 

(ii) Logistics Information Service: Manages 

a wide range of logistics information and 

identification systems. 

(8) DLA Document Services, 5450 Carlisle 

Pike, Bldg 9, P.O. Box 2020, Mechanicsburg, 

PA 17055–0788, Fax: 717–605–3999, Email: 

foia.docsvcs@dla.mil—Automated document 

production, printing services, digital 

conversion and document storage. 

Dated: May 21, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–12099 Filed 5–27–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 225, 237, 242, and 

252 

RIN 0750–AI01 

Defense Federal Acquisition 

Regulation Supplement: Contractor 

Personnel Supporting U.S. Armed 

Forces Deployed Outside the United 

States (DFARS Case 2013–D015) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to align it with revisions to the 

DoD Instruction on operational contract 

support. 

DATES: Effective May 28, 2014. 

mstockstill on DSK4VPTVN1PROD with RULES

30470 Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 78 FR 65244 on 

October 31, 2013, to revise and update 

the prescription and the clause at 

DFARS 252.225–7040, previously titled 

‘‘Contractor Personnel Authorized to 

Accompany U.S. Armed Forces 

Deployed Outside the United States,’’ to 

align it with the changes in 

applicability, terminology, and other 

revisions made by Department of 

Defense Instruction (DoDI) 3020.41, 

entitled ‘‘Operational Contract Support 

(OCS).’’ 

II. Discussion and Analysis 

A. Public Comment 

One respondent submitted a public 

comment in response to the proposed 

rule, which was considered in 

development of the final rule. 

Comment: The respondent requested 

a change to the DFARS clause 252.225– 

7040 to include provisions clearly 

stating that contractors may withdraw 

from contingency operations without 

the threat of termination for default 

when security conditions dictate 

withdrawal as a prudent course of 

action. The respondent also 

recommended a consultation process 

with the local commander or 

contracting officer’s representative to 

discuss security situations and 

appropriate remedies for contractors. 

Response: In response to the public 

comment, DFARS 252.225–7040, 

paragraph (h)(2) is revised in the final 

rule to provide that with the appropriate 

approvals, even mission-essential 

personnel may be withdrawn due to 

security considerations. 

B. Other Changes 

Beyond the changes initially 

proposed, the clause at 252.225–7040 

has been modified as a result of internal 

comments, as follows: 

• Based on feedback from in-theater, 

paragraph (c)(1)(ii) no longer includes 

the statement that the Contracting 

Officer will specify in the contract the 

level of protection to be provided to 

Contractor personnel. This is not 

feasible due to constant fluctuation in 

the circumstances in theater. It is 

necessary to recognize the reality in 

theater that changing conditions cannot 

always be foreseen. The clause still 

retains the commitment in paragraph 

(c)(1) that the Combatant Commander 

will develop a security plan for 

protection of Contractor personnel in 

locations where there is not sufficient or 

legitimate civil authority and the 

Combatant Commander decides it is in 

the interest of the Government to 

provide security through military 

means. However, the level of protection 

that will be necessary or appropriate 

cannot be specified in the contract in 

advance. Moreover, taken in 

conjunction with the change regarding 

withdrawal of mission-essential 

personnel, the contractor personnel may 

be authorized to leave the area if the 

Combatant Commander is not in a 

position to provide adequate security. 

• Paragraph (b)(1) emphasizes that 

the clause applies to both contractors 

authorized to accompany the Force 

(CAAF) and non-CAAF. The proposed 

rule included the proposed change of 

applying the clause to non-CAAF as 

well as CAAF. This change in paragraph 

(b)(1) just adds ‘‘to both CAAF and nonCAAF’’ for emphasis. It is necessary to 

make this point clearly, because this 

was one of the most fundamental 

changes proposed, the basis for 

changing the title of the clause from 

‘‘Contractor Personnel Authorized to 

Accompany U.S. Armed Forces . . .’’ to 

‘‘Contractor Personnel Supporting U.S. 

Armed Forces . . .’’ 

• Paragraph (b)(3) replaces the phrase 

‘‘individual defense’’ with ‘‘individual 

self-defense.’’ Likewise, at paragraph 

(j)(1), the phrase ‘‘personal protection’’ 

has been revised to ‘‘individual selfdefense,’’ for consistency with the 

wording of the DoDI 3020.41. 

• Paragraph (c)(3) now requires that 

Contractor personnel who are issued a 

letter of authorization must carry it with 

them at all times while deployed. This 

change is a relatively minor 

requirement, consistent with the DoDI 

3020.41. Paragraph (d)(1)(iii) of the 

clause already requires that the 

Contractor shall ensure that its 

personnel comply with all applicable 

United States regulations, directives, 

instructions, policies, and procedures. 

• Paragraph (e) has been re-titled 

‘‘Preliminary personnel requirements’’ 

rather than ‘‘Pre-deployment 

requirements,’’ because some of the 

requirements relate to non-CAAF, who 

do not deploy. This is just a semantic 

correction. 

• Paragraph (e)(1)(iii) no longer 

contains the requirement for Contractor 

personnel to return all U.S.-Government 

issued identification at the end of their 

deployment. This requirement has been 

relocated to paragraph (h)(4), because 

the requirement is not a preliminary 

personnel requirement. 

• Paragraph (j)(2) clarifies that if 

contractor personnel are authorized to 

carry weapons in accordance with 

paragraph (j)(1) of the clause, the 

contracting officer will notify the 

contractor what weapons and 

ammunition are authorized. This change 

removes some inconsistent statements 

and re-enforces the overarching policy 

currently stated in paragraph (j)(1), that 

it is the Combatant Commander who 

authorizes the carrying of weapons for 

individual self-defense, in accordance 

with DoDI 3020.41. The Combatant 

Commander determines whether to 

authorize in-theater Contractor 

personnel to carry weapons, and what 

weapons and ammunition will be 

allowed. It is not the contracting officer 

that authorizes the carrying of weapons, 

‘‘subject to the approval of the 

Combatant Commander.’’ Rather the 

contracting officer passes along to the 

contractor the authorization of the 

Combatant Commander. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., and is summarized as follows. 

This rule updates the clause and 

prescription for DFARS 252.225–7040, 

Contractor Personnel Supporting U.S. 

Armed Forces Deployed Outside the 

United States, to align the DFARS with 

the changes in applicability, 

terminology, and other revisions made 

by Department of Defense Instruction 

(DoDI) 3020.41, entitled ‘‘Operational 

Contract Support (OCS).’’ 

DoDI 3020.41 was revised and 

reissued in December 2011. The DoDI 

‘‘establishes policy, assigns 

responsibilities, and provides 

procedures for OCS, including OCS 

program management, contract support 

integration, and integration of defense 

contractor personnel into contingency 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 30471 

operations outside the United States 

. . .’’ (DoDI 3020.41, section 1.a.). 

There were no significant issues 

raised by the public comments in 

response to the initial regulatory 

flexibility analysis. The Chief Counsel 

for Advocacy of the Small Business 

Administration did not file any 

comments in response to the rule. 

The final rule will impact small 

businesses with personnel who provide 

direct support to U.S. Armed Forces 

personnel deployed outside the United 

States. Given the concerted effort by the 

U.S. to procure products and services 

from local vendors (see, e.g., sections 

841 and 842 of the National Defense 

Authorization Act for Fiscal Year 2013, 

entitled Extension and Expansion of 

Authority to Acquire Products and 

Services Produced in Countries Along a 

Major Route of Supply to Afghanistan), 

the impact on U.S. small businesses 

should be minimal. In its Paperwork 

Reduction Act estimate for SPOT, DoD 

estimated that up to 1,300 companies 

ultimately could be supporting U.S. 

armed forces deployed outside the 

United States. Approximately 20 

percent of these companies are non-U.S. 

firms (and therefore are not categorized 

as either small or large), and 

approximately 20 percent of the U.S. 

companies are small businesses, i.e. 

approximately 200 small businesses. 

This rule does not impose any new 

reporting, recordkeeping, or other 

compliance requirements. The 

requirement to use the SPOT database is 

not new to this case. It has been in place 

for several years and is applied to all 

sizes of businesses that have personnel 

deployed in a contingency operation. 

The SPOT database can be accessed 

with a laptop and is user friendly to 

encourage real-time updates of the 

information provided. 

DoD did not identify any significant 

alternatives to the rule that would 

accomplish the stated objective of 

implementing DoDI 3020.41 and that 

would reduce the impact on small 

entities. 

V. Paperwork Reduction Act 

The rule contains information 

collection requirements that require the 

approval of the Office of Management 

and Budget under the Paperwork 

Reduction Act (44 U.S.C. chapter 35; 

however, these changes to the DFARS 

do not impose additional information 

collection requirements to the 

paperwork burden previously approved 

under OMB Control Number 0704–0460, 

entitled ‘‘Synchronized Predeployment 

and Operational Tracker (SPOT) 

System,’’ in accordance with the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 212, 

225, 237, 242, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 212, 225, 237, 

242, and 252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 212, 225, 237, 242, and 252 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. Amend section 212.301 by revising 

paragraph (f)(xlv) to read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(xlv) Use the clause at 252.225–7040, 

Contractor Personnel Supporting U.S. 

Armed Forces Deployed Outside the 

United States, as prescribed in 

225.7402–5(a). 

* * * * * 

PART 225—FOREIGN ACQUISITION 

■ 3. Revise the heading of section 

225.7402 to read as follows: 

225.7402 Contractor personnel supporting 

U.S. Armed Forces deployed outside the 

United States. 

* * * * * 

■ 4. Revise section 225.7402–2 to read 

as follows: 

225.7402–2 Definition. 

Designated operational area is 

defined in the clause at 252.225–7040. 

See PGI 225.7402–2 for additional 

information on designated operational 

areas. 

■ 5. Revise section 225.7402–5(a) to 

read as follows: 

225.7402–5 Contract clauses. 

(a) Use the clause at 252.225–7040, 

Contractor Personnel Supporting U.S. 

Armed Forces Deployed Outside the 

United States, instead of the clause at 

FAR 52.225–19, Contractor Personnel in 

a Designated Operational Area or 

Supporting a Diplomatic or Consular 

Mission Outside the United States, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, for performance in a 

designated operational area that 

authorize contractor personnel 

(including both contractors authorized 

to accompany the Force (CAAF) and 

non-CAAF) to support U.S. Armed 

Forces deployed outside the United 

States in— 

(1) Contingency operations; 

(2) Humanitarian assistance 

operations; 

(3) Peace operations consistent with 

Joint Publication 3–07.3; or 

(4) Other military operations or 

military exercises, when designated by 

the combatant commander or as 

directed by the Secretary of Defense. 

* * * * * 

PART 237—SERVICE CONTRACTING 

237.171–4 [Amended] 

■ 6. Amend section 237.171–4(a) by 

removing ‘‘a Force’’ and adding ‘‘U.S. 

Armed Forces’’ in its place. 

PART 242—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

242.302 [Amended] 

■ 7. Amend section 242.302(S–72) by 

removing the phrase ‘‘Authorized to 

Accompany’’ and adding ‘‘Supporting’’ 

in its place. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 8. Amend section 252.225–7040 by— 

■ a. Revising the section heading; 

■ b. Removing from the clause title the 

phrase ‘‘Authorized to Accompany’’ and 

adding in its place ‘‘Supporting’’; 

■ c. Removing the clause date ‘‘(FEB 

2013)’’ and adding ‘‘(MAY 2014)’’ in its 

place; 

■ d. Adding to paragraph (a), in 

alphabetical order, the definitions 

‘‘contractors authorized to accompany 

the Force’’, ‘‘designated reception site’’, 

and ‘‘non-CAAF’’; 

■ e. Revising paragraph (b); 

■ f. Removing paragraph (c)(1)(ii) and 

redesignating paragraph (c)(1)(iii) as 

paragraph (c)(1)(ii); 

■ g. Revising paragraph (c)(2)(i); 

■ h. Amending paragraph (c)(2)(iii) by 

removing the phrase ‘‘unless specified 

elsewhere in this contract’’; 

■ i. Removing paragraph (c)(3) and 

redesignating paragraph (c)(4) as (c)(3); 

■ j. Amending the newly redesignated 

paragraph (c)(3) by adding a new 

sentence at the end of the paragraph. 

■ k. Adding a new paragraph (c)(4); 

■ l. Amending paragraph (d)(1) 

introductory text by removing the 

phrase ‘‘authorized to accompany’’ and 

adding ‘‘supporting’’ in its place; 

mstockstill on DSK4VPTVN1PROD with RULES

30472 Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 

■ m. Amending paragraph (d)(3) 

introductory text by removing 

‘‘contractor employees accompanying 

U.S. Armed Forces’’ and adding 

‘‘CAAF’’ in its place; 

■ n. Revising the heading of paragraph 

(e) and paragraph (e)(1); 

■ o. Amending paragraph (e)(2)(iv) by 

removing ‘‘Contractor personnel 

authorized to accompany U.S. Armed 

Forces in the field’’ and adding ‘‘CAAF’’ 

in its place; 

■ p. Adding paragraphs (e)(2)(v) and 

(vi); 

■ q. Amending paragraph (f) 

introductory text by removing the words 

‘‘Deployed Contractor personnel’’ and 

adding ‘‘CAAF’’ in its place; 

■ r. Amending paragraph (f)(3) by— 

■ i. Removing the phrase ‘‘Joint 

Reception Center (JRC)’’ and adding 

‘‘designated reception site (DRS)’’ in its 

place; and 

■ ii. Removing the words ‘‘The JRC’’ and 

adding ‘‘The DRS’’ in its place; 

■ s. Revising paragraph (g); 

■ t. Revising paragraph (h); 

■ u. Amending paragraph (j)(1) by 

removing ‘‘carry weapons,’’ and adding 

‘‘carry weapons for individual selfdefense,’’ in its place, and removing ‘‘, 

paragraph 6.3.4.1 or, if the contract is 

for security services, paragraph 6.3.5.3’’; 

■ v. Revising paragraph (j)(2); 

■ w. Amending paragraph (j)(3)(ii), by 

removing ‘‘and’’; 

■ x. Amending paragraph (j)(3)(iii), by 

removing the ‘‘.’’ and adding ‘‘;’’ in its 

place; 

■ y. Adding paragraphs (j)(3)(iv) and (v); 

■ z. Revising paragraph (o); and 

■ aa. Revising paragraph (q). 

The revisions and additions read as 

follows: 

252.225–7040 Contractor Personnel 

Supporting U.S. Armed Forces Deployed 

Outside the United States. 

* * * * * 

(a) * * * 

Contractors authorized to accompany 

the Force, or CAAF, means contractor 

personnel, including all tiers of 

subcontractor personnel, who are 

authorized to accompany U.S. Armed 

Forces in applicable operations and 

have been afforded CAAF status through 

a letter of authorization. CAAF generally 

include all U.S. citizen and thirdcountry national employees not 

normally residing within the 

operational area whose area of 

performance is in the direct vicinity of 

U.S. Armed Forces and who routinely 

are collocated with the U.S. Armed 

Forces (especially in non-permissive 

environments). Personnel collocated 

with U.S. Armed Forces shall be 

afforded CAAF status through a letter of 

authorization. In some cases, Combatant 

Commander subordinate commanders 

may designate mission-essential host 

nation or local national contractor 

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

CAAF includes contractors previously 

identified as contractors deploying with 

the U.S. Armed Forces. CAAF status 

does not apply to contractor personnel 

in support of applicable operations 

within the boundaries and territories of 

the United States. 

* * * * * 

Designated reception site means the 

designated place for the reception, 

staging, integration, and onward 

movement of contractors deploying 

during a contingency. The designated 

reception site includes assigned joint 

reception centers and other Service or 

private reception sites. 

* * * * * 

Non-CAAF means personnel who are 

not designated as CAAF, such as local 

national (LN) employees and non-LN 

employees who are permanent residents 

in the operational area or third-country 

nationals not routinely residing with 

U.S. Armed Forces (and third-country 

national expatriates who are permanent 

residents in the operational area) who 

perform support functions away from 

the close proximity of, and do not reside 

with, U.S. Armed Forces. Governmentfurnished support to non-CAAF is 

typically limited to force protection, 

emergency medical care, and basic 

human needs (e.g., bottled water, latrine 

facilities, security, and food when 

necessary) when performing their jobs 

in the direct vicinity of U.S. Armed 

Forces. Non-CAAF status does not apply 

to contractor personnel in support of 

applicable operations within the 

boundaries and territories of the United 

States. 

* * * * * 

(b) General. 

(1) This clause applies to both CAAF 

and non-CAAF when performing in a 

designated operational area outside the 

United States to support U.S. Armed 

Forces deployed outside the United 

States in— 

(i) Contingency operations; 

(ii) Humanitarian assistance 

operations; 

(iii) Peace operations, consistent with 

Joint Publication 3–07.3; or 

(iv) Other military operations or 

military exercises, when designated by 

the Combatant Commander or as 

directed by the Secretary of Defense. 

(2) Contract performance in support of 

U.S. Armed Forces deployed outside the 

United States may require work in 

dangerous or austere conditions. Except 

as otherwise provided in the contract, 

the Contractor accepts the risks 

associated with required contract 

performance in such operations. 

(3) When authorized in accordance 

with paragraph (j) of this clause to carry 

arms for personal protection, Contractor 

personnel are only authorized to use 

force for individual self-defense. 

(4) Unless immune from host nation 

jurisdiction by virtue of an international 

agreement or international law, 

inappropriate use of force by contractor 

personnel authorized to accompany the 

U.S. Armed Forces can subject such 

personnel to United States or host 

nation prosecution and civil liability 

(see paragraphs (d) and (j)(3) of this 

clause). 

(5) Service performed by Contractor 

personnel subject to this clause is not 

active duty or service under 38 U.S.C. 

106 note. 

(c) * * * 

(2)(i) Generally, CAAF will be 

afforded emergency medical and dental 

care if injured while supporting 

applicable operations. Additionally, 

non-CAAF employees who are injured 

while in the vicinity of U.S. Armed 

Forces will normally receive emergency 

medical and dental care. Emergency 

medical and dental care includes 

medical care situations in which life, 

limb, or eyesight is jeopardized. 

Examples of emergency medical and 

dental care include examination and 

initial treatment of victims of sexual 

assault; refills of prescriptions for lifedependent drugs; repair of broken 

bones, lacerations, infections; and 

traumatic injuries to the dentition. 

Hospitalization will be limited to 

stabilization and short-term medical 

treatment with an emphasis on return to 

duty or placement in the patient 

movement system. 

(3) * * * Contractor personnel who 

are issued a letter of authorization shall 

carry it with them at all times while 

deployed. 

(4) Unless specified elsewhere in this 

contract, the Contractor is responsible 

for all other support required for its 

personnel engaged in the designated 

operational area under this contract. 

* * * * * 

(e) Preliminary personnel 

requirements. 

(1) The Contractor shall ensure that 

the following requirements are met prior 

to deploying CAAF (specific 

requirements for each category will be 

specified in the statement of work or 

elsewhere in the contract): 

(i) All required security and 

background checks are complete and 

acceptable. 

(ii) All CAAF deploying in support of 

an applicable operation— 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 30473 

(A) Are medically, dentally, and 

psychologically fit for deployment and 

performance of their contracted duties; 

(B) Meet the minimum medical 

screening requirements, including 

theater-specific medical qualifications 

as established by the geographic 

Combatant Commander (as posted to the 

Geographic Combatant Commander’s 

Web site or other venue); and 

(C) Have received all required 

immunizations as specified in the 

contract. 

(1) During predeployment processing, 

the Government will provide, at no cost 

to the Contractor, any military-specific 

immunizations and/or medications not 

available to the general public. 

(2) All other immunizations shall be 

obtained prior to arrival at the 

deployment center. 

(3) All CAAF and selected non-CAAF, 

as specified in the statement of work, 

shall bring to the designated operational 

area a copy of the Public Health Service 

Form 791, ‘‘International Certificate of 

Vaccination’’ that shows vaccinations 

are current. 

(iii) Deploying personnel have all 

necessary passports, visas, and other 

documents required to enter and exit a 

designated operational area and have a 

Geneva Conventions identification card, 

or other appropriate DoD identity 

credential, from the deployment center. 

(iv) Special area, country, and theater 

clearance is obtained for all personnel 

deploying. Clearance requirements are 

in DoD Directive 4500.54, Official 

Temporary Duty Abroad, and DoD 

4500.54–G, DoD Foreign Clearance 

Guide. For this purpose, CAAF are 

considered non-DoD contractor 

personnel traveling under DoD 

sponsorship. 

(v) All deploying personnel have 

received personal security training. At a 

minimum, the training shall— 

(A) Cover safety and security issues 

facing employees overseas; 

(B) Identify safety and security 

contingency planning activities; and 

(C) Identify ways to utilize safety and 

security personnel and other resources 

appropriately. 

(vi) All personnel have received 

isolated personnel training, if specified 

in the contract, in accordance with DoD 

Instruction 1300.23, Isolated Personnel 

Training for DoD Civilian and 

Contractors. 

(vii) Personnel have received law of 

war training as follows: 

(A) Basic training is required for all 

CAAF deployed outside the United 

States. The basic training will be 

provided through— 

(1) A military-run training center; or 

(2) A web-based source, if specified in 

the contract or approved by the 

Contracting Officer. 

(B) Advanced training, commensurate 

with their duties and responsibilities, 

may be required for some Contractor 

personnel as specified in the contract. 

* * * * * 

(e) * * * 

(2) * * * 

(v) Such employees are required to 

report offenses alleged to have been 

committed by or against Contractor 

personnel to appropriate investigative 

authorities. 

(vi) Such employees will be provided 

victim and witness protection and 

assistance. 

* * * * * 

(g) Personnel data. 

(1) The Contractor shall use the 

Synchronized Predeployment and 

Operational Tracker (SPOT) web-based 

system, to enter and maintain the data 

for all CAAF and, as designated by USD 

(AT&L) or the Combatant Commander, 

non-CAAF supporting U.S. Armed 

Forces deployed outside the United 

States as specified in paragraph (b)(1) of 

this clause. 

(2) The Contractor shall enter the 

required information about their 

contractor personnel prior to 

deployment and shall continue to use 

the SPOT web-based system at https:// 

spot.altess.army.mil/privacy.aspx to 

maintain accurate, up-to-date 

information throughout the deployment 

for all Contractor personnel. Changes to 

status of individual Contractor 

personnel relating to their in-theater 

arrival date and their duty location, to 

include closing out the deployment 

with their proper status (e.g., mission 

complete, killed, wounded) shall be 

annotated within the SPOT database in 

accordance with the timelines 

established in the SPOT business rules. 

(h) Contractor personnel. 

(1) The Contracting Officer may direct 

the Contractor, at its own expense, to 

remove and replace any Contractor 

personnel who jeopardize or interfere 

with mission accomplishment or who 

fail to comply with or violate applicable 

requirements of this contract. Such 

action may be taken at the Government’s 

discretion without prejudice to its rights 

under any other provision of this 

contract, including the Termination for 

Default clause. 

(2) The Contractor shall identify all 

personnel who occupy a position 

designated as mission essential and 

ensure the continuity of essential 

Contractor services during designated 

operations, unless, after consultation 

with the Contracting Officer, 

Contracting Officer’s representative, or 

local commander, the Contracting 

Officer directs withdrawal due to 

security conditions. 

(3) The Contractor shall ensure that 

Contractor personnel follow the 

guidance at paragraph (e)(2)(v) of this 

clause and any specific Combatant 

Commander guidance on reporting 

offenses alleged to have been committed 

by or against Contractor personnel to 

appropriate investigative authorities. 

(4) Contractor personnel shall return 

all U.S. Government-issued 

identification, to include the Common 

Access Card, to appropriate U.S. 

Government authorities at the end of 

their deployment (or, for non-CAAF, at 

the end of their employment under this 

contract). 

* * * * * 

(j) * * * 

(2) If Contractor personnel are 

authorized to carry weapons in 

accordance with paragraph (j)(1) of this 

clause, the Contracting Officer willnotify the Contractor what weapons and 

ammunition are authorized. 

(3) * * * 

(iv) Comply with applicable 

Combatant Commander and local 

commander force-protection policies; 

and 

(v) Understand that the inappropriate 

use of force could subject them to U.S. 

or host-nation prosecution and civil 

liability. 

* * * * * 

(o) Mortuary affairs. Contractor 

personnel who die while in support of 

the U.S. Armed Forces shall be covered 

by the DoD mortuary affairs program as 

described in DoD Directive 1300.22, 

Mortuary Affairs Policy, and DoD 

Instruction 3020.41, Operational 

Contractor Support. 

* * * * * 

(q) Subcontracts. The Contractor shall 

incorporate the substance of this clause, 

including this paragraph (q), in all 

subcontracts when subcontractor 

personnel are supporting U.S. Armed 

Forces deployed outside the United 

States in— 

(1) Contingency operations; 

(2) Humanitarian assistance 

operations; 

(3) Peace operations consistent with 

Joint Publication 3–07.3; or 

(4) Other military operations or 

military exercises, when designated by 

the Combatant Commander or as 

directed by the Secretary of Defense. 

* * * * * 

[FR Doc. 2014–12133 Filed 5–27–14; 8:45 am] 

BILLING CODE 5001–06–P 

mstockstill on DSK4VPTVN1PROD with RULES