252.225-7040 Contractor Personnel

Supporting U.S. Armed Forces Deployed

Outside the United States.

As prescribed in 225.371-5 (a), use the following clause:

CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE THE

UNITED STATES (OCT 2023)

(a) Definitions. As used in this clause—

“Combatant Commander” means the commander of a unified or specified combatant command

established in accordance with 10 U.S.C. 161.

“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 n and third-country national employees not normally residing within

the operational area whose area of performance is in the direct vicinity of U.S. Armed Forces and

who routinely are collocated with the U.S. Armed Forces (especially in non-permissive

environments). Personnel collocated with U.S. Armed Forces shall be afforded CAAF status through

a letter of authorization. In some cases, Combatant Commander subordinate commanders may

designate mission-essential host nation or local national contractor employees (e.g., interpreters) as

CAAF. CAAF includes contractors previously identified as contractors deploying with the U.S. Armed

Forces. CAAF status does not apply to contractor personnel in support of applicable operations

within the boundaries and territories of the United States.

“Designated operational area” means a geographic area designated by the combatant commander or

subordinate joint force commander for the conduct or support of specified military operations.

“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.

“Law of war” means that part of international law that regulates the conduct of armed hostilities.

The law of war encompasses all international law for the conduct of hostilities binding on the United

States or its individual citizens, including treaties and international agreements to which the United

States is a party, and applicable customary international law.

“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 thirdcountry nationals not routinely residing with U.S. Armed Forces (and third-country national

expatriates who are permanent residents in the operational area) who perform support functions

away from the close proximity of, and do not reside with, U.S. Armed Forces. Government-furnished

support to non-CAAF is typically limited to force protection, emergency medical care, and basic

human needs (e.g., bottled water, latrine facilities, security, and food when necessary) when

performing their jobs in the direct vicinity of U.S. Armed Forces. Non-CAAF status does not apply to

contractor personnel in support of applicable operations within the boundaries and territories of the
United States.

“Subordinate joint force commander” means a sub-unified commander or joint task force

commander.

(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) Peace operations, consistent with Joint Publication 3-07.3; or

(iii) 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 supporting 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) Support.

(1)(i) The Combatant Commander will develop a security plan for protection of Contractor personnel

in locations where there is not sufficient or legitimate civil authority, when the Combatant

Commander decides it is in the interests of the Government to provide security because—

(A) The Contractor cannot obtain effective security services;

(B) Effective security services are unavailable at a reasonable cost; or

(C) Threat conditions necessitate security through military means.

(ii) In appropriate cases, the Combatant Commander may provide security through military means,

commensurate with the level of security provided DoD civilians.

(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while

supporting applicable operations. Additionally, non-CAAF employees who are injured while in the

vicinity of U. S. Armed Forces will normally receive emergency medical and dental care. Emergency

medical and dental care includes medical care situations in which life, limb, or eyesight is

jeopardized. Examples of emergency medical and dental care include examination and initial

treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair of

broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be
limited to stabilization and short-term medical treatment with an emphasis on return to duty or

placement in the patient movement system.

(ii) When the Government provides medical treatment or transportation of Contractor personnel to a

selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any

costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized.

(3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-

generated letter of authorization signed by the Contracting Officer in order to process through a

deployment center or to travel to, from, or within the designated operational area. The letter of

authorization also will identify any additional authorizations, privileges, or Government support that

Contractor personnel are entitled to under this contract. 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.

(d) Compliance with laws and regulations.

(1) The Contractor shall comply with, and shall ensure that its personnel supporting U.S. Armed

Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are familiar

with and comply with, all applicable—

(i) United States, host country, and third country national laws;

(ii) Provisions of the law of war, as well as any other applicable treaties and international

agreements;

(iii) United States regulations, directives, instructions, policies, and procedures; and

(iv) Orders, directives, and instructions issued by the Combatant Commander, including those

relating to force protection, security, health, safety, or relations and interaction with local nationals.

(2) The Contractor shall institute and implement an effective program to prevent violations of the

law of war by its employees and subcontractors, including law of war training in accordance with

paragraph (e)(1)(vii) of this clause.

(3) The Contractor shall ensure that CAAF and non-CAAF are aware—

(i) Of the DoD definition of “sexual assault” in DoD Directive 6495.01, Sexual Assault Prevention and

Response Program;

(ii) That the offenses addressed by the definition are covered under the Uniform Code of Military

Justice (see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses

under the Uniform Code of Military Justice, Federal law, such as the Military Extraterritorial

Jurisdiction Act, or host nation laws; and

(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have

consequences to the contractor employees (see paragraph (h)(1) of this clause).

(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph
(d)(6) of this clause, any alleged offenses under—

(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to

contractors serving with or accompanying an armed force in the field during a declared war or

contingency operations); or

(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).

(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in

the deployed area, before beginning such work, information on the following:

(i) How and where to report an alleged crime described in paragraph (d)(4) of this clause.

(ii) Where to seek victim and witness protection and assistance available to contractor personnel in

connection with an alleged offense described in paragraph (d)(4) of this clause.

(iii) That this section does not create any rights or privileges that are not authorized by law or DoD

policy.

(6) The appropriate investigative authorities to which suspected crimes shall be reported include the

following—

(i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html;

(ii) Air Force Office of Special Investigations at

http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;

(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;

(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html;

(v) To any command of any supported military element or the command of any base.

(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek

guidance through the DoD Inspector General hotline at 800-424-9098 or

www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms of victim or witness protections

should contact the nearest military law enforcement office.

(8)(i) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forces are

aware of their rights to—

(A) Hold their own identity or immigration documents, such as passport or driver’s license,

regardless of the documents’ issuing authority;

(B) Receive agreed upon wages on time;

(C) Take lunch and work-breaks;

(D) Elect to terminate employment at any time;

(E) Identify grievances without fear of reprisal;

(F) Have a copy of their employment contract in a language they understand;
(G) Receive wages that are not below the legal host-country minimum wage;

(H) Be notified of their rights, wages, and prohibited activities prior to signing their employment

contract; and

(I) If housing is provided, live in housing that meets host-country housing and safety standards.

(ii) The Contractor shall post these rights in employee work spaces in English and in any foreign

language(s) spoken by a significant portion of the workforce.

(iii) The Contractor shall enforce the rights of Contractor personnel supporting the U.S. Armed

Forces.

(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—

(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 website 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 U.S. Centers for Disease Control and Prevention (CDC)

Form 731, International Certificate of Vaccination or Prophylaxis as Approved by the World Health

Organization, (also known as "shot record" or "Yellow Card") 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 4500.54E, DoD Foreign Clearance Program. 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. 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.

(2) The Contractor shall notify all personnel who are not a host country national, or who are not

ordinarily resident in the host country, that—

(i) Such employees, and dependents residing with such employees, who engage in conduct outside

the United States that would constitute an offense punishable by imprisonment for more than one

year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the

United States, may potentially be subject to the criminal jurisdiction of the United States in

accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.);

(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to

conduct that is determined to constitute a war crime when committed by a civilian national of the

United States;

(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises

of U.S. diplomatic, consular, military or other U.S. Government missions outside the United States

(18 U.S.C. 7(9)); and

(iv) In time of declared war or a contingency operation, CAAF are subject to the jurisdiction of the

Uniform Code of Military Justice under 10 U.S.C. 802(a)(10).

(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.

(f) Processing and departure points. CAAF shall—

(1) Process through the deployment center designated in the contract, or as otherwise directed by

the Contracting Officer, prior to deploying. The deployment center will conduct deployment

processing to ensure visibility and accountability of Contractor personnel and to ensure that all

deployment requirements are met, including the requirements specified in paragraph (e)(1) of this

clause;

(2) Use the point of departure and transportation mode directed by the Contracting Officer; and
(3) Process through a designated reception site (DRS) upon arrival at the deployed location. The

DRS will validate personnel accountability, ensure that specific designated operational area

entrance requirements are met, and brief Contractor personnel on theater-specific policies and

procedures.

(g) Personnel data.

(1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) webbased system, to enter and maintain the data for all CAAF and, as designated by the Under

Secretary of Defense (Acquisition and Sustainment) 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.dmdc.mil 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 at

http://www.acq.osd.mil/log/PS/ctr_mgt_accountability.html.

(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).

(i) Military clothing and protective equipment.

(1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized

in writing by the Combatant Commander. If authorized to wear military clothing, Contractor

personnel must—

(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from

military personnel, consistent with force protection measures; and

(ii) Carry the written authorization with them at all times.
(2) Contractor personnel may wear military-unique organizational clothing and individual equipment

(OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective

equipment.

(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide

training, if necessary, to ensure the safety and security of Contractor personnel.

(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless

otherwise directed by the Contracting Officer.

(j) Weapons.

(1) If the Contractor requests that its personnel performing in the designated operational area be

authorized to carry weapons for individual self-defense, the request shall be made through the

Contracting Officer to the Combatant Commander, in accordance with DoD Instruction 3020.41,

Operational Contractor Support. The Combatant Commander will determine whether to authorize intheater Contractor personnel to carry weapons and what weapons and ammunition will be allowed.

(2) If Contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of

this clause, the Contracting Officer will notify the Contractor what weapons and ammunition are

authorized.

(3) The Contractor shall ensure that its personnel who are authorized to carry weapons—

(i) Are adequately trained to carry and use them—

(A) Safely;

(B) With full understanding of, and adherence to, the rules of the use of force issued by the

Combatant Commander; and

(C) In compliance with applicable agency policies, agreements, rules, regulations, and other

applicable law;

(ii) Are not barred from possession of a firearm by 18 U.S.C. 922;

(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession,

use, safety, and accountability of weapons and ammunition;

(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.

(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by

Contractor personnel rests solely with the Contractor and the Contractor employee using such

weapon.

(5) Upon redeployment or revocation by the Combatant Commander of the Contractor’s

authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and

unexpended ammunition are returned as directed by the Contracting Officer.

(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to
operate all vehicles or equipment necessary to perform the contract in the designated operational

area.

(l) Purchase of scarce goods and services. If the Combatant Commander has established an

organization for the designated operational area whose function is to determine that certain items

are scarce goods or services, the Contractor shall coordinate with that organization local purchases

of goods and services designated as scarce, in accordance with instructions provided by the

Contracting Officer.

(m) Evacuation.

(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the

Government will provide assistance, to the extent available, to United States and third country

national Contractor personnel.

(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the

Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet

obligations under this contract.

(n) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the

event an employee dies, requires evacuation due to an injury, or is isolated, missing, detained,

captured, or abducted.

(2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the

Government will assist in personnel recovery actions in accordance with DoD Directive 3002.01E,

Personnel Recovery in the Department of Defense.

(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.

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract,

the Contracting Officer may, at any time, by written order identified as a change order, make

changes in the place of performance or Government-furnished facilities, equipment, material,

services, or site. Any change order issued in accordance with this paragraph (p) shall be subject to

the provisions of the Changes clause of this contract.

(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) Peace operations consistent with Joint Publication 3-07.3; or

(3) Other military operations or military exercises, when designated by the Combatant Commander

or as directed by the Secretary of Defense.

(End of clause)

Parent topic: 252.225 RESERVED