Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 81807 

BIMECTIN (ivermectin) Pour-On, a 

topical solution used on cattle to control 

infestations of certain species of 

external and internal parasites. The 

supplemental ANADA adds claims for 

persistent effectiveness against various 

species of external and internal 

parasites that were approved for the 

pioneer product with 3 years of 

marketing exclusivity (69 FR 501, 

January 6, 2004). The supplemental 

ANADA is approved as of September 

21, 2011, and 21 CFR 524.1193 is 

amended to reflect the approval. 

Approval of this supplemental 

ANADA did not require review of 

additional safety or effectiveness data or 

information. Therefore, a freedom of 

information summary is not required. 

The Agency has determined under 21 

CFR 25.33 that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 524 

Animal drugs. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 524 is amended as follows: 

PART 524—OPHTHALMIC AND 

TOPICAL DOSAGE FORM NEW 

ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 524 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

§ 524.1193 [Amended] 

■ 2. In § 524.1193, in paragraph (b)(1), 

in numerical sequence add ‘‘, and 

061623’’; and in paragraph (b)(2), 

remove ‘‘061623,’’. 

Dated: December 22, 2011. 

Steven D. Vaughn, 

Director, Office of New Animal Drug 

Evaluation, Center for Veterinary Medicine. 

[FR Doc. 2011–33382 Filed 12–28–11; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 158 

[Docket ID DOD–2009–OS–0029] 

RIN 0790–AI48 

Operational Contract Support 

AGENCY: Department of Defense (DoD). 

ACTION: Interim final rule. 

SUMMARY: This part establishes policy, 

assigns responsibilities, and provides 

procedures for operational contract 

support (OCS), including OCS program 

management, contract support 

integration, and integration of defense 

contractor personnel into contingency 

operations outside the United States. 

An interim final rule is required to 

procedurally close gaps and ensure the 

correct planning, oversight and 

management of DoD contractors 

supporting contingency operations, by 

updating the existing outdated policy. 

The existing policies are causing 

significant confusion, as they do not 

reflect current practices and legislative 

mandates. The inconsistencies between 

local Geographic Command guidance 

and the DoD-wide policies and the 

Defense Federal Acquisition Regulations 

Supplement are confusing for those in 

the field—in particular, with regard to 

policy on accountability and visibility 

requirements. Given the sustained 

employment of a large number of 

contractors in the U.S. Central 

Command area of responsibility; the 

importance of contractor oversight in 

support of the counter-insurgency 

operation in Afghanistan; and, the 

requirement to effectively manage 

contractors during the transition in Iraq, 

this issue has become so significant that 

DoD needs to revise the DoD-wide 

policies as a matter of urgency. 

DATES: This rule is effective December 

29, 2011. Comments must be received 

by February 27, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number and or/RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

2nd floor, East Tower, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Shanna Poole, (703) 692–3032. 

SUPPLEMENTARY INFORMATION: The 

revised policies include: (1) 

Incorporation of lessons learned from 

current operations; (2) requirements for 

the development of contractor oversight 

plans; (3) requirements for adequate 

military personnel necessary to execute 

contract oversight; and, (4) standards of 

medical care for deployed contractors. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

158 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

Section 202, Pub. L. 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

158 does not contain a Federal mandate 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

158 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 


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81808 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 

Public Law 96–511, ‘‘Paperwork 

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

It has been certified that 32 CFR part 

158 does impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

These reporting requirements have been 

approved by OMB under OMB Control 

Number 0704–0460, Synchronized 

Predeployment and Operational Tracker 

(SPOT) System. DOD does not believe 

this interim rule will require a change 

in burden or a change in the information 

collected. DoD cleared the SPOT 

collection with the interim rule codified 

at 32 CFR part 159 (which concerned 

U.S. government private security 

contractors (USG PSCs)). The SPOT 

collection package encapsulated the 

requirement for all DoD contingency 

contractor personnel to register in the 

SPOT database—not just USG PSCs. The 

publication of this rule has no impact 

on the extant requirement for 

contractors to use SPOT. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

158 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 158 

Armed forces, Government contracts, 

Health and safety, Military personnel, 

National defense, Passports and visas, 

Recordkeeping, Security measures. 

Accordingly, 32 CFR part 158 is 

added to read as follows: 

PART 158—OPERATIONAL 

CONTRACT SUPPORT 

Sec. 

158.1 Purpose. 

158.2 Applicability. 

158.3 Definitions. 

158.4 Policy. 

158.5 Responsibilities. 

158.6 Procedures. 

158.7 Guidance for contractor medical and 

dental fitness. 

Authority: Public Law 110–181; Public 

Law 110–417. 

§ 158.1 Purpose. 

This part establishes policy, assigns 

responsibilities, and provides 

procedures for operational contract 

support (OCS), including OCS program 

management, contract support 

integration, and integration of defense 

contractor personnel into contingency 

operations outside the United States in 

accordance with the guidance in DoD 

Directive 3020.49 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

302049p.pdf) and the authority in DOD 

Directive 5134.01 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

513401p.pdf). 

§ 158.2 Applicability. 

This part applies to: 

(a) The Office of the Secretary of 

Defense, the Military Departments, the 

Office of the Chairman of the Joint 

Chiefs of Staff and the Joint Staff, the 

Combatant Commands, the Office of the 

Inspector General of the Department of 

Defense, the Defense agencies, the DoD 

field activities, and all other 

organizational entities within the 

Department of Defense (hereinafter 

referred to collectively as the ‘‘DoD 

Components’’). 

(b) DoD operations (contingency, 

humanitarian assistance, and other 

peace operations) outside the United 

States; other military operations as 

determined by a Combatant Commander 

(CCDR); or as directed by the Secretary 

of Defense (hereinafter referred to 

collectively as ‘‘applicable contingency 

operations’’). 

§ 158.3 Definitions. 

Unless otherwise noted, the following 

terms and their definitions are for the 

purposes of this part. 

Acquisition. Defined in 48 CFR 2.101. 

Contingency acquisition. The process 

of acquiring supplies, services, and 

construction in support of contingency 

operations. 

Contingency contract. A legally 

binding agreement for supplies, 

services, and construction let by 

Government contracting officers in the 

operational area, as well as other 

contracts that have a prescribed area of 

performance within a designated 

operational area. Contingency contracts 

include theater support, external 

support, and systems support contracts. 

Contingency contractor personnel. 

Individual contractors, individual 

subcontractors at all tiers, contractor 

employees, and sub-contractor 

employees at all tiers under all contracts 

supporting the Military Services during 

contingency operations. 

Contingency operation. Defined in 

Joint Publication 1–02 (see http:// 

www.dtic.mil/doctrine/new_pubs/ 

jp1_02.pdf). 

Contingency program management. 

The process of planning, organizing, 

staffing, controlling, and leading the 

operational contract support (OCS) 

efforts to meet joint force commander 

(JFC) objectives. 

Contract administration. A subset of 

contracting that includes efforts that 

ensure supplies and services are 

delivered in accordance with the 

conditions and standards expressed in 

the contract. Contract administration is 

the oversight function, from contract 

award to contract closeout, performed 

by contracting professionals and 

designated non-contracting personnel. 

Contract administration delegation. A 

CCDR policy or process related to 

theater business clearance that allows 

the CCDR to exercise control over the 

assignment of contract administration 

for that portion of contracted effort that 

relates to performance in, or delivery to, 

designated area(s) of operations and 

allows the CCDR to exercise oversight to 

ensure the contractor’s compliance with 

CCDR and subordinate task force 

commander policies, directives, and 

terms and conditions. Whether the 

CCDR chooses to implement such a 

process depends on the situation. 

Contracting. Defined in 48 CFR 2.101. 

Contracting officer. Defined in 48 CFR 

2.101. 

Contracting Officer’s Representative 

(COR). Defined in 48 CFR 202.101. 

Contractor management. The 

oversight and integration of contractor 

personnel and associated equipment 

providing support to the joint force in 

a designated operational area. 

Contractors Authorized to 

Accompany the Force (CAAF). 

Contractor personnel, including all tiers 

of subcontractor personnel, who are 

authorized to accompany the force in 

applicable contingency operations and 

who have been afforded CAAF status 

through Letter of Authorization (LOA). 

CAAF generally include all U.S. citizen 

and Third Country National (TCN) 

employees not normally residing within 

the operational area whose area of 

performance is in the direct vicinity of 

U.S. forces and who routinely are colocated with U.S. forces (especially in 

non-permissive environments). 

Personnel co-located with U.S. forces 

shall be afforded CAAF status through 

LOA. In some cases, CCDR subordinate 

commanders may designate missionessential Host Nation (HN) or Local 

national (LN) contractor employees (e.g., 

interpreters) as CAAF. CAAF includes 

contractors identified as contractors 

deploying with the force in DoD 

Instruction 3020.41 and DoD Directive 

3002.01E (see http://www.dtic.mil/whs/ 

directives/corres/pdf/300201p.pdf). 

CAAF status does not apply to 

contractor personnel in support of 

contingencies within the boundaries 

and territories of the United States. 

Defense contractor. Any individual, 

firm, corporation, partnership, 


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association, or other legal non-Federal 

entity that enters into a contract directly 

with the DoD to furnish services, 

supplies, or construction. Foreign 

governments, representatives of foreign 

governments, or foreign corporations 

wholly owned by foreign governments 

that have entered into contracts with the 

DoD are not defense contractors. 

Designated reception site. The 

organization responsible for the 

reception, staging, integration, and 

onward movement of contractors 

deploying during a contingency. The 

designated reception site includes 

assigned joint reception centers and 

other Service or private reception sites. 

Essential contractor service. A service 

provided by a firm or an individual 

under contract to the DoD to support 

vital systems including ships owned, 

leased, or operated in support of 

military missions or roles at sea and 

associated support activities, including 

installation, garrison, base support, and 

linguist/translator services considered 

of utmost importance to the U.S. 

mobilization and wartime mission. The 

term also includes services provided to 

Foreign Military Sales customers under 

the Security Assistance Program. 

Services are considered essential 

because: 

(1) The DoD Components may not 

have military or DoD civilian employees 

to perform the services immediately. 

(2) The effectiveness of defense 

systems or operations may be seriously 

impaired and interruption is 

unacceptable when the services are not 

available immediately. 

External support contracts. 

Prearranged contracts or contracts 

awarded during a contingency from 

contracting organizations whose 

contracting authority does not derive 

directly from theater support or systems 

support contracting authorities. 

Functional Combatant Commands. 

U.S. Joint Forces Command (USJFCOM), 

U.S. Special Operations Command, U.S. 

Strategic Command, and U.S. 

Transportation Command. 

Geographic Combatant Commands. 

U.S. Africa Command, U.S. Central 

Command, U.S. European Command, 

U.S. Northern Command, U.S. Pacific 

Command, and U.S. Southern 

Command. 

Hostile environment. Defined in Joint 

Publication 1–02. 

Host nation (HN). A nation that 

permits, either by written agreement or 

official invitation, government 

representatives and/or agencies of 

another nation to operate, under 

specified conditions, within its borders. 

Letter of authorization (LOA). A 

document issued by a procuring 

contracting officer or designee that 

authorizes contractor personnel to 

accompany the force to travel to, from, 

and within an operational area, and 

outlines Government-furnished support 

authorizations within the operational 

area, as agreed to under the terms and 

conditions of the contract. For more 

information, see 48 CFR PGI 225.74. 

Local national (LN). An individual 

who is a permanent resident of the 

nation in which the United States is 

conducting contingency operations. 

Long-term care. A variety of services 

that help a person with comfort, 

personal, or wellness needs. These 

services assist in the activities of daily 

living, including such things as bathing 

and dressing. Sometimes known as 

custodial care. 

Non-CAAF. Personnel who are not 

designated as CAAF, such as LN 

employees and non-LN employees who 

are permanent residents in the 

operational area or TCNs not routinely 

residing with U.S. forces (and TCN 

expatriates who are permanent residents 

in the operational area) who perform 

support functions away from the close 

proximity of, and do not reside with, 

U.S. forces. Government-furnished 

support to non-CAAF is typically 

limited to force protection, emergency 

medical care, and basic human needs 

(e.g., bottled water, latrine facilities, 

security, and food when necessary) 

when performing their jobs in the direct 

vicinity of U.S. forces. 

Operational contract support (OCS). 

The ability to orchestrate and 

synchronize the provision of integrated 

contract support and management of 

contractor personnel providing support 

to the joint force within a designated 

operational area. 

Prime contract. Defined in 48 CFR 

3.502. 

Qualifying contingency operation. In 

accordance with Article 2(a)(10) of the 

Uniform Code of Military Justice (UCMJ) 

(see http://www.au.af.mil/au/awc/ 

awcgate/ucmj.htm), a military 

contingency operation conducted for the 

purpose of engaging an enemy or a 

hostile force in combat where 

disciplinary authority over civilians 

under Article 2(a)(10) is governed by the 

UCMJ, the Secretary of Defense 

Memorandum, ‘‘UCMJ Jurisdiction Over 

DoD Civilian Employees, DoD 

Contractor Personnel, and Other Persons 

Serving With or Accompanying the 

Armed Forces Overseas During Declared 

War and in Contingency Operations,’’ 

dated March 10, 2008 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

DTM-08-009.pdf), and the Manual for 

Courts-Martial, United States, current 

edition (see http://www.au.af.mil/au/ 

awc/awcgate/law/mcm.pdf). 

Replacement center. The centers at 

selected installations that ensure 

personnel readiness processing actions 

have been completed prior to an 

individual reporting to the aerial port of 

embarkation for deployment to a 

designated operational area. 

Requiring activity. The organization 

charged with meeting the mission and 

delivering the requirements the contract 

supports. This activity is responsible for 

delivering the services to meet the 

mission if the contract is not in effect. 

The requiring activity may also be the 

organizational unit that submits a 

written requirement, or statement of 

need, for services required by a contract. 

This activity is responsible for ensuring 

compliance with DoD Instruction 

1100.22 (see http://www.dtic.mil/whs/ 

directives/corres/pdf/110022p.pdf) and 

Deputy Secretary of Defense 

Memorandums, ‘‘In-sourcing Contracted 

Services—Implementation Guidance’’ 

dated May 28, 2009, and 

‘‘Implementation of Section 324 of the 

National Defense Authorization Act for 

Fiscal Year 2008 (FY 2008 NDAA)— 

Guidelines and Procedures on InSourcing New and Contracted Out 

Functions’’ dated April 4, 2008 (for both 

Deputy Secretary of Defense 

Memorandums see http:// 

prhome.defense.gov/RSI/ 

REQUIREMENTS/INSOURCE/ 

INSOURCE_GUIDANCE.ASPX). 

Subcontract. Defined in 48 CFR 3.502. 

Systems support contracts. 

Prearranged contracts awarded by 

Service acquisition program 

management offices that provide 

fielding support, technical support, 

maintenance support, and, in some 

cases, repair parts support, for selected 

military weapon and support systems. 

Systems support contracts routinely are 

put in place to provide support to many 

newly fielded weapons systems, 

including aircraft, land combat vehicles, 

and automated command and control 

systems. Systems support contracting 

authority, contract management 

authority, and program management 

authority reside with the Service system 

materiel acquisition program offices. 

Systems support contractors, made up 

mostly of U.S. citizens, provide support 

in continental U.S. (CONUS) and often 

deploy with the force in both training 

and contingency operations. The JFC 

generally has less control over systems 

support contracts than other types of 

contracts. 

Theater business clearance. A CCDR 

policy or process to ensure visibility of 

and a level of control over systems 

support and external support contracts 


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executing or delivering support in 

designated area(s) of operations. The 

breadth and depth of such requirements 

will be situational. Theater business 

clearance is not necessarily discrete and 

can be implemented to varying degrees 

on a continuum during all phases of an 

operation. 

Theater support contracts. 

Contingency contracts awarded by 

contracting officers deployed to an 

operational area serving under the direct 

contracting authority of the Service 

component, special operations force 

command, or designated joint 

contracting authority for the designated 

contingency operation. 

Uniquely military functions. Defined 

in DoD Instruction 1100.22, ‘‘Policy and 

Procedures for Determining Workforce 

Mix.’’ 

§ 158.4 Policy. 

It is DoD policy that: 

(a) OCS actions (e.g., planning, 

accountability, visibility, deployment, 

protection, and redeployment 

requirements) shall be implemented to: 

(1) Incorporate appropriate 

contingency program management 

processes during applicable contingency 

operations. 

(2) Comply with applicable U.S., 

international, and local laws, 

regulations, policies, and agreements. 

(3) Use contract support only in 

appropriate situations consistent with 

48 CFR subpart 7.5, 48 CFR 207.503, 

and DoD Instruction 1100.22, ‘‘Policy 

and Procedures for Determining 

Workforce Mix.’’ 

(4) Fully consider, plan for, integrate, 

and execute acquisition of, contracted 

support, including synchronizing and 

integrating contracted support flowing 

into an operational area from systems 

support, external support and theater 

support contracts and managing the 

associated contractor personnel, into 

applicable contingency operations 

consistent with CCDR policies and 

procedures and Joint Publication (JP) 

4–10, ‘‘Operational Contract Support,’’ 

(see http://www.dtic.mil/doctrine/ 

new_pubs/jp4_10.pdf). 

(b) Contractors are generally 

responsible for providing their own 

logistical support. However, in austere, 

uncertain, and/or hostile environments, 

the DoD may provide logistical support 

to ensure continuation of essential 

contractor services. CAAF may receive 

Government-furnished support 

commensurate with the operational 

situation in accordance with the terms 

and conditions of their contract. 

(c) Contracting officers will ensure 

that contracts used to support DoD 

operations require: 

(1) That CAAF deploying from 

outside the operational area be 

processed through formal deployment 

(replacement) centers or a DoDapproved equivalent process prior to 

departure, and through in-theater 

reception centers upon arrival in the 

operational area, as specified in § 158.6 

of this part. 

(2) That contractors provide personnel 

who are medically, dentally, and 

psychologically fit, and if applicable, 

professionally tested and certified, to 

perform contract duties in applicable 

contingency operations. Section 158.6 of 

this part details medical support and 

evacuation procedures. Section 158.7 of 

this part provides guidance on 

contractor medical, psychological, and 

dental fitness. 

(3) Solicitations and contracts address 

any applicable host country and 

designated operational area performance 

considerations. 

(d) Contracts for highly sensitive, 

classified, cryptologic, and intelligence 

projects and programs shall implement 

this part to the maximum extent 

practicable, consistent with applicable 

laws, Executive orders, Presidential 

Directives, and DoD issuances. 

(e) In applicable contingency 

operations, contractor visibility and 

accountability shall be maintained 

through a common joint database, the 

Synchronized Predeployment and 

Operational Tracker (SPOT) or its 

successor. 

§ 158.5 Responsibilities. 

(a) The Under Secretary of Defense for 

Acquisition, Technology, and Logistics 

(USD(AT&L)) shall develop, coordinate, 

establish, and oversee the 

implementation of DoD policy for 

managing OCS. 

(b) The Director, Defense Procurement 

and Acquisition Policy (DPAP), under 

the authority, direction, and control of 

the USD(AT&L), shall: 

(1) Oversee all acquisition and 

procurement policy matters including 

the development of DoD policies for 

contingency contracting and the 

coordinated development and 

publication of contract prescriptions 

and standardized contract clauses in 48 

CFR 207.503, 252.225–7040, and 

202.101, and associated contracting 

officer guidance in 48 CFR PGI 225.74. 

This includes working collaboratively 

with OSD Principal Staff Assistants, 

Chairman of the Joint Chiefs of Staff 

(CJCS) representatives, and the DoD 

Component Heads in the development 

of OCS related policies and ensuring 

that contracting equities are addressed. 

(2) Develop contingency contracting 

policy and implement other OCS related 

policies into DFARS in support of 

applicable contingency operations. 

(3) Ensure implementation by 

contracting officers and CORs of 

relevant laws and policies in 48 CFR 

Subparts 4.1301, 4.1303, 52.204–9, 7.5, 

7.503(e), 2.101, and 3.502; 48 CFR 

Subparts 207.503, 252.225–7040 and 

202.101; and 48 CFR PGI 225.74. 

(4) Propose legislative initiatives that 

support accomplishment of the 

contingency contracting mission. 

(5) Improve DoD business processes 

for contingency contracting while 

working in conjunction with senior 

procurement executives across the DoD. 

Assist other OSD Principal Staff 

Assistants, CJCS representatives, and 

DoD Component Heads in efforts to 

improve other OCS related business 

processes by ensuring contracting 

equities and interrelationships are 

properly addressed. 

(6) Support efforts to resource the 

OCS toolset under the lead of the 

Deputy Assistant Secretary of Defense 

for Program Support (DASD(PS)) 

pursuant to paragraph (c)(6)(ii) of this 

section. 

(7) Coordinate activities with other 

Government agencies to provide unity 

of effort. Maintain an open, userfriendly source for reports and lessons 

learned and ensure the coordinated 

development and publication, through 

participation on the FAR Council, of 

standardized contract clauses. 

(8) As a member of the Contracting 

Functional Integrated Planning Team, 

collaborate with the Defense 

Acquisition University to offer 

education for all contingency 

contracting personnel. 

(9) Participate in the OCS Functional 

Capability Integration Board (FCIB) to 

facilitate development of standard joint 

OCS concepts, policies, doctrine, 

processes, plans, programs, tools, 

reporting, and training to improve 

effectiveness and efficiency. 

(10) In concert with the supported 

Combatant Commander, coordinate in 

advance of execution Executive Agency 

for Head of Contracting Activity 

requisite Operational Plans (OPLANS), 

Concept Plans (CONPLANS), and 

operations, where a lead service or a 

Joint Theater Support Contracting 

Command (JTSCC) will be established. 

(c) The DASD(PS), under the 

authority, direction, and control of the 

USD(AT&L) through the Assistant 

Security of Defense for Logistics and 

Materiel Readiness (ASD(L&MR)), is 

responsible for oversight and 

management to enable the orchestration, 

integration, and synchronization of the 

preparation and execution of 


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acquisitions for DoD contingency 

operations, and shall: 

(1) Coordinate policy relating to field 

operations and contingency contractor 

personnel in forward areas and the 

battlespace. In cooperation with the 

Joint Staff, Military Departments, and 

OSD, serve as the DoD focal point for 

the community of practice and the 

community of interest for efforts to 

improve OCS program management and 

oversight. 

(2) Co-chair with the Vice Director, 

Directorate for Logistics, Joint Staff, 

(VDJ4) the OCS FCIB to lead and 

coordinate OCS with OSD, Military 

Department, and Defense Agency senior 

procurement officers in accordance with 

the OCS FCIB Charter (see http:// 

www.acq.osd.mil/log/PS/fcib/ 

OCS_FCIB_charter_USA000737- 

09_signed.pdf). 

(3) Ensure integration of joint OCS 

activities across other joint capability 

areas and joint warfighting functions. 

(4) Provide input to the Logistics 

Capability Portfolio Manager and the 

CJCS in the development of capability 

priorities; review final capability 

priorities; and provide advice to the 

Under Secretary of Defense for Policy 

(USD(P)) in developing the Quadrennial 

Defense Review (see http:// 

www.defense.gov/qdr/images/ 

QDR_as_of_12Feb10_1000.pdf) and 

defense planning and programming 

guidance, as appropriate. 

(5) Serve as the DoD lead to: 

(i) Develop a programmatic approach 

for the preparation and execution of 

orchestrating, integrating, and 

synchronizing acquisitions for 

contingency operations. 

(ii) Establish and oversee DoD policies 

for OCS program management in the 

planning and execution of combat, postcombat, and other contingency 

operations involving the Military 

Departments, other Government 

agencies, multinational forces, and nongovernmental organizations, as required. 

(6) Improve DoD business practices 

for OCS. 

(i) In consultation with the Under 

Secretary of Defense for Personnel and 

Readiness (USD(P&R)); the Director, 

DPAP; and the CJCS, ensure a joint webbased contract visibility and contractor 

personnel accountability system 

(currently SPOT) is designated and 

implemented, including business rules 

for its use. 

(ii) Lead the effort to resource the OCS 

toolset providing improved OCS 

program management, planning, OCS 

preparation of the battlefield, systems 

support, and theater support contracts, 

contractor accountability systems, and 

automated contract process capabilities, 

including reach back from remote 

locations to the national defense 

contract base (e.g., hardware and 

software). 

(7) In consultation with the Heads of 

the OSD and DoD Components, provide 

oversight of experimentation efforts 

focusing on concept development for 

OCS execution. 

(8) Serve as the DoD lead for the 

oversight of training and education of 

non-acquisition, non-contracting 

personnel identified to support OCS 

efforts. 

(d) The Director, DLA, under the 

authority, direction, and control of the 

USD(AT&L), through the ASD(L&MR) 

shall, through the Joint Contingency 

Acquisition Support Office (JCASO), 

provide enabler OCS support to CCDR 

OCS planning efforts and training 

events, and, when requested, advise, 

assist, and support JFC oversight of OCS 

operations. Specifically, the Director, 

JCASO, shall: 

(1) Provide OCS planning support to 

the CCDR through Joint OCS Planners 

embedded within the geographic 

Combatant Command staff. Maintain 

situational awareness of all plans with 

significant OCS equity for the purposes 

of exercise support and preparation for 

operational deployment. From JCASO 

forward involvement in exercises and 

operational deployments, develop and 

submit lessons learned that result in 

improved best practices and planning. 

(2) When requested, assist the Joint 

Staff in support of the Chairman’s OCS 

responsibilities listed in paragraph (l) of 

this section. 

(3) Facilitate improvement in OCS 

planning and execution through capture 

and review of joint OCS lessons learned. 

In cooperation with USJFCOM, Military 

Services, other DoD Components, and 

interagency partners, collect joint 

operations focused OCS lessons learned 

and best practices from contingency 

operations and exercises to inform OCS 

policy and recommend doctrine, 

organization, training, materiel, 

leadership, personnel, and facilities 

(DOTMLPF) solutions. 

(4) Participate in joint exercises, 

derive OCS best practices from afteraction reports and refine tactics/ 

techniques/procedures, deployment 

drills, and personal and functional 

training (to include curriculum reviews 

and recommendations). Assist in the 

improvement of OCS related policy, 

doctrine, rules, tools, and processes. 

(5) Provide the geographic CCDRs, 

when requested, with deployable 

experts to assist the CCDR and 

subordinate JFCs in managing OCS 

requirements in a contingency 

environment. 

(6) Practice continuous OCS-related 

engagement with interagency 

representatives and multinational 

partners, as appropriate and consistent 

with existing authorities. 

(7) Participate in the OCS FCIB to 

facilitate development of standard joint 

OCS concepts, policies, doctrine, 

processes, plans, programs, tools, 

reporting, and training to improve 

effectiveness and efficiency. 

(e) The Director, Defense Contract 

Management Agency (DCMA) under the 

authority, direction, and control of the 

USD(AT&L), through the Assistant 

Secretary of Defense for Acquisition 

(ASD(Acquisition)), plans for and 

performs contingency contract 

administration services in support of the 

CJCS and CCDRs in the planning and 

execution of military operations, 

consistent with DCMA’s established 

responsibilities and functions. 

(f) The Under Secretary of Defense for 

Intelligence (USD(I)), as the Principal 

Staff Assistant for intelligence, 

counterintelligence, and security in 

accordance with DoD Directive 5143.01 

(see http://www.dtic.mil/whs/directives/ 

corres/pdf/514301p.pdf), shall: 

(1) Develop, coordinate, and oversee 

the implementation of DoD security 

programs and guidance for those 

contractors covered in DoD Instruction 

5220.22 (see http://www.dtic.mil/whs/ 

directives/corres/pdf/522022p.pdf. 

(2) Assist the USD(AT&L) in 

determining appropriate contract 

clauses for intelligence, 

counterintelligence, and security 

requirements. 

(3) Establish policy for contractor 

employees under the terms of the 

applicable contracts that support 

background investigations in 

compliance with 48 CFR 4.1301, 4.1303, 

and 52.204–9. 

(4) Coordinate security and 

counterintelligence policy affecting 

contract linguists with the Secretary of 

the Army pursuant to DoD Directive 

5160.41E (see http://www.dtic.mil/whs/ 

directives/corres/pdf/516041p.pdf) . 

(g) The Assistant Secretary of Defense 

for Health Affairs (ASD(HA)), under the 

authority, direction, and control of the 

USD(P&R), shall assist in the 

development of policy addressing the 

reimbursement of funds for qualifying 

medical support received by 

contingency contractor personnel in 

applicable contingency operations. 

(h) The Deputy Assistant Secretary of 

Defense for Readiness 

(DASD(Readiness)) under the authority, 

direction, and control of the USD(P&R), 

shall develop policy and set standards 

for managing contract linguist 

capabilities supporting the total force to 


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1This document is classified Restricted, and is 

available via Secure Internet Protocol Router 

Network at http://js.smil.mil. If the requester is not 

an authorized user of the classified network the 

requestor should contact Joint Staff J–1 at (703) 

697–9645. 

include requirements for linguists and 

tracking linguist and role players to 

ensure that force readiness and security 

requirements are met. 

(i) The Director, Defense Manpower 

Data Center (DMDC), under the 

authority, direction, and control of the 

USD(P&R), through the Director, DoD 

Human Resources Activity, shall: 

(1) Serve as the central repository of 

information for all historical data on 

contractor personnel who have been 

issued common access cards (CAC) and 

are included in SPOT or its successor, 

that is to be archived. 

(2) Ensure all data elements of SPOT 

or its successor to be archived are 

USD(P&R)-approved and DMDC-system 

compatible, and ensure the repository is 

protected at a level commensurate with 

the sensitivity of the information 

contained therein. 

(j) The Under Secretary of Defense 

(Comptroller)/Chief Financial Officer 

(USD(C)/CFO), DoD, shall develop 

policy addressing the reimbursement of 

funds for qualifying medical support 

received by contingency contractor 

personnel in applicable contingency 

operations. 

(k) The Secretaries of the Military 

Departments and the Directors of the 

Defense Agencies and DoD Field 

Activities shall incorporate this part 

into applicable policy, doctrine, 

programming, training, and operations 

and ensure: 

(1) Assigned contracting activities 

populate SPOT with the required data 

in accordance with Assistant Secretary 

of Defense for Logistics and Materiel 

Readiness Publication, ‘‘Business Rules 

for the Synchronized Predeployment 

and Operational Tracker (SPOT),’’ 

current edition (see http:// 

www.acq.osd.mil/log/PS/spot.html) and 

that information has been reviewed for 

security and operational security 

(OPSEC) concerns in accordance with 

paragraph (c)(3)(ii)(E) of § 158.6. 

(2) CAAF meet all theater and/or joint 

operational area (JOA) admission 

procedures and requirements prior to 

deploying to or entering the theater or 

JOA. 

(3) Contracting officers include in the 

contract: 

(i) Appropriate terms and conditions 

and clause(s) in accordance with 48 CFR 

252.225–7040 and 48 CFR PGI 225.74. 

(ii) Specific deployment and theater 

admission requirements according to 48 

CFR 252.225–7040 and 48 CFR PGI 

225.74, and the applicable CCDR Web 

sites. 

(iii) Specific medical preparation 

requirements according to paragraph 

(c)(8) of § 158.6. 

(iv) The level of protection to be 

provided to contingency contractor 

personnel in accordance with paragraph 

(d)(5) of § 158.6. Contracting officers 

shall follow the procedures on the 

applicable CCDR Web sites to obtain 

theater-specific requirements. 

(v) Government-furnished support 

and equipment to be provided to 

contractor personnel with prior 

coordination and approval of theater 

adjudication authorities, as referenced 

on the applicable CCDR Web sites. 

(vi) A requirement for contractor 

personnel to show and have verified by 

the COR, proof of professional 

certifications/proficiencies as stipulated 

in the contract. 

(4) Standardized contract 

accountability financial and oversight 

processes are developed and 

implemented. 

(5) Requirements packages are 

completed to include all required 

documentation (e.g., letter of 

justification, performance work 

statement, nominated COR, 

independent Government estimate 

(IGE)) are completed and funding 

strategies are articulated and updated as 

required. 

(6) CORs are planned for, resourced, 

and sustained as necessary to ensure 

proper contract management 

capabilities are in place and properly 

executed. 

(7) Assigned contracting activities 

plan for, and ensure the contractor plans 

for, the resources necessary to 

implement and sustain contractor 

accountability in forward areas through 

SPOT or its successor. 

(8) Contract support integration plans 

(CSIPs) and contractor management 

plans (CMPs) are developed as directed 

by the supported CCDR. 

(9) The risk of premature loss of 

mission-essential OCS is assessed and 

the mitigation of the loss of contingency 

contractor personnel in wartime or 

contingency operations who are 

performing essential contractor services 

is properly planned for. 

(10) Assigned contracting activities 

comply with theater business clearance 

and contract administration delegation 

policies and processes when 

implemented by CCDRs to support any 

phase of a contingency operation. 

(11) Agency equities are integrated 

and conducted in concert with the 

CCDR’s plans for OCS intelligence of the 

battlefield. 

(12) The implementation of a 

certification of, and a waiver process 

for, contractor-performed deployment 

and redeployment processing in lieu of 

a formally designated group, joint, or 

Military Department deployment center. 

(13) Support the effort to resource the 

OCS toolset under the lead of the 

DASD(PS) pursuant to paragraph 

(c)(6)(ii) of this section. 

(l) The CJCS shall: 

(1) Where appropriate, incorporate 

program management and elements of 

this part into joint doctrine, joint 

instructions and manuals, joint training, 

joint education, joint capability 

development, joint strategic planning 

system (e.g., Joint Operation Planning 

and Execution System (JOPES)), and 

CCDR oversight. 

(2) Co-chair with the VDJ4 the OCS 

FCIB to lead and coordinate OCS with 

OSD, Military Department, and Defense 

Agency senior procurement officers in 

accordance with OCS FCIB charter. 

Provide the OCS FCIB with input and 

awareness of the CJCS functions and 

activities as defined in 10 U.S.C. 153 

and 155. 

(3) Perform OCS related missions and 

functions as outlined in the Joint Staff 

Manual 5100.01 1 and the Chairman’s 

authorities as defined in 10 U.S.C. (see 

http://uscode.house.gov/download/ 

title_10.shtml). 

(m) The geographic CCDRs and the 

CDRUSSOCOM (when they are the 

supported commander) shall: 

(1) Plan and execute OCS program 

management, contract support 

integration, and contractor management 

actions in all applicable contingency 

operations in their AOR. 

(2) Conduct integrated planning to 

determine and synchronize contract 

support requirements to facilitate OCS 

planning and contracting and contractor 

management oversight. 

(3) In coordination with the Services 

and functional components, identify 

military capabilities shortfalls in all the 

joint warfighting functions that require 

contracted solutions. Ensure these 

requirements are captured in the 

appropriate CCDR, subordinate JFC, 

Service component and combat support 

agency CSIP or other appropriate 

section of the CONPLAN with timephased force and deployment data 

(TPFDD), OPLAN or operation order 

(OPORD). 

(4) Require Service component 

commanders and supporting Defense 

Agencies and DoD Field Activities to: 

(i) Identify and incorporate contract 

support and operational acquisition 

requirements in supporting plans to 

OPLANs and CONPLANs with TPFDD, 

and to synchronize their supporting 


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CSIPs, CMPs, and contracted 

requirements and execution plans 

within geographic CCDR OPLANs and 

CONPLANs with TPFDD. 

(ii) Review their supporting CSIPs and 

CMPs and identify funding strategies for 

particular contracted capabilities 

identified to support each OPLAN and 

CONPLAN. 

(iii) Develop acquisition-ready 

requirements documents as identified in 

CSIPs including performance work 

statements, IGEs, task order change 

documents, and sole source 

justifications. 

(iv) Ensure CAAF and their 

equipment are incorporated into TPFDD 

development and deployment execution 

processes in accordance with CJCS 

Manual 3122.02C, JOPES Volume III, 

‘‘Crisis Action Time-Phased Force and 

Deployment Data Development and 

Deployment Execution,’’ June 19, 2006. 

(v) Ensure financial management 

policies and procedures are in place in 

accordance with DoD 7000.14–R (see 

http://comptroller.defense.gov/fmr/) and 

applicable service specific financial 

management implementation guidance. 

(5) Develop and publish 

comprehensive OCS plans. Synchronize 

OCS requirements among all Service 

components and Defense Agencies and 

DoD Field Activities operating within or 

in support of their area of responsibility 

(AOR). Optimize operational unity of 

effort by analyzing existing and 

projected theater support and external 

support contracts to minimize, reduce, 

and eliminate redundant and 

overlapping requirements and 

contracted capabilities. 

(6) Ensure OCS requirements for the 

Defense Agencies, multinational 

partners, and other Governmental 

agencies are addressed and priorities of 

effort for resources are deconflicted and 

synchronized with OCS to military 

forces. 

(7) Ensure policies and procedures are 

in place for reimbursing Governmentfurnished support of contingency 

contractor personnel, including (but not 

limited to) subsistence, military air, 

intra-theater lift, and medical treatment, 

when applicable. 

(8) Ensure CAAF and equipment 

requirements (regardless if provided by 

the Government or the contractor) in 

support of an operation are incorporated 

into plan TPFDDs. 

(9) Review Service component 

assessments of the risk of premature loss 

of essential contractor services and 

review contingency plans to mitigate 

potential premature loss of essential 

contractor services. 

(10) Establish and communicate to 

contracting officers theater and/or JOA 

CAAF admission procedures and 

requirements, including country and 

theater clearance, waiver authority, 

immunizations, required training or 

equipment, and any restrictions 

necessary to ensure proper deployment, 

visibility, security, accountability, and 

redeployment of CAAF to their AORs 

and/or JOAs. Implement DoD Foreign 

Clearance Guide, current edition 

(available at https:// 

www.fcg.pentagon.mil/). 

(11) Coordinate with the Office of the 

USD(P) to ensure special area, country, 

and theater personnel clearance 

requirements are current in accordance 

with DoD Foreign Clearance Guide, and 

coordinate with affected agencies (e.g., 

Intelligence Community agencies) to 

ensure that entry requirements do not 

impact mission accomplishment. 

(12) Determine and distribute specific 

theater OCS organizational guidance in 

plans, to include command, control, and 

coordination, and Head Contracting 

Authority (HCA) relationships. 

(13) Develop and distribute AOR/JOAwide contractor management 

requirements, directives, and 

procedures into a separate contractor 

management plan as an annex or the 

appropriate section of the appropriate 

plan. 

(14) Establish, staff, and execute 

appropriate OCS-related boards, centers, 

and working groups. 

(15) Integrate OCS into mission 

rehearsals and training exercises. 

(16) When contracts are being or will 

be executed in an AOR/JOA, designate 

and identify the organization 

responsible for managing and 

prescribing processes to: 

(i) Establish procedures and assign 

authorities for adjudicating requests for 

provision of Government-furnished 

equipment and services to contractors 

when such support is operationally 

required. This should include 

procedures for communicating approval 

to the requiring activity and the 

contracting officer for incorporation into 

contracts. 

(ii) Authorize trained and qualified 

contractor personnel to carry weapons 

for personal protection not related to the 

performance of contract-specific duties. 

(iii) Establish procedures for, 

including coordination of, inter-theater 

strategic movements and intra-theater 

operational and tactical movements of 

contractor personnel and equipment. 

(iv) Collect information on and refer 

to the appropriate Government agency 

offenses, arrests, and incidents of 

alleged misconduct committed by 

contractor personnel on or off-duty. 

(v) Collect and maintain information 

relating to CAAF and selected nonCAAF kidnappings, injuries, and 

deaths. 

(vi) Identify the minimum standards 

for conducting and processing 

background checks, and for issuing 

access badges to HN, LN, and TCN 

personnel employed, directly or 

indirectly, through Governmentawarded contracts. 

(vii) Remove CAAF from the 

designated operational area who do not 

meet medical deployment standards, 

whose contract period of performance 

has expired, or who are noncompliant 

with contract requirements. 

(viii) Designate additional contractor 

personnel not otherwise covered by 

personnel recovery policy for personnel 

recovery support in accordance with 

DoD Directive 3002.01E. 

(ix) Ensure that contract oversight 

plans are developed, and that adequate 

personnel to assist in contract 

administration are identified and 

requested, in either a separate contractor 

management plan as an annex of plans 

and orders and/or within appropriate 

parts of plans and orders. 

(x) Develop a security plan for the 

protection of contingency contractor 

personnel according to paragraph (d)(5) 

of § 156.8. 

(xi) Develop and implement theater 

business clearance and, if required, 

Contract Administration Delegation 

policies and procedures to ensure 

visibility of and a level of control over 

systems support and external support 

contracts providing or delivering 

contracted support in contingency 

operations. 

(17) Enforce the individual arming 

policy and use of private security 

contractors in accordance with 32 CFR 

part 159 and DoD Directive 5210.56 (see 

http://www.dtic.mil/whs/directives/

corres/pdf/521056p.pdf). 

(18) Establish a process for reviewing 

exceptions to medical standards 

(waivers) for the conditions in 

paragraph (j) of § 158.7, including a 

mechanism to track and archive all 

approved and denied waivers and the 

medical conditions requiring waiver. 

Additionally, serve as the final 

approval/disapproval authority for all 

exceptions to this policy, except in 

special operations where the Theater 

Special Operations Command (TSOC) 

commander has the final approval or 

disapproval authority. 

(19) Establish mechanisms for 

ensuring contractors are required to 

report offenses alleged to have been 

committed by or against contractor 

personnel to appropriate investigative 

authorities. 

(20) Assign responsibility for 

providing victim and witness protection 


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and assistance to contractor personnel 

in connection with alleged offenses. 

(21) Ensure applicable 

predeployment, deployment, in-theater 

management, and redeployment 

guidance and procedures are readily 

available and accessible by planners, 

requiring activities, contracting officers, 

contractors, contractor personnel and 

other interested parties on a Web page, 

and related considerations and 

requirements are integrated into 

contracts through contract terms, 

consistent with security considerations 

and requirements. 

(22) Ensure OCS preparation of the 

battlefield is vetted with intelligence 

agencies when appropriate. 

(23) Integrate OCS planning with 

operational planning across all primary 

and special staff sections. 

(n) The functional CCDRs utilizing 

OCS shall ensure their Commands 

follow the procedures in this part and 

applicable operational-specific guidance 

provided by the supported geographic 

CCDR. 

§ 158.6 Procedures. 

(a) Requirements, Relationships, and 

Restrictions. In implementing this part, 

the Heads of DoD Components shall 

abide by applicable laws, regulations, 

DoD policy, and international 

agreements as they relate to contractor 

personnel supporting applicable 

contingency operations. 

(1) Status of Contractor Personnel. 

(i) Pursuant to applicable law, 

contracted services may be utilized in 

applicable contingency operations for 

all functions not inherently 

governmental. Contractor personnel 

may be utilized in support of such 

operations in a non-combat role as long 

as contractor personnel residing with 

the force in foreign contingencies have 

been designated as CAAF by the force 

they accompany and are provided with 

an appropriate identification card 

pursuant to the Geneva Convention 

Relative to the Treatment of Prisoners of 

War (see http://www.icrc.org/ihl.nsf/

FULL/375). If captured during 

international armed conflict, contractors 

with CAAF status are entitled to 

prisoner of war status. Some contractor 

personnel may be covered by the 

Geneva Convention Relative to the 

Protection of Civilian Persons in Time 

of War (see http://www.icrc.org/ihl.nsf/

385ec082b509e76c41256739003e636d/

6756482d86146898c125641e004aa3c5) 

should they be captured during armed 

conflict. All contractor personnel may 

be at risk of injury or death incidental 

to enemy actions while supporting 

military operations. CAAF status does 

not apply to contractor personnel 

supporting domestic contingencies. 

(ii) Contractor personnel may support 

applicable contingency operations such 

as by providing communications 

support; transporting munitions and 

other supplies; performing maintenance 

functions for military equipment; 

providing private security services; 

providing foreign language 

interpretation and translation services, 

and providing logistic services such as 

billeting and messing. Each service to be 

performed by contractor personnel in 

applicable contingency operations shall 

be reviewed on a case-by-case basis in 

consultation with the cognizant 

manpower official and servicing legal 

office to ensure compliance with DoD 

Instruction 1100.22 and relevant laws 

and international agreements. 

(2) Local and Third-Country Laws. 

Subject to the application of 

international agreements, all 

contingency contractor personnel must 

comply with applicable local and third 

country laws. Contractor personnel may 

be hired from U.S., LN, or third country 

sources and their status may change 

(e.g., from non-CAAF to CAAF), 

depending on where they are detailed to 

work by their employer or on the 

provisions of the contract. The CCDRs, 

as well as subordinate commanders and 

Service component commanders, and 

the Directors of the Defense Agencies 

and DoD Field Activities should be 

cognizant of limiting factors regarding 

the employment of LN and TCN 

personnel. Limiting factors may include 

imported labor worker permits; 

workforce and hour restrictions; 

medical, life, and disability insurance 

coverage; taxes, customs, and duties; 

cost of living allowances; hardship 

differentials; access to classified 

information; and hazardous duty pay. 

(3) U.S. Laws. CAAF, with some 

exceptions, are subject to U.S. laws and 

Government regulations. For example, 

all U.S. citizen and TCN CAAF may be 

subject to prosecution pursuant to 

Federal law including, but not limited 

to, 18 U.S.C. 3261 (also known and 

hereinafter referred to as ‘‘The Military 

Extraterritorial Jurisdiction Act of 2000 

(MEJA), as amended’’). MEJA extends 

U.S. Federal criminal jurisdiction to 

certain defense contractor personnel for 

offenses committed outside U.S. 

territory. Additionally, CAAF are 

subject to prosecution pursuant to 10 

U.S.C. chapter 47 (also known and 

hereinafter referred to as ‘‘The Uniform 

Code of Military Justice (UCMJ)’’) in 

accordance with Secretary of Defense 

Memorandum (‘‘UCMJ Jurisdiction Over 

DoD Civilian Employees, DoD 

Contractor Personnel, and Other Persons 

Serving With or Accompanying the 

Armed Forces Overseas During Declared 

War and in Contingency Operations,’’ 

March 10, 2008). Other laws may allow 

prosecution of offenses by contactor 

personnel, such as 18 U.S.C. 7(9). 

Immediate consultation with the 

servicing legal office and the contracting 

officer is required in all cases of 

suspected MEJA and/or UCMJ 

application to conduct by CAAF 

personnel, especially in non-combat 

operations or in undeclared 

contingencies. 

(4) Contractual Relationships. The 

contract is the only legal basis for the 

relationship between the DoD and the 

contractor. The contract shall specify 

the terms and conditions, to include 

minimum acceptable professional 

standards, under which the contractor is 

to perform, the method by which the 

contractor will be notified of the 

deployment procedures to process 

contractor personnel, and the specific 

support relationship between the 

contractor and the DoD. The contract 

shall contain standardized clauses to 

ensure efficient deployment, 

accountability, visibility, protection, 

authorized levels of health service, and 

other support, sustainment, and 

redeployment of contractor personnel. It 

shall also specify the appropriate flowdown of provisions and clauses to 

subcontracts, and shall state that the 

service performed by contractor 

personnel is not considered to be active 

duty or active service in accordance 

with DoD Directive 1000.20 (see 

http://www.dtic.mil/whs/directives/

corres/pdf/100020p.pdf) and 38 U.S.C. 

106. 

(5) Restrictions on Contracting 

Inherently Governmental Functions. 

Inherently governmental functions and 

duties are barred from private sector 

performance in accordance with DoD 

Instruction 1100.22, 48 CFR 207.503, 48 

CFR 7.5, Public Law (Pub. L.) 105–270, 

and Office of Management and Budget 

Circular A–76 (see http://

www.whitehouse.gov/omb/circulars_

a076_a76_incl_tech_correction). As 

required by 48 CFR 7.503(e), 48 CFR 

207.503, and Deputy Secretary of 

Defense Memorandum, ‘‘In-sourcing 

Contracted Services—Implementation 

Guidance’’ dated May 28, 2009, 

contracting officials shall request 

requiring officials to certify in writing 

that functions to be contracted (or to 

continue to be contracted) are not 

inherently governmental. Requiring 

officials shall determine whether 

functions are inherently governmental 

based on the guidance in DoD 

Instruction 1100.22. 


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(6) Restrictions on Contracting 

Functions Exempted From Private 

Sector Performance. As required by 48 

CFR 207.503 and Deputy Secretary of 

Defense Memorandum, ‘‘In-sourcing 

Contracted Services—Implementation 

Guidance,’’ May 28, 2009, contracting 

officials shall request requiring officials 

to certify in writing that functions to be 

contracted (or continue to be contracted) 

are not exempted from private sector 

performance. Requiring officials shall 

determine whether functions are 

exempted from private sector 

performance based on the guidance in 

DoD Instruction 1100.22. 

(7) Requirements for Contracting 

Commercial Functions. As required by 

10 U.S.C. 2463 and Deputy Secretary of 

Defense Memorandum, ‘‘In-sourcing 

Contracted Services—Implementation 

Guidance,’’ in advance of contracting for 

commercial functions or continuing to 

contract for commercial functions, 

requiring officials shall consider using 

DoD civilian employees to perform the 

work. Requiring officials shall 

determine whether DoD civilian 

employees should be used to perform 

the work based on the guidance in 

Deputy Secretary of Defense 

Memorandum, ‘‘In-sourcing Contracted 

Services—Implementation Guidance’’ 

and Deputy Secretary of Defense 

Memorandum ‘‘Implementation of 

Section 324 of the National Defense 

Authorization Act for Fiscal Year 2008 

(FY 2008 NDAA)—Guidelines and 

Procedures on In-Sourcing New and 

Contracted Out Functions,’’ April, 4, 

2008. 

(8) International Laws, Local Laws, 

and Host Nation (HN) Support 

Agreements. Planners and requiring 

activities, in coordination with 

contracting officers shall take 

international laws, local laws, and HN 

support agreements into account when 

planning for contracted support, 

through assistance and coordination of 

the staff judge advocates (SJAs) office of 

the geographic CCDRs; the Commander, 

United States Special Operations 

Command (CDRUSSOCOM); the 

Commander, United States 

Transportation Command 

(CDRUSTRANSCOM); and the Service 

component commander SJA offices. 

These laws and support agreements may 

affect contracting by restricting the 

services to be contracted, limiting 

contracted services to LN or HN 

contractor sources or, in some cases, by 

prohibiting contractor use altogether. 

(9) Status-of-Forces Agreements 

(SOFAs). Planners and requiring 

activities, in coordination with 

contracting officers shall review 

applicable SOFAs and related 

agreements to determine their affect on 

the status and use of contractors in 

support of applicable contingency 

operations, with the assistance and 

coordination of the geographic CCDR 

SJA offices. 

(b) OCS Planning. Combatant and 

subordinate JFCs determine whether 

contracted support capabilities are 

appropriate in support of a contingency. 

When contractor personnel and 

equipment are anticipated to support 

military operations, military planners 

will develop orchestrated, 

synchronized, detailed, and fully 

developed CSIPs and CMPs as 

components CONPLANs and OPLANs, 

in accordance with appropriate strategic 

planning guidance. CONPLANS without 

TPFDD and OPORDs shall contain CSIPand CMP-like guidance to the extent 

necessary as determined by the CCDR. 

OCS planning will, at a minimum, 

consider HN support agreements, 

acquisition cross-servicing agreements, 

and Military logistics support 

agreements. 

(1) CSIPs. All CCDR CONPLANs with 

TPFDD and OPLANs shall include a 

separate CSIP (i.e., Annex W) in 

accordance with Chairman of the Joint 

Chiefs of Staff Manual 3122.02C and 

Joint Publication 4–0, ‘‘Joint Logistics,’’ 

July 18, 2008. Further, plans and orders 

should contain additional contract 

support guidance, as appropriate, in 

applicable annexes and appendixes 

within the respective plans (e.g., 

contracted bulk fuel support guidance 

should be addressed in the Class III(B) 

Appendix to the Logistic Annex). 

Service component commanders shall 

provide supporting CSIPs as directed by 

the CCDR. 

(2) CMPs. All CCDR CONPLANs with 

TPFDD and OPLANs shall include a 

separate CMP and/or requisite 

contractor management requirements 

document in the applicable appendix or 

annex of these plans (e.g., private 

security contractor rules for the use of 

force should be addressed in the Rules 

of Engagement Appendix to the Concept 

of the Operation Annex) in accordance 

with Chairman of the Joint Chiefs of 

Staff Manual 3122.02C and Joint 

Publication 4–0, ‘‘Joint Logistics,’’ July 

18, 2008. Service component 

commanders shall provide supporting 

CMPs as directed by the CCDR. 

(3) Continuation of Essential 

Contractor Services. To ensure that 

critical capabilities are maintained, it is 

necessary to assess the risk of premature 

loss of mission-essential contracted 

support. Supported and supporting 

commanders shall plan for the 

mitigation from the risk of premature 

loss of contingency contractor personnel 

who are performing essential contractor 

services. Planning for continuation of 

essential contractor services during 

applicable contingency operations 

includes: 

(i) Determining all services provided 

overseas by defense contractors that 

must continue during an applicable 

contingency operation. Contracts shall 

obligate defense contractors to ensure 

the continuity of essential contractor 

services during such operations. 

(ii) Developing mitigation plans for 

those tasks identified as essential 

contractor services to provide 

reasonable assurance of continuation 

during crisis conditions. These 

mitigation plans should be developed as 

part of the normal CSIP development 

process. 

(iii) Ensuring the Secretaries of the 

Military Departments and the 

geographic CCDRs plan for the 

mitigation from the risk of premature 

loss of contingency contractor personnel 

who are performing essential contractor 

services. When the cognizant DoD 

Component Commander or geographic 

CCDR has a reasonable doubt about the 

continuation of essential services by the 

incumbent contractor during applicable 

contingency operations, the commander 

shall prepare a mitigation plan for 

obtaining the essential services from 

alternative sources (military, DoD 

civilian, HN, or other contractor(s)). 

This planning requirement also applies 

when the commander has concerns that 

the contractor cannot or will no longer 

fulfill the terms of the contract: 

(A) Because the threat level, duration 

of hostilities, or other factors specified 

in the contract have changed 

significantly; 

(B) Because U.S., international, or 

local laws; HN support agreements; or 

SOFAs have changed in a manner that 

affect contract arrangements; or 

(C) Due to political or cultural 

reasons. 

(iv) Encouraging contingency 

contractor personnel performing 

essential contractor services overseas to 

remain in the respective operations area. 

(4) Requirements for Publication. 

CCDRs shall make OCS planning 

factors, management policies, and 

specific contract support requirements 

available to affected contingency 

contractor personnel. To implement the 

OCS-related requirements of DoD 

Directive 1100.4 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

110004p.pdf), DoD Instruction 1100.19 

(see http://www.dtic.mil/whs/directives/ 

corres/pdf/110019p.pdf), DoD Directive 

5205.02 (see http://www.dtic.mil/whs/ 

directives/corres/pdf/520502p.pdf), the 

mandated CCDR Web site at http:// 


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81816 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 

www.acq.osd.mil/dpap/pacc/cc/ 

areas_of_responsibility.html shall 

include the information in paragraphs 

(b)(4)(i) through (b)(4)(ix) of this section 

(the data owner must review this 

information for security classification 

and OPSEC considerations prior to its 

posting). 

(i) Theater Business Clearance and 

Contract Administration Delegation 

requirements for external support and 

systems support contracts executing or 

delivering contracted support in the 

CCDR’s AOR (implemented at the 

CCDR’s discretion). 

(ii) Restrictions imposed by 

applicable international and local laws, 

SOFAs, and HN support agreements. 

(iii) CAAF-related deployment 

requirements and theater reception. 

(iv) Reporting requirements for 

accountability of contractor personnel 

and visibility of contracts. 

(v) OPSEC plans and restrictions. 

(vi) Force protection policies. 

(vii) Personnel recovery procedures. 

(viii) Availability of medical and 

other Government-furnished support. 

(ix) Redeployment procedures. 

(5) Implementing OCS Plan Decisions 

Into Contracts. 

(i) Specific contract-related 

considerations and requirements set 

forth in Annex Ws of CONPLANs with 

TPFDD and OPLANs shall be reflected 

and addressed in CCDR policies (e.g., 

Theater Business Clearance/Contract 

Administration Delegation) and orders 

that apply to contractors and their 

personnel, maintained on CCDR OCS 

Web pages and integrated into contracts 

performing or delivering in a CCDR area 

of responsibility. When such CCDR 

policies potentially affect contracts 

other than those originated in the CCDR 

AOR, the CCDR should consult the 

contingency contracting section of the 

Office of the Director, DPAP, for advice 

on how best to implement these 

policies. All contracted services in 

support of contingency operations shall 

be included and accounted for in 

accordance with 10 U.S.C. 235 and 

2330a. This accounting shall be 

completed by the operational CCDR 

requiring the service. 

(ii) When making logistics 

sustainability recommendations, the 

DoD Components and acquisition 

managers shall consider the 

requirements of DoD Instruction 

5000.02 (see http://www.dtic.mil/whs/ 

directives/corres/pdf/500002p.pdf) and 

paragraph (a)(5) of this section. Early in 

the contingency or crisis action 

planning process, they shall coordinate 

with the affected supported and 

supporting commands any anticipated 

requirements for contractor logistics 

support arrangements that may affect 

existing CONPLANs, OPLANs, and 

OPORDs. As part of the supporting 

plans, supporting organizations (Service 

components, defense agencies, others) 

must provide adequate data (e.g., 

estimates of the numbers of contractors 

and contracts and the types of supplies 

or services that will be required to 

support their responsibilities within the 

OPLAN) to the supported command 

planners to ensure the supported 

commander has full knowledge of the 

magnitude of contracted support 

required for the applicable contingency 

operation. 

(6) TPFDD Development. Deployment 

data for CAAF and their equipment 

supporting the Military Services must 

be incorporated into TPFDD 

development and deployment execution 

processes in accordance with Chairman 

of the Joint Chiefs of Staff Manual 

3122.02C (see https://ca.dtic.mil/cjcs_

directives/cjcs/manuals.htm). The 

requirement to provide deployment data 

shall be incorporated into known 

system support and external support 

contracts and shall apply regardless of 

whether defense contractors will 

provide or arrange their own 

transportation. 

(c) Deployment and Theater 

Admission Requirements and 

Procedures. The considerations in this 

section are applicable during CAAF 

deployment processing. 

(1) General. 

(i) The CCDR or subordinate JFC shall 

provide specific deployment and theater 

admission requirements to the DoD 

Components for each applicable 

contingency operation. These 

requirements must be delineated in 

supporting contracts as explained in 48 

CFR PGI 225.74. At a minimum, 

contracting officers shall ensure that 

contracts address operational areaspecific contract requirements and the 

means by which the Government will 

inform contractors of the requirements 

and procedures applicable to a 

deployment. 

(ii) A formally designated group, joint, 

or Military Department deployment 

center (e.g., replacement center, Federal 

deployment center, unit deployment 

site) shall be used to conduct 

deployment and redeployment 

processing for CAAF, unless contractorperformed theater admission 

preparation is authorized according to 

paragraph (c)(5), or waived pursuant to 

paragraph (c)(15), of this section. 

However, a Government-authorized 

process that incorporates all the 

functions of a deployment center may 

be used if designated in the contract. 

(2) Country Entry Requirements. 

Special area, country, and theater 

personnel clearance documents must be 

current in accordance with the DoD 

Foreign Clearance Guide (available at 

https://www.fcg.pentagon.mil/) and 

coordinated with affected agencies (e.g., 

Intelligence Community agencies) to 

ensure that entry requirements do not 

impact accomplishment of mission 

requirements. CAAF employed in 

support of a DoD mission are considered 

DoD-sponsored personnel for DoD 

Foreign Clearance Guide purposes. 

Contracting officers shall ensure 

contracts include a requirement that 

CAAF must meet theater personnel 

clearance requirements and must obtain 

personnel clearances prior to entering 

applicable contingency operations. 

Contracts shall require CAAF to obtain 

proper identification credentials (e.g., 

passport, visa) as required by the terms 

and conditions of the contract. 

(3) Accountability and Visibility of 

Contingency Contracts and Contractor 

Personnel. 

(i) DoD contracts and contractors 

supporting an applicable contingency 

operation shall be accountable and 

visible in accordance with this part, 48 

CFR PGI 225.74, and section 862 of 

Public Law 110–181 (‘‘National Defense 

Authorization Act for Fiscal Year 2008,’’ 

January 28, 2008). Additionally, 

contract linguist utilization will be 

tracked using the Contract Linguist 

Enterprise-wide Database in accordance 

with DoD Directive 5160.41E. OCS 

requirements and contractor 

accountability and visibility must be 

preplanned and integrated into plans 

and OPORDs in accordance with Joint 

Publication 4–10 and Chairman of the 

Joint Chiefs of Staff Manual 3122.02C 

and U.S. citizen, U.S. legal alien 

contractor, LN, and TCN information 

provided in accordance with CJCS 

Manual 3150.13C (see http://

www.dtic.mil/cjcs_directives/cdata/

unlimit/m315013.pdf). 

(ii) As stated in the Deputy Under 

Secretary of Defense (Logistics and 

Materiel Readiness) and Deputy Under 

Secretary of Defense (Program 

Integration) Memorandum, ‘‘Designation 

of Synchronized Predeployment and 

Operational Tracker (SPOT) as Central 

Repository for Information on 

Contractors Deploying with the Force,’’ 

January 25, 2007 (see http://

www2.centcom.mil/sites/contracts/

Synchronized%20Predeployment

%20and%20Operational%20Tracker/ 

01–SPOT%20DFARS%20Deviation%

202007–00004,

%2019%20MAR%2007.pdf), SPOT was 

designated as the joint web-based 

database to assist the CCDRs in 


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Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 81817 

maintaining awareness of the nature, 

extent, and potential risks and 

capabilities associated with OCS for 

contingency operations, humanitarian 

assistance and peacekeeping operations, 

or military exercises designated by the 

CCDR. To facilitate integration of 

contingency contractors and other 

personnel as directed by the 

USD(AT&L) or the CCDR, and to ensure 

accountability, visibility, force 

protection, medical support, personnel 

recovery, and other related support can 

be accurately forecasted and provided, 

these procedures shall apply for 

establishing, maintaining, and 

validating the database: 

(A) SPOT or its successor shall: 

(1) Serve as the central repository for 

up-to-date status and reporting on 

contingency contractor personnel as 

directed by the USD(AT&L), 48 CFR 

252.225–7040 and 48 CFR PGI 225.74, 

or the CCDR, as well as other 

Government agency contractor 

personnel as applicable. 

(2) Track contract information for all 

DoD contracts supporting applicable 

contingency operations, as directed by 

the USD(AT&L), 48 CFR PGI 225.74 and 

Chairman of the Joint Chiefs of Staff 

Manual 3150.13C, or the CCDR. SPOT 

data elements are intended to provide 

planners and CCDRs an awareness of 

the nature, extent, and potential risks 

and capabilities associated with 

contracted support. 

(3) Provide personnel accountability 

via unique identifier (e.g., Electronic 

Data Interchange Personnel Identifier 

(EDI–PI)) of DoD contingency contractor 

personnel and other personnel as 

directed by the USD(AT&L), 48 CFR PGI 

225.74, Chairman of the Joint Chiefs of 

Staff Manual 3150.13C, or the CCDR. 

(4) Contain, or link to, minimum 

contract information (e.g., contract 

number, contract category, period of 

performance, contracting agency and 

contracting office) necessary to establish 

and maintain accountability and 

visibility of the personnel in paragraph 

(c)(3)(ii)(A)1. of this section, to maintain 

information on specific equipment 

related to private security contracts, and 

the contract capabilities in contingency 

operations, humanitarian assistance, 

and peacekeeping operations, or 

military exercises designated by the 

CCDR. 

(5) Comply with the personnel 

identity protection program 

requirements of DoD Directive 5205.02, 

DoD 5400.11–R (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

540011r.pdf), and DoD 6025.18–R (see 

http://www.dtic.mil/whs/directives/ 

corres/pdf/602518r.pdf); be consistent 

with the DoD Global Information Grid 

enterprise architecture in DoD Directive 

8000.01 (see http://www.dtic.mil/whs/ 

directives/corres/pdf/800001p.pdf); and 

be compliant with DoD Directive 

8320.02 (see http://www.dtic.mil/whs/ 

directives/corres/pdf/832002p.pdf), DoD 

Directive 4630.05 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

463005p.pdf), and DoD Directive 

8500.01E (see http://www.dtic.mil/whs/ 

directives/corres/pdf/850001p.pdf). 

(B) All required data must be entered 

into SPOT or its successor before a 

contractor employee is permitted to 

deploy to or enter a military theater of 

operations. Contracting officers, through 

the terms of the contracts, shall require 

contractors to enter data before an 

employee’s deployment and to maintain 

and update the information for all 

CAAF, as well as non-CAAF as directed 

by the USD(AT&L), 48 CFR PGI 225.74, 

or the CCDR. The contract shall require 

the contractor to use SPOT or its 

successor, to enter and maintain data on 

its employees. 

(C) A summary of all DoD contract 

services or capabilities for all contracts 

that are awarded to support 

contingency, humanitarian assistance, 

and peacekeeping operations, to include 

theater, external, and systems support 

contracts, shall be entered into SPOT or 

its successor in accordance with 48 CFR 

252.225–7040 and 48 CFR PGI 225.74. 

(D) In accordance with applicable 

acquisition policy and regulations, all 

defense contractors awarded contracts 

that support applicable contingency 

operations shall be required, under the 

terms and conditions of each affected 

contract, to input employee data and 

maintain by-name accountability of 

designated contractor personnel in 

SPOT or its successor as required by 48 

CFR 252.225–7040 and 48 CFR PGI 

225.74. Contractors shall be required 

under the terms and conditions of their 

contracts to maintain policies and 

procedures for knowing the general 

location of their employees and to 

follow the procedures provided to them 

to submit up-to-date, real-time 

information reflecting all personnel 

deployed or to be deployed in support 

of contingency, humanitarian 

assistance, and peacekeeping 

operations. Prime contractors shall be 

required under the terms and conditions 

of their contract to follow the procedure 

provided to them to submit into SPOT 

or its successor, up-to-date, real-time 

information regarding their 

subcontractors at all tiers. 

(E) In all cases, classified information 

responsive to the requirements of this 

part shall be reported and maintained 

on systems approved for the level of 

classification of the information 

provided. 

(4) LOA. A SPOT-generated LOA shall 

be issued by the contracting officer or 

designee to all CAAF as required by the 

clause in 48 CFR subpart 252.225–7040 

and selected non-CAAF (e.g., LN private 

security contractors) as required under 

48 CFR PGI 225.74 or otherwise 

designated by the CCDR. The contract 

shall require that all contingency 

contractor personnel who are issued an 

LOA will carry the LOA with them at all 

times. For systems authorized in 

accordance with paragraph (c)(3)(ii)(B) 

of this section, DoD Components shall 

coordinate with the SPOT program 

manager to obtain an LOA handled 

within appropriate security guidelines. 

(5) Deployment Center Procedures. 

(i) Affected contracts shall require 

that all CAAF process through a 

designated deployment center or a 

Government-authorized, contractorperformed deployment processing 

facility prior to deploying to an 

applicable contingency operation. Upon 

receiving the contracted company’s 

certification that employees meet 

deployability requirements, the 

contracting officer or his/her 

representative will digitally sign the 

LOA. The LOA will be presented to 

officials at the deployment center. The 

deployment process shall be for, but not 

limited to: 

(A) Verifying accountability 

information in SPOT or its successor. 

(B) Issuing applicable Governmentfurnished equipment. 

(C) Verifying medical and dental 

screening, including required militaryspecific vaccinations and 

immunizations (e.g., anthrax, smallpox). 

(D) Verifying and, when necessary, 

providing required training (e.g., Geneva 

Conventions; law of armed conflict; 

general orders; standards of conduct; 

force protection; personnel recovery; 

first aid; operations security; antiterrorism; counterintelligence reporting; 

the use of chemical, biological, 

radiological, nuclear (CBRN) protective 

ensemble), country and cultural 

awareness briefings, and other training 

and briefings as appropriate. 

(ii) Affected contingency contracts 

shall require that, prior to deployment, 

contractors certify to the Government 

authorizing representative named in the 

contract that all required deployment 

processing actions have been completed 

for each individual. 

(6) CAAF Identification, Training, and 

Security Clearance Requirements. 

Contracts shall require eligible CAAF to 

be issued an identification card with the 

Geneva Conventions Accompanying the 

Force designation in accordance with 


tkelley on DSK3SPTVN1PROD with RULES
81818 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 

DoD Instruction 1000.13 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

100013p.pdf) and DTM 08–003 (see 

http://www.dtic.mil/whs/directives/ 

corres/pdf/DTM-08-003.pdf). CAAF 

shall be required to present their SPOT 

generated LOA as proof of eligibility at 

the time of ID card issuance. All CAAF 

shall receive training regarding their 

status under the law of war and the 

Geneva Convention. In addition and to 

the extent necessary, the contract shall 

require the defense contractor to 

provide personnel who have the 

appropriate security clearance or are 

able to satisfy the appropriate 

background investigation to obtain 

access required for the applicable 

contingency operation. 

(7) Government Support. Generally, 

contingency contracts shall require that 

contractors provide all life, mission, and 

administrative support to their 

employees necessary to perform the 

contract in accordance with DoD 

Instruction 4161.02 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

416102p.pdf) and CCDR guidance as 

posted on the CCDR OCS Web site. As 

part of preparing an acquisition 

requirement, the requiring activity will 

include an estimate of the Government 

support that is required to be provided 

to CAAF and selected non-CAAF in 

accordance with 48 CFR 4.1301, 4.1303, 

52.204–9, 7.5, 7.503(e), 2.101, and 3.502 

and 48 CFR PGI 225.74. The requiring 

activity will confirm with theater 

adjudication authorities that the 

Government has the capacity, 

capability, and willingness to provide 

the support. However, in many 

contingency operations, especially those 

in which conditions are austere, 

uncertain, and/or non-permissive, the 

contracting officer may decide it is in 

the interest of the Government to allow 

for selected life, mission, medical, and 

administrative support to some 

contingency contractor personnel. Prior 

to awarding the contract, the contracting 

officer will request the requiring activity 

to verify that proper arrangements for 

Government support at the deployment 

center and within the designated 

operational area have been made. The 

contract shall specify the level of 

Government-furnished support to be 

provided to CAAF and selected nonCAAF and what support is reimbursable 

to the Government. The requiring 

activity will ensure that approved GFS 

is available. 

(8) Medical Preparation. 

(i) In accordance with § 158.7 of this 

part, contracts shall require that 

contractors provide medically and 

physically qualified contingency 

contractor personnel to perform duties 

in applicable contingency operations as 

outlined in the contract. Any CAAF 

deemed unsuitable to deploy during the 

deployment process due to medical or 

dental reasons will not be authorized to 

deploy. The Secretary of Defense may 

direct immunizations as mandatory for 

CAAF performing DoD-essential 

contractor services in accordance with 

Joint Publication 4–0, ‘‘Joint Logistics’’, 

and Chairman of the Joint Chiefs of Staff 

Manual 3150.13C. For CAAF who are 

U.S. citizens, contracts shall require 

contractors to make available the 

medical and dental records (including 

current panographic x-ray) of the 

deploying employees who grant release 

authorization for this purpose, 

according to contract terms based on 

this section, DoD Directive 6485.02E 

(see http://www.dtic.mil/whs/directives/ 

corres/pdf/648502p.pdf), applicable 

joint force command surgeon guidance, 

and relevant Military Department 

policy. 

(ii) Government personnel cannot 

force a contractor employee to receive 

an immunization or disclose private 

medical records against his or her will; 

therefore, particularly for medical 

requirements that arise after contract 

award, the contracting officer will allow 

contractors time to notify and/or hire 

employees who are willing to meet 

Government medical requirements and 

disclose their private information. 

(iii) Medical threat pre-deployment 

briefings will be provided to all CAAF 

to communicate health risks and 

countermeasures in the designated 

operational area in accordance with 

DoD Instruction 6490.03 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

649003p.pdf). Health readiness, force 

health protection capability, either as a 

responsibility of the contractor or the 

DoD Components, will be fully 

delineated in plans, orders, and 

contracts to ensure appropriate medical 

staffing in the operational area. Health 

surveillance activities shall also include 

plans for contingency contractor 

personnel who are providing essential 

contractor services (as detailed in DoD 

Directive 6490.02E (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

649002Ep.pdf)). Deoxyribonucleic acid 

(DNA) collection and other medical 

requirements are further addressed in 

§ 158.7 of this part. 

(9) Individual Protective Equipment 

(IPE). When necessary and directed by 

CCDR, the contracting officer will 

include language in the contract 

authorizing CAAF and selected nonCAAF, as designated by the CCDR, to be 

issued military IPE (e.g., CBRN 

protective ensemble, body armor, 

ballistic helmet) in accordance with 

DoD Directive 1100.4. This equipment 

shall typically be issued at the 

deployment center, before deployment 

to the designated operational area, and 

must be accounted for and returned to 

the Government or otherwise accounted 

for in accordance with appropriate DoD 

Component standing regulations 

(including DoD Instruction 4161.2 (see 

http://www.dtic.mil/whs/directives/ 

corres/pdf/416102p.pdf), directives, 

instructions, and supplementing 

publications). It is important to plan and 

resource IPE as required by the 

geographic CCDR or subordinate JFC, 

and the terms of the contract. Training 

on the proper care, fitting, and 

maintenance of issued protective 

equipment will be provided as part of 

contractor deployment training. This 

training will include practical exercises 

within the context of the various 

mission-oriented protective posture 

levels. When a contractor is required 

under the terms and conditions of the 

contract to provide IPE, such IPE shall 

meet minimum standards as defined by 

the contract. 

(10) Clothing. Defense contractors or 

their personnel are responsible for 

providing their own personal clothing, 

including casual and working clothing 

required by the assignment. Generally, 

commanders shall not issue military 

clothing to contractor personnel or 

allow the wearing of military or military 

look-alike uniforms. However, a CCDR 

or subordinate JFC deployed forward 

may authorize contractor personnel to 

wear standard uniform items for 

operational reasons. Contracts shall 

require that this authorization be in 

writing and maintained in the 

possession of authorized contractor 

personnel at all times. When 

commanders issue any type of standard 

uniform item to contractor personnel, 

care must be taken to ensure, consistent 

with force protection measures, that 

contractor personnel are distinguishable 

from military personnel through the use 

of distinctive patches, arm bands, 

nametags, or headgear. 

(11) Weapons. Contractor personnel 

shall not be authorized to possess or 

carry firearms or ammunition during 

applicable contingency operations 

except as provided in paragraphs (d)(5) 

and (d)(6) of this section and in 32 CFR 

part 159. The contract shall provide the 

terms and conditions governing the 

possession of firearms. 

(12) Training. Joint training policy 

and guidance for the Military Services, 

including DoD contractors, is provided 

in CJCS Instruction 3500.01F (see 

http://www.dtic.mil/doctrine/training/ 

cjcsi3500_01f.pdf). Standing training 

requirements shall be placed on the 


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Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 81819 

CCDR OCS Web sites for reference by 

contractors. Training requirements that 

are specific to the operation shall be 

placed on the CCDR Web sites 

immediately after a declared 

contingency so contracting officers can 

incorporate them into the appropriate 

contracts as soon as possible. Training 

requirements must be contained or 

incorporated by reference in contracts 

employing contractor personnel in 

support of an applicable contingency 

operation. Training requirements 

include specific training requirements 

established by the CCDR and training 

required in accordance with this part, 

32 CFR part 159, DoD Directive 2000.12 

(see http://www.dtic.mil/whs/directives/ 

corres/pdf/200012p.pdf), and DoD 

Instruction 2000.16 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

200016p.pdf and DoD Instruction 

1300.23 (see http://www.dtic.mil/whs/ 

directives/corres/pdf/130023p.pdf). 

(13) Legal Assistance. Individual 

contractor personnel are responsible to 

have their personal legal affairs in order 

(including preparing and completing 

powers of attorney, wills, trusts, estate 

plans, etc.) before reporting to 

deployment centers. Contractor 

personnel are not entitled to military 

legal assistance either in-theater or at 

the deployment center. 

(14) Contractor Integration. It is 

critical that CAAF brought into an 

operational area are properly integrated 

into the military operation through a 

formal reception process. This shall 

include, at a minimum, ensuring as they 

move into and out of the operational 

area, and commensurate with local 

threat levels, that they: 

(i) Have met theater entry 

requirements and are authorized to 

enter the theater. 

(ii) Are accounted for. 

(iii) Possess any required IPE, 

including CBRN protective ensemble. 

(iv) Have been authorized any 

required Government-furnished support 

and force protection. 

(15) Waivers. For contract support in 

the operational area that is required for 

less than 30 consecutive days, the CCDR 

or designee may waive a portion of the 

formal procedural requirements in 

paragraph (c)(5) of this section, which 

may include waiving the requirement 

for processing through a deployment 

center. However, the requirements to 

possess proper identification cards and 

to establish and maintain accountability 

and visibility for all defense contractors 

in accordance with applicable policy 

shall not be waived, nor shall any 

medical requirement be waived without 

the prior approval of qualified medical 

personnel. If contingency contractor 

personnel are authorized to be armed, 

the requirements of paragraphs (d)(5) 

and (d)(6) of this section cannot be 

waived. 

(d) Contractor In-Theater 

Management Requirements. The DoD 

Components shall adhere to the intheater management policies of this 

section in managing contingency 

contractor personnel in support of 

applicable contingency operations. 

(1) Reception. All CAAF shall be 

processed into the operational area 

through a designated reception site. The 

site shall verify, based upon a visual 

inspection of the LOA, that contractor 

personnel are entered into SPOT or its 

successor, and verify that personnel 

meet theater-specific entry 

requirements. Contractor personnel 

already in the designated operational 

area when a contingency is declared 

must report to the appropriate 

designated reception site as soon as it is 

operational. If any CAAF does not have 

the proper documentation, the person 

will be refused entry into the theater, 

and the contracting officer will notify 

the contractor to take action to resolve 

the reason for the lack of proper 

documentation for performing in that 

area. Should the contractor fail to take 

that action, the person shall be sent back 

to his or her departure point, or directed 

to the Service component command or 

Defense Agency responsible for that 

specific contract for theater entrance 

processing. 

(2) Contractor Use Restrictions. 

CCDRs, through their respective 

contracting officers or their 

representatives, may place specific 

restrictions on locations or timing of 

contracted support based on the 

prevailing operational situation, in 

coordination with subordinate 

commanders and the applicable Defense 

Agencies. 

(3) Contractor Security Screening. 

Contractor screening requirements for 

CAAF and non-CAAF who require 

access to U.S. facilities will be 

integrated into OPSEC programs and 

plans. 

(4) Contractor Conduct and 

Discipline. Terms and conditions of 

contracts shall require that CAAF 

comply with theater orders, applicable 

directives, laws, and regulations, and 

that employee discipline is maintained. 

Non-CAAF who require base access will 

be directed to follow base force 

protection and security-related 

procedures as applicable. 

(i) Contracting officers are the legal 

link between the requiring activity and 

the contractor. The contracting officer 

may appoint a designee (usually a COR) 

as a liaison between the contracting 

officer and the contractor and requiring 

activity. This designee monitors and 

reports contractor performance and 

requiring activity concerns to the 

contracting officer. The requiring 

activity has no direct contractual 

relationship with or authority over the 

contractor. However, the ranking 

military commander may, in emergency 

situations (e.g., enemy or terrorist 

actions or natural disaster), urgently 

recommend or issue warnings or 

messages urging that CAAF and nonCAAF personnel take emergency actions 

to remove themselves from harm’s way 

or take other appropriate self-protective 

measures. 

(ii) The contractor is responsible for 

disciplining contingency contractor 

personnel. However, in accordance with 

paragraph (h)(1) of 48 CFR 252.225– 

7040, the contracting officer may direct 

the contractor, at its own expense, to 

remove and replace any contingency 

contractor personnel who jeopardize or 

interfere with mission accomplishment, 

or whose actual field performance 

(certification/professional standard) is 

well below that stipulated in the 

contract, or who fail to comply with or 

violate applicable requirements of the 

contract. Such action may be taken at 

Government discretion without 

prejudice to its rights under any other 

provision of the contract, including the 

Termination for Default. A commander 

also has the authority to take certain 

actions affecting contingency contractor 

personnel, such as the ability to revoke 

or suspend security access or impose 

restrictions from access to military 

installations or specific worksites. 

(iii) CAAF, with some restrictions 

(e.g., LN CAAF are not subject to MEJA), 

are subject to prosecution under MEJA 

and UCMJ in accordance with 18 U.S.C. 

7(9), 2441, and 3261 and Secretary of 

Defense Memorandum, ‘‘UCMJ 

Jurisdiction Over DoD Civilian 

Employees, DoD Contractor Personnel, 

and Other Persons Serving With or 

Accompanying the Armed Forces 

Overseas During Declared War and in 

Contingency Operations,’’ March 10, 

2008. Commanders possess significant 

authority to act whenever criminal 

activity is committed by anyone subject 

to MEJA and UCMJ that relates to or 

affects the commander’s 

responsibilities. This includes situations 

in which the alleged offender’s precise 

identity or actual affiliation is to that 

point undetermined. Secretary of 

Defense Memorandum, ‘‘UCMJ 

Jurisdiction Over DoD Civilian 

Employees, DoD Contractor Personnel, 

and Other Persons Serving With or 

Accompanying the Armed Forces 

Overseas During Declared War and in 


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Contingency Operations,’’ March 10, 

2008, sets forth the scope of this 

command authority in detail. 

Contracting officers will ensure that 

contractors are made aware of their 

status and liabilities as CAAF and the 

required training requirements 

associated with this status. Subject to 

local or HN law, SOFA, and the 

jurisdiction of the Department of State 

(e.g., consulate or chief of mission) over 

civilians in another country, 

commanders retain authority to respond 

to an incident, restore safety and order, 

investigate, apprehend suspected 

offenders, and otherwise address the 

immediate needs of the situation. 

(iv) The Department of Justice may 

prosecute misconduct under applicable 

Federal laws, including MEJA and 18 

U.S.C. 2441. Contingency contractor 

personnel are also subject to the 

domestic criminal laws of the local 

nation absent a SOFA or international 

agreement to the contrary. When 

confronted with disciplinary problems 

involving contingency contractor 

personnel, commanders shall seek the 

assistance of their legal staff, the 

contracting officer responsible for the 

contract, and the contractor’s 

management team. 

(v) In the event of an investigation of 

reported offenses alleged to have been 

committed by or against contractor 

personnel, appropriate investigative 

authorities shall keep the contracting 

officer informed, to the extent possible 

without compromising the 

investigation, if the alleged offense has 

a potential contract performance 

implication. 

(5) Force Protection and Weapons 

Issuance. CCDRs shall develop security 

plans for protection of CAAF and 

selected non-CAAF (e.g., those working 

on a military facility or as otherwise 

determined by the operational 

commander) in locations where the civil 

authority is either insufficient or 

illegitimate, and the commander 

determines it is in the interests of the 

Government to provide security because 

the contractor cannot obtain effective 

private security services; such services 

are unavailable at a reasonable cost; or 

threat conditions necessitate security 

through military means. 

(i) In appropriate cases, the CCDR 

may provide security through military 

means commensurate with the level of 

security provided DoD civilians. 

Specific security measures shall be 

mission and situation dependent as 

determined by the CCDR and provided 

to the contracting officer. The 

contracting officer shall include in the 

contract the level of protection to be 

provided to contingency contractor 

personnel as determined by the CCDR or 

subordinate JFC. Specific procedures for 

determining requirements for and 

integrating contractors into the JOA 

force protection structure will be placed 

on the geographic CCDR Web sites. 

(ii) Contracts shall require all 

contingency contractor personnel to 

comply with applicable CCDR and local 

commander force protection policies. 

Contingency contractor personnel 

working within a U.S. Military facility 

or in close proximity of U.S. Military 

forces may receive incidentally the 

benefits of measures undertaken to 

protect U.S. forces in accordance with 

DoD Directive 2000.12 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

200012p.pdf). However, it may be 

necessary for contingency contractor 

personnel to be armed for individual 

self-defense. Procedures for arming for 

individual self-defense are: 

(A) According to applicable U.S., HN, 

or international law; relevant SOFAs; 

international agreements; or other 

arrangements with local authorities and 

on a case-by-case basis when military 

force protection and legitimate civil 

authority are deemed unavailable or 

insufficient, the CCDR (or a designee no 

lower than the general/flag officer level) 

may authorize contingency contractor 

personnel to be armed for individual 

self-defense. 

(B) The appropriate SJA to the CCDR 

shall review all applications for arming 

contingency contractor personnel on a 

case-by-case basis to ensure there is a 

legal basis for approval. In reviewing 

applications, CCDRs shall apply the 

criteria mandated for arming 

contingency contractor personnel for 

private security services provided in 

paragraph (d)(6) of this section and 32 

CFR part 159. In such cases, the 

contractor will validate to the 

contracting officer, or designee, that 

weapons familiarization, qualification, 

and briefings regarding the rules for the 

use of force have been provided to 

contingency contractor personnel in 

accordance with CCDR policies. 

Acceptance of weapons by contractor 

personnel shall be voluntary and 

permitted by the defense contractor and 

the contract. In accordance with 

paragraph (j) of 48 CFR 252.225–7040, 

the contract shall require that the 

defense contractor ensure such 

personnel are not prohibited by U.S. law 

from possessing firearms. 

(C) When armed for personal 

protection, contingency contractor 

personnel are only authorized to use 

force for individual self-defense. Unless 

immune from local laws or HN 

jurisdiction by virtue of an international 

agreement or international law, the 

contract shall include language advising 

contingency contractor personnel that 

the inappropriate use of force could 

subject them to U.S. and local or HN 

prosecution and civil liability. 

(6) Use of Contractor Personnel for 

Private Security Services. If, consistent 

with applicable U.S., local, and 

international laws; relevant HN 

agreements, or other international 

agreements and this part, a defense 

contractor may be authorized to provide 

private security services for other than 

uniquely military functions as identified 

in DoD Instruction 1100.22. Specific 

procedures relating to contingency 

contractor personnel providing private 

security services are provided in 32 CFR 

part 159. 

(7) Personnel Recovery, Missing 

Persons, and Casualty Reporting. 

(i) DoD Directive 3002.01E (see 

http://www.dtic.mil/whs/directives/ 

corres/pdf/300201p.pdf) outlines the 

DoD personnel recovery program and 

Joint Publication 3–50 (see http:// 

www.dtic.mil/dpmo/laws_directives/ 

documents/joint_pu_3_50.pdf) details 

its doctrine. The DoD personnel 

recovery program covers all CAAF 

employees regardless of their 

citizenship. If a CAAF becomes isolated 

or unaccounted for, the contractor must 

expeditiously file a search and rescue 

incident report (SARIR) (available at 

http://www.armystudyguide.com/ 

content/the_tank/ 

army_report_and_message_formats/ 

search-and-rescue-inciden.shtml) to the 

theater’s personnel recovery 

architecture, i.e., the component 

personnel recovery coordination cell or 

the Combatant Command joint 

personnel recovery center. 

(ii) Upon recovery following an 

isolating event, a CAAF returnee shall 

enter the first of three phases of 

reintegration in DoD Instruction 2310.4 

(see http://www.dtic.mil/whs/directives/ 

corres/pdf/231004p.pdf). The additional 

phases of reintegration in DoD 

Instruction 2310.4 shall be offered to the 

returnee to ensure his or her physical 

and psychological well being while 

adjusting to the post-captivity 

environment. 

(iii) Accounting for missing persons, 

including contractors, is addressed in 

DoD Directive 2310.07E (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

231007p.pdf). Evacuation of dependents 

of contractor personnel is addressed in 

DoD Directive 3025.14 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

302514p.pdf). All CAAF and non-CAAF 

casualties shall be reported in 

accordance with Joint Publication 1–0, 

‘‘Personnel Support to Joint 

Operations,’’ October 16, 2006 (see 


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http://www.dtic.mil/doctrine/new_pubs/ 

jp1_0.pdf) and ASD(L&MR) Publication, 

‘‘Business Rules for the Synchronized 

Predeployment and Operational Tracker 

(SPOT),’’ current edition. (See http:// 

www.acq.osd.mil/log/PS/spot.html) 

(8) Mortuary Affairs. 

(i) CAAF who die while in support of 

U.S. forces shall be covered by the DoD 

mortuary affairs program as described in 

DoD Directive 1300.22 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

130022p.pdf). Every effort shall be made 

to identify remains and account for unrecovered remains of contractors and 

their dependents who die in military 

operations, training accidents, and other 

multiple fatality incidents. The remains 

of CAAF who are fatalities resulting 

from an incident in support of military 

operations deserve and shall receive the 

same dignity and respect afforded 

military remains. 

(ii) The DoD may provide mortuary 

support for the disposition of remains 

and personal effects at the request of the 

Department of State. The USD(P&R) 

shall coordinate this support with the 

Department of State to include cost 

reimbursement, where appropriate. The 

disposition of non-CAAF contractors 

(LNs and TCNs) shall be given the same 

dignity and respect afforded U.S. 

personnel. The responsibility for 

coordinating the transfer of these 

remains to the HN or affected nation 

resides with the geographic CCDR in 

coordination and conjunction with the 

Department of State through the 

embassies or the International Red 

Cross, as appropriate, and in accordance 

with applicable contract provisions. 

(9) Medical Support and Evacuation. 

Theater-specific contract language to 

clarify available healthcare can be found 

on the CCDR Web sites. During 

applicable contingency operations in 

austere, uncertain, and/or hostile 

environments, CAAF may encounter 

situations in which they are unable to 

access medical support on the local 

economy. Generally, the DoD will only 

provide resuscitative care, stabilization, 

hospitalization at Level III medical 

treatment facilities (MTFs), and 

assistance with patient movement in 

emergencies where loss of life, limb, or 

eyesight could occur. Hospitalization 

will be limited to stabilization and 

short-term medical treatment with an 

emphasis on return to duty or 

placement in the patient movement 

system in accordance with DoD 

Instruction 6000.11 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

600011p.pdf). All costs associated with 

the treatment and transportation of 

CAAF to the selected civilian facility are 

reimbursable to the Government and 

shall be the responsibility of contractor 

personnel, their employers, or their 

health insurance providers. Nothing in 

this paragraph is intended to affect the 

allowability of costs incurred under a 

contingency contract. Medical support 

and evacuation procedures are: 

(i) Emergency Medical and Dental 

Care. All CAAF will normally be 

afforded emergency medical and dental 

care if injured while supporting 

contingency operations. Additionally, 

non-CAAF employees who are injured 

while in the vicinity of U.S. forces will 

also normally receive emergency 

medical and dental care. Emergency 

medical and dental care includes 

medical care situations in which life, 

limb, or eyesight is jeopardized. 

Examples of emergency medical and 

dental care include examination and 

initial treatment of victims of sexual 

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

bones, lacerations, infections; and 

traumatic injuries to the dentition. 

(ii) Primary Care. Primary medical or 

dental care normally will not be 

authorized or be provided to CAAF by 

MTFs. When required and authorized 

by the CCDR or subordinate JFC, this 

support must be specifically authorized 

under the terms and conditions of the 

contract and detailed in the 

corresponding LOA. Primary care is not 

authorized for non-CAAF employees. 

Primary care includes routine inpatient 

and outpatient services, non-emergency 

evacuation, pharmaceutical support, 

dental services, and other medical 

support as determined by appropriate 

military authorities based on 

recommendations from the joint force 

command surgeon and on the existing 

capabilities of the forward-deployed 

MTFs. 

(iii) Long-Term Care. The DoD shall 

not provide long-term care to contractor 

personnel. 

(iv) Quarantine or Restriction of 

Movement. The CCDR or subordinate 

commander has the authority to 

quarantine or restrict movement of 

contractor personnel according to DoD 

Instruction 6200.03 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

620003p.pdf). 

(v) Evacuation. Patient movement of 

CAAF shall be performed in accordance 

with DoD Instruction 6000.11 (see 

http://www.dtic.mil/whs/directives/ 

corres/pdf/600011p.pdf). When CAAF 

are evacuated for medical reasons from 

the designated operational area to MTFs 

funded by the Defense Health Program, 

normal reimbursement policies will 

apply for services rendered by the 

facility. Should CAAF require medical 

evacuation outside the continental 

United States (OCONUS), the sending 

MTF shall assist CAAF in making 

arrangements for transfer to a civilian 

facility of their choice. When U.S. forces 

provide emergency medical care to nonCAAF, these patients will be evacuated 

or transported via national means (when 

possible) to their local medical systems. 

(10) Other Government-Furnished 

Support. In accordance with DoD 

Component policy and consistent with 

applicable laws and international 

agreements, Government-furnished 

support may be authorized or required 

when CAAF and selected non-CAAF are 

deployed with or otherwise provide 

support in the theater of operations to 

U.S. Military forces deployed OCONUS. 

Types of support are listed in 48 CFR 

PGI 225.74 and may include 

transportation to and within the 

operational area, mess operations, 

quarters, phone service, religious 

support, and laundry. 

(i) In operations where no reliable or 

local mail service is available, CAAF 

who are U.S. citizens will be authorized 

postal support in accordance with DoD 

4525.6–M (see http://www.dtic.mil/whs/ 

directives/corres/pdf/452506m.pdf). 

CAAF who are not U.S. citizens will be 

afforded occasional mail service 

necessary to mail their pay checks back 

to their homes of record. 

(ii) Morale, welfare, and recreation 

(MWR) and exchange services will be 

authorized for CAAF who are U.S. 

citizens in accordance with 10 U.S.C. 

133. CAAF who are not U.S. citizens 

and non-CAAF are not authorized MWR 

and exchange services. 

(e) Redeployment Procedures. The 

considerations in this section are 

applicable during the redeployment of 

CAAF. 

(1) Transportation Out of Theater. 

When the terms and conditions of the 

contract state that the Government shall 

provide transportation out of theater: 

(i) Upon completion of the 

deployment or other authorized release, 

the Government shall, in accordance 

with each individual’s LOA, provide 

contractor employees transportation 

from the theater of operations to the 

location from which they deployed, 

unless otherwise directed. 

(ii) Prior to redeployment from the 

AOR, the contractor employee, through 

their defense contractor, shall 

coordinate contractor exit times and 

transportation with CONUS 

Replacement Center (CRC) or designated 

reception site. Additionally, intelligence 

out-briefs must be completed and 

customs and immigration briefings and 

inspections must be conducted. CAAF 

are subject to customs and immigration 

processing procedures at all designated 


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stops and their final destination during 

their redeployment. CAAF returning to 

the United States are subject to U.S. 

reentry customs requirements in effect 

at the time of reentry. 

(2) Post-Deployment Health 

Assessment. In accordance with DoD 

Instruction 6490.03, contracts shall 

require that CAAF complete a postdeployment health assessment in the 

Defense Medical Surveillance System 

(DMSS) at the termination of the 

deployment (within 30 days of 

redeployment). These assessments will 

only be used by the DoD to accomplish 

population-wide assessments for 

epidemiological purposes, and to help 

identify trends related to health 

outcomes and possible exposures. They 

will not be used for individual purposes 

in diagnosing conditions or informing 

individuals they require a medical 

followup. Diagnosing conditions 

requiring medical referral is a function 

of the contractor. 

(3) Redeployment Center Procedures. 

In most instances, the deployment 

center/site that prepared the CAAF for 

deployment will serve as the return 

processing center. As part of CAAF 

redeployment processing, the 

deployment center/site personnel will 

screen contractor records, recover 

Government-issued identification cards 

and equipment, and conduct debriefings 

as appropriate. The amount of time 

spent at the return processing center 

will be the minimum required to 

complete the necessary administrative 

procedures. 

(i) A special effort will be made to 

collect all CACs from returning 

deployed contractors. 

(ii) Contractor employees are required 

to return any issued clothing and 

equipment. Lost, damaged, or destroyed 

clothing and equipment shall be 

reported in accordance with procedures 

of the issuing facility. Contractor 

employees shall also receive a postdeployment medical briefing on signs 

and symptoms of diseases to watch for, 

such as tuberculosis. As some countries 

hosting an intermediate staging base 

may not permit certain items to enter 

their borders, some clothing and 

equipment, whether issued by the 

contractor, purchased by the employee, 

or provided by the Government, may 

not be permitted to exit the AOR. In this 

case, alternate methods of accounting 

for Government-issued equipment and 

clothing will be used according to CCDR 

or JFC guidance and contract language. 

(4) Update to SPOT. Contracting 

officers or their designated 

representative must verify that defense 

contractors have updated SPOT to 

reflect their employee’s change in status 

within 3 days of his or her 

redeployment as well as close out the 

deployment and collect or revoke the 

LOA. 

(5) Transportation to Home 

Destination. Transportation of CAAF 

from the deployment center/site to the 

home destination is the employer’s 

responsibility. Government 

reimbursement to the employer for 

travel will be determined by the terms 

and conditions of the contract. 

§ 158.7 Guidance for contractor medical 

and dental fitness. 

(a) General. 

(1) DoD contracts requiring the 

deployment of CAAF shall include 

medical and dental fitness requirements 

as specified in this section. Under the 

terms and conditions of their contracts, 

defense contractors shall provide 

personnel who meet such medical and 

dental requirements as specified in their 

contracts. 

(2) The geographic CCDR will 

establish theater-specific medical 

qualifications. When exceptions to these 

standards are requested through the 

contracting officer, the geographic CCDR 

will establish a process for reviewing 

such exceptions and ensuring that a 

mechanism is in place to track and 

archive all approved and denied 

waivers, including the medical 

condition requiring the waiver. 

(3) The geographic CCDR shall also 

ensure that processes and procedures 

are in place to remove contractor 

personnel in theater who are not 

medically qualified, once so identified 

by a healthcare provider. The 

geographic CCDR shall ensure 

appropriate language regarding 

procedures and criteria for requiring 

removal of contractor personnel 

identified as no longer medically 

qualified is developed, is posted on the 

CCDR OCS Web site, and also ensure 

contracting officers incorporate the 

same into all contracts for performance 

in the AOR. 

(4) Unless otherwise stated in the 

contract, all pre-, during-, and postdeployment medical evaluations and 

treatment are the responsibility of the 

contractor. 

(b) Medical and Dental Evaluations. 

(1) All CAAF deploying in support of 

a contingency operation must be 

medically, dentally, and psychologically 

fit for deployment as stated in DoD 

Directive 6200.04 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

620004p.pdf). Fitness specifically 

includes the ability to accomplish the 

tasks and duties unique to a particular 

operation and the ability to tolerate the 

environmental and operational 

conditions of the deployed location. 

Under the terms and conditions of their 

contracts, defense contractors will 

provide medically, dentally, and 

psychologically fit contingency 

contractor personnel to perform 

contracted duties. 

(2) Just as military personnel must 

pass a complete health evaluation, 

CAAF shall have a similar evaluation 

based on the functional requirements of 

the job. All CAAF must undergo a 

medical and dental assessment within 

12 months prior to arrival at the 

designated deployment center or 

Government-authorized contractorperformed deployment processing 

facility. This assessment should 

emphasize diagnosing cardiovascular, 

pulmonary, orthopedic, neurologic, 

endocrinologic, dermatologic, 

psychological, visual, auditory, dental, 

and other systemic disease conditions 

that may preclude performing the 

functional requirements of the contract, 

especially in the austere work 

environments encountered in some 

contingency operations. 

(3) In accordance with DoD 

Instruction 6490.03, contracts shall 

require that CAAF complete a predeployment health assessment in the 

DMSS at the designated deployment 

center or a Government-authorized 

contractor-performed deployment 

processing facility. These assessments 

will only be used by the DoD to 

accomplish population-wide 

assessments for epidemiological 

purposes, and to help identify trends 

related to health outcomes and possible 

exposures. They will not be used for 

individual purposes in diagnosing 

conditions or informing individuals 

they require a medical followup. 

Diagnosing conditions requiring 

medical referral is a function of the 

contractor. 

(4) In general, CAAF who have any of 

the medical conditions in paragraph (j) 

of this section, based on an individual 

assessment pursuant to DoD Instruction 

6490.03, should not deploy. 

(5) Individuals who are deemed not 

medically qualified at the deployment 

center or at any period during the 

deployment process based upon an 

individual assessment, or who require 

extensive preventive dental care (see 

paragraph (j)(2)(xxv) of this section) will 

not be authorized to deploy. 

(6) Non-CAAF shall be medically 

screened when specified by the 

requiring activity, for the class of labor 

that is being considered (e.g., LNs 

working in a dining facility). 

(7) Contracts shall require contractors 

to replace individuals who develop, at 

any time during their deployment, 


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Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 81823 

conditions that cause them to become 

medically unqualified. 

(8) In accordance with DoD 

Instruction 6490.03, contracts shall 

require that CAAF complete a postdeployment health assessment in DMSS 

at the termination of the deployment 

(within 30 days of redeployment). 

(c) Glasses and Contact Lenses. If 

vision correction is required, contractor 

personnel will be required to have two 

pair of glasses. A written prescription 

may also be provided to the supporting 

military medical component so that 

eyeglass inserts for use in a compatible 

chemical protective mask can be 

prepared. If the type of protective mask 

to be issued is known and time permits, 

the preparation of eyeglass inserts 

should be completed prior to 

deployment. Wearing contact lenses in 

a field environment is not 

recommended and is at the contingency 

contractor employee’s own risk due to 

the potential for irreversible eye damage 

caused by debris, chemical or other 

hazards present, and the lack of 

ophthalmologic care in a field 

environment. 

(d) Medications. Other than force 

health protection prescription products 

(FHPPPs) to be provided to CAAF and 

selected non-CAAF, contracts shall 

require that contractor personnel deploy 

with a minimum 90-day supply of any 

required medications obtained at their 

own expense. Contractor personnel 

must be aware that deployed medical 

units are equipped and staffed to 

provide emergency care to healthy 

adults. They will not be able to provide 

or replace many medications required 

for routine treatment of chronic medical 

conditions, such as high blood pressure, 

heart conditions, and arthritis. The 

contract shall require contractor 

personnel to review both the amount of 

the medication and its suitability in the 

foreign area with their personal 

physician and make any necessary 

adjustments before deploying. The 

contract shall require the contractor to 

be responsible for the re-supply of 

required medications. 

(e) Comfort Items. The contract shall 

require that CAAF take spare hearingaid batteries, sunglasses, insect 

repellent, sunscreen, and any other 

supplies related to their individual 

physical requirements. These items will 

not be provided by DoD sources. 

(f) Immunizations. A list of 

immunizations, both those required for 

entry into the designated area of 

operations and those recommended by 

medical authorities, shall be produced 

for each deployment; posted to the 

geographic CCDR Web site or other 

venue, as appropriate; and incorporated 

in contracts for performance in the 

designated AOR. 

(1) The geographic CCDR, upon the 

recommendation of the appropriate 

medical authority (e.g., Combatant 

Command surgeon), shall provide 

guidance and a list of immunizations 

required to protect against 

communicable diseases judged to be a 

potential hazard to the health of those 

deploying to the applicable theater of 

operation. The Combatant Command 

surgeon of the deployed location shall 

prepare and maintain this list. 

(2) The contract shall require that 

CAAF be appropriately immunized 

before completing the pre-deployment 

process. 

(3) The Government shall provide 

military-specific vaccinations and 

immunizations (e.g., anthrax, smallpox) 

during pre-deployment processing. 

However, the contract shall stipulate 

that CAAF obtain all other 

immunizations (e.g., yellow fever, 

tetanus, typhoid, flu, hepatitis A and B, 

meningococcal, and tuberculin (TB) 

skin testing) prior to arrival at the 

deployment center. 

(4) Theater-specific medical supplies 

and FHPPPs, such as anti-malarials and 

pyridostigmine bromide, will be 

provided to CAAF and selected nonCAAF on the same basis as they are to 

active duty military members. 

Additionally, CAAF will be issued 

deployment medication information 

sheets for all vaccines or deploymentrelated medications that are dispensed 

or administered. 

(5) A TB skin test is required within 

3 months prior to deployment. 

Additionally, the contract shall stipulate 

that CAAF and selected non-CAAF 

bring to the JOA a current copy of 

Public Health Service Form 791, 

‘‘International Certificate of 

Vaccination,’’ (also known as ‘‘shot 

record,’’ available for purchase at 

http://bookstore.gpo.gov/collections/ 

vaccination.jsp). 

(g) Human Immunodeficiency Virus 

(HIV) Testing. HIV testing is not 

mandatory for contingency contractor 

personnel unless specified by an 

agreement or by local requirements. HIV 

testing, if required, shall occur within 1 

year before deployment. 

(h) Armed Forces Repository of 

Specimen Samples for the Identification 

of Remains (AFRSSIR). For 

identification of remains purposes, all 

CAAF who are U.S. citizens shall obtain 

a dental panograph and provide a 

specimen sample suitable for DNA 

analysis prior to or during deployment 

processing. The DoD Components shall 

ensure that all contracts require CAAF 

who are U.S. citizens to provide 

specimens for AFRSSIR as a condition 

of employment according to DoD 

Instruction 5154.30 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

515430p.pdf). Specimens shall be 

collected and managed as provided in 

paragraphs (h)(1) through (h)(3) of this 

section. 

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

processing through a deployment center 

will have a sample collected and 

forwarded to the AFRSSIR for storage. 

Contracts shall require contractors to 

verify in SPOT or its successor that 

AFRSSIR has received the sample or 

that the DNA reference specimen 

sample has been collected by the 

contractor. 

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

not process through a deployment 

center or the defense contractor is 

authorized to process its own personnel, 

the contract shall require that the 

contractor make its own arrangements 

for collection and storage of the DNA 

reference specimen through a private 

facility, or arrange for the storage of the 

specimen by contacting AFRSSIR. 

Regardless of what specimen collection 

and storage arrangements are made, all 

defense contractors deploying CAAF 

who are U.S. citizens must provide the 

CAAF name and Social Security 

number, location of the sample, facility 

contact information, and retrieval plan 

to AFRSSIR. If AFRSSIR is not used and 

a CAAF who is a U.S. citizen becomes 

a casualty, the defense contractor must 

be able to retrieve identification media 

for use by the Armed Forces Medical 

Examiner (AFME) or other competent 

authority to conduct a medical-legal 

investigation of the incident and 

identification of the victim(s). These 

records must be retrievable within 24 

hours for forwarding to the AFME when 

there is a reported incident that would 

necessitate its use for human remains 

identification purposes. The defense 

contractor shall have access to: 

(i) Completed DD Form 93 or 

equivalent record. 

(ii) Location of employee medical and 

dental records, including panograph. 

(iii) Location of employee fingerprint 

record. 

(3) In accordance with DoD 

Instruction 5154.30 (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

515430p.pdf), AFRSSIR is responsible 

for implementing special rules and 

procedures to ensure the protection of 

privacy interests in the specimen 

samples and any DNA analysis of those 

samples. Specimen samples shall only 

be used for the purposes outlined in 

DoD Instruction 5154.30. Other details, 

including retention and destruction 


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81824 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 

requirements of DNA samples, are 

addressed in DoD Instruction 5154.30. 

(i) Pre-Existing Medical Conditions. 

All evaluations of pre-existing medical 

conditions should be accomplished 

prior to deployment. Personnel who 

have pre-existing medical conditions 

may deploy if all of these conditions are 

met: 

(1) The condition is not of such a 

nature that an unexpected worsening is 

likely to have a medically grave 

outcome or a negative impact on 

mission execution. 

(2) The condition is stable and 

reasonably anticipated by the 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 the contractor, 

independent of the military health 

system, and have no special handling, 

storage, or other requirements (e.g., 

refrigeration requirements and/or cold 

chain, electrical power requirements) 

that cannot be met in the specific 

theater of operations. Personnel must 

deploy with a minimum 90-day supply 

of prescription medications other than 

FHPPPs. 

(4) The condition does not and is not 

anticipated to require duty limitations 

that would preclude performance of 

duty or to impose accommodation. (The 

nature of the accommodation must be 

considered. The Combatant Command 

surgeon (or his delegated representative) 

is the appropriate authority to evaluate 

the suitability of the individual’s 

limitations in-theater.) 

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

diagnostics or other evaluations. 

(j) Conditions Usually Precluding 

Medical Clearance. 

(1) This section is not intended to be 

comprehensive. A list of all possible 

diagnoses and their severity that should 

not be approved would be too expansive 

to list in this part. In general, 

individuals with the conditions in 

paragraphs (j)(2)(i) through (j)(2)(xxx) of 

this section, based on an individual 

assessment pursuant to DoD Instruction 

6490.03, will not normally be approved 

for deployment. The medical evaluator 

must carefully consider whether 

climate; altitude; nature of available 

food and housing; availability of 

medical, behavioral health, and dental 

services; or other environmental and 

operational factors may be hazardous to 

the deploying person’s health because of 

a known physical or mental condition. 

(2) Medical clearance for deployment 

of persons with any of the conditions in 

this section shall be granted only after 

consultation with the appropriate 

Combatant Command surgeon. The 

Combatant Command surgeon makes 

recommendations and serves as the 

geographic CCDR advisor; however, the 

geographic CCDR is the final approval 

or disapproval authority except as 

provided in paragraph (k)(3) of this 

section. The Combatant Command 

surgeon can determine if adequate 

treatment facilities and specialist 

support is available at the duty station 

for: 

(i) Physical or psychological 

conditions resulting in the inability to 

effectively wear IPE, including 

protective mask, ballistic helmet, body 

armor, and CBRN protective ensemble, 

regardless of the nature of the condition 

that causes the inability to wear the 

equipment if wearing such equipment 

may be reasonably anticipated or 

required in the deployed location. 

(ii) Conditions that prohibit 

immunizations or use of FHPPs required 

for the specific deployment. Depending 

on the applicable threat assessment, 

required FHPPs, vaccines, and 

countermeasures may include atropine, 

epinephrine and/or 2-pam chloride 

auto-injectors, certain antimicrobials, 

antimalarials, and pyridostigmine 

bromide. 

(iii) Any chronic medical condition 

that requires frequent clinical visits, that 

fails to respond to adequate 

conservative treatment, or that 

necessitates significant limitation of 

physical activity. 

(iv) Any medical condition that 

requires durable medical equipment or 

appliances or that requires periodic 

evaluation and/or treatment by medical 

specialists not readily available in 

theater (e.g., CPAC machine for sleep 

apnea). 

(v) Any unresolved acute or chronic 

illness or injury that would impair duty 

performance in a deployed environment 

during the duration of the deployment. 

(vi) Active tuberculosis or known 

blood-borne diseases that may be 

transmitted to others in a deployed 

environment. (For HIV infections, see 

paragraph (j)(2)(xvii) of this section.) 

(vii) An acute exacerbation of a 

physical or mental health condition that 

could affect duty performance. 

(viii) Recurrent loss of consciousness 

for any reason. 

(ix) Any medical condition that could 

result in sudden incapacitation 

including a history of stroke within the 

last 24 months, seizure disorders, and 

diabetes mellitus type I or II, treated 

with insulin or oral hypoglycemic 

agents. 

(x) Hypertension not controlled with 

medication or that requires frequent 

monitoring to achieve control. 

(xi) Pregnancy. 

(xii) Cancer for which the individual 

is receiving continuing treatment or that 

requires periodic specialty medical 

evaluations during the anticipated 

duration of the deployment. 

(xiii) Precancerous lesions that have 

not been treated and/or evaluated and 

that require treatment and/or evaluation 

during the anticipated duration of the 

deployment. 

(xiiii) Any medical condition that 

requires surgery or for which surgery 

has been performed that requires 

rehabilitation or additional surgery to 

remove devices. 

(xv) Asthma that has a Forced 

Expiratory Volume-1 (FEV–1) of less 

than or equal to 50 percent of predicted 

FEV–1 despite appropriate therapy, that 

has required hospitalization at least 2 

times in the last 12 months, or that 

requires daily systemic oral or injectable 

steroids. 

(xvi) Any musculoskeletal condition 

that significantly impairs performance 

of duties in a deployed environment. 

(xvii) HIV antibody positive with the 

presence of progressive clinical illness 

or immunological deficiency. The 

Combatant Command surgeon should be 

consulted in all instances of HIV 

seropositivity before medical clearance 

for deployment. 

(xviii) Hearing loss. The requirement 

for use of a hearing aid does not 

necessarily preclude deployment. 

However, the individual must have 

sufficient unaided hearing to perform 

duties safely. 

(xviiii) Loss of vision. Best corrected 

visual acuity must meet job 

requirements to safely perform duties. 

(xx) Symptomatic coronary artery 

disease. 

(xxi) History of myocardial infarction 

within 1 year of deployment. 

(xxii) History of coronary artery 

bypass graft, coronary artery 

angioplasty, carotid endarterectomy, 

other arterial stenting, or aneurysm 

repair within 1 year of deployment. 

(xxiii) Cardiac dysrhythmias or 

arrhythmias, either symptomatic or 

requiring medical or electrophysiologic 

control (presence of an implanted 

defibrillator and/or pacemaker). 

(xxiv) Heart failure. 

(xxv) Individuals without a dental 

exam within the last 12 months or who 

are likely to require dental treatment or 

reevaluation for oral conditions that are 

likely to result in dental emergencies 

within 12 months. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 81825 

(xxvi) Psychotic and/or bipolar 

disorders. For detailed guidance on 

deployment-limiting psychiatric 

conditions or psychotropic medications, 

see ASD(HA) Memorandum ‘‘Policy 

Guidance for Deployment-Limiting 

Psychiatric Conditions and 

Medications’’ November 7, 2006 (see 

http://www.ha.osd.mil/policies/2006/ 

061107_deploymentlimiting_psych_conditions_meds.pdf). 

(xxvii) Psychiatric disorders under 

treatment with fewer than 3 months of 

demonstrated stability. 

(xxviii) Clinical psychiatric disorders 

with residual symptoms that impair 

duty performance. 

(xxviiii) Mental health conditions that 

pose a substantial risk for deterioration 

and/or recurrence of impairing 

symptoms in the deployed environment. 

(xxx) Chronic medical conditions that 

require ongoing treatment with 

antipsychotics, lithium, or 

anticonvulsants. 

(k) Exceptions to Medical Standards 

(Waivers). If a contractor believes an 

individual CAAF employee with one of 

the conditions listed in paragraphs 

(j)(2)(i) through (j)(2)(xxx) of this section 

can accomplish his or her tasks and 

duties and tolerate the environmental 

and operational conditions of the 

deployed location, the contractor may 

request a waiver for that individual 

through the contracting officer or 

designee. 

(1) Waivers are unlikely for contractor 

personnel and an explanation should be 

given as to why other persons who meet 

the medical standards could not be 

identified to fulfill the deployed duties. 

Waivers and requests for waivers will 

include a summary of a detailed 

medical evaluation or consultation 

concerning the medical condition(s). 

Maximization of mission 

accomplishment and the protection of 

the health of personnel are the ultimate 

goals. Justification will include 

statements indicating the CAAF 

member’s experience, position to be 

placed in, any known specific hazards 

of the position, anticipated availability 

and need for care while deployed, and 

the benefit expected to accrue from the 

waiver. 

(2) Medical clearance to deploy or 

continue serving in a deployed 

environment for persons with any of the 

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

through (j)(2)(xxx) of this section must 

have the concurrence by the Combatant 

Command surgeon, or his designee, who 

will recommend approval or 

disapproval to the geographic CCDR. 

The geographic CCDR, or his designee, 

is the final decision authority for 

approvals and disapprovals. 

(3) For CAAF employees working 

with Special Operations Forces 

personnel who have conditions in 

paragraphs (j)(2)(i) through (j)(2)(xxx) of 

this section, medical clearance may be 

granted after consultation with the 

appropriate Theater Special Operations 

Command (TSOC) surgeon. The TSOC 

surgeon, in coordination with the 

Combatant Command surgeon and 

senior in-theater medical authority, will 

ascertain the capability and availability 

of treatment facilities and specialist 

support in the general duty area versus 

the operational criticality of the 

particular SOF member. The TSOC 

surgeon will recommend approval or 

disapproval to the TSOC Commander. 

The TSOC Commander is the final 

approval or disapproval authority. 

Dated: December 21, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2011–33107 Filed 12–28–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0817] 

Drawbridge Operation Regulation; 

Delaware River, Between Burlington, 

NJ and Bristol, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District has issued a temporary 

deviation from the regulations 

governing the operation of the 

Burlington-Bristol (Route 413) Bridge, 

across the Delaware River, mile 117.8, 

between the townships of Burlington, NJ 

and Bristol, PA. The deviation restricts 

the operation of the draw span in order 

to facilitate the replacement of the lift 

cables. 

DATES: This deviation is effective 7 a.m. 

December 27, 2011, until 3 p.m. January 

20, 2012. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0817 and are available online by going 

to http://www.regulations.gov inserting 

USCG–2011–0817 in the ‘‘Keyword’’ 

box and then clicking ‘‘Search’’. They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Terrance Knowles, Environmental 

Protection Specialist, Fifth Coast Guard 

District, at telephone (757) 398–6587, 

email Terrance.A.Knowles@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: The 

Burlington County Bridge Commission, 

who owns and operates this vertical lift 

drawbridge, has requested a temporary 

deviation from the current operating 

regulations set out in 33 CFR 117.5 and 

117.716(b) to facilitate the replacement 

of the lift cables. 

The Burlington-Bristol Bridge (Route 

413) at mile 117.8, across the Delaware 

River, between PA and NJ, has a vertical 

clearance in the closed position to 

vessels of 62 feet above mean high 

water. 

Under the regular operating schedule 

the bridge opens on signal as required 

by 33 CFR 117.5 and the opening of a 

bridge may not be delayed more than 

five minutes for a highway bridge, after 

the signal to open is given as required 

by 33 CFR 117.716(b). 

Under this temporary deviation, 

beginning 7 a.m. on Tuesday, December 

27, 2011 and ending at 3 p.m. on Friday, 

January 20, 2012, the cable replacement 

will restrict the operation of the draw 

span on the following dates and times: 

Closed-to-navigation each of the 

following days from 7 a.m. to 3 p.m.: 

December 27–29, 2011; January 3–6, 

2012; January 9–13, 2012; and January 

16–20, 2012; except vessel openings 

will be provided with at least eight 

hours advance notice given to the bridge 

operator at (856) 829–3002 or via marine 

radio on Channel 13. 

Vessels that can pass under the bridge 

without a bridge opening may do so at 

all times. There are no alternate routes 

for vessels transiting this section of the 

Delaware River. 

There are approximately four to six 

vessels per week from four facilities 

whose vertical clearances exceed the 

closed bridge position, requiring an 

opening of the draw span. The Coast 

Guard has coordinated this replacement 

work with the Mariners Advisory 

Committee for Bay & River Delaware, 

and will inform the other users of the 

waterway through our Local and 

Broadcast Notices to Mariners of the 

closure periods for the bridge so that 


tkelley on DSK3SPTVN1PROD with RULES