Operational Contract Support (OCS) Outside the United States

As Enacted ( Federal Register)

Cited authorities 12

Cited in

Published date	07 January 2021
Citation	86 FR 1063
Record Number	2020-27694
Section	Proposed rules
Court	Defense Department

1063

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

Indian Tribe in which that biological

parent was enrolled.

(e) If trust personalty does not

descend under paragraph (d) of this

section, then:

(1) To the Indian Tribe in which the

decedent’s biological grandparents were

enrolled; if all enrolled biological

grandparents were enrolled in the same

Tribe;

(2) To the Indian Tribes in which the

decedent’s biological grandparents were

enrolled, in equal shares, if two or more

of the decedent’s biological

grandparents were enrolled in different

Tribes; or

(3) If only one biological grandparent

was enrolled in an Indian Tribe, to the

Indian Tribe in which that biological

grandparent was enrolled.

(f) If trust personalty does not descend

under paragraph (e) of this section, then

to an Indian Tribe selected by the judge,

in consideration of the following factors:

(1) The origin of the funds in the

decedent’s IIM account;

(2) The Tribal designator contained in

the owner identification number or IIM

account number assigned to the

decedent by BIA; and

(3) The geographic origin of the

decedent’s Indian ancestors.

Tara Sweeney,

Assistant Secretary—Indian Affairs.

Scott Cameron,

Principal Deputy Assistant Secretary for

Policy, Management and Budget.

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

BILLING CODE 4337–15–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 158

[Docket ID: DOD–2020–OS–0015]

RIN 0790–AK81

Operational Contract Support (OCS)

Outside the United States

AGENCY

: Office of the Under Secretary of

Defense for Acquisition and

Sustainment, Department of Defense

(DoD).

ACTION

: Proposed rule.

SUMMARY

: The DoD is issuing this rule

to update the policies and procedures

for operational contract support (OCS)

outside the United States. These

changes include broadening the range of

applicable operational scenarios,

eliminating content internal to the

Department, and making updates to

comply with law and policy. Changes

include designating contractor

personnel as part of the DoD total force,

incorporating requirements for

accountability and reporting, and

clarifying responsibilities. Through

these updates, the Department will also

address open recommendations from

the Government Accountability Office

(GAO). OCS is a segment of the GAO

High Risk Area of DoD Contract

Management and while the latest update

in March 2019 acknowledged progress,

GAO cited the need to revise and

reissue guidance to address several open

recommendations.

DATES

: Comments must be received by

March 8, 2021.

ADDRESSES

: You may submit comments,

identified by docket number and/or

Regulatory Information Number (RIN)

number and title, by any of the

following methods:

•Federal Rulemaking Portal: http://

www.regulations.gov. Follow the

instructions for submitting comments.

•Mail: DoD cannot receive written

comments at this time due to the

COVID–19 pandemic. Comments should

be sent electronically to the docket

listed above.

Instructions: All submissions received

must include the agency name and

docket number or RIN for this Federal

for comments and other submissions

from members of the public is to make

these submissions available for public

viewing on the internet at http://

www.regulations.gov as they are

received without change, including any

personal identifiers or contact

information.

FOR FURTHER INFORMATION CONTACT

: Ms.

Donna M. Livingston, 703–692–3032,

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

SUPPLEMENTARY INFORMATION

I. Executive Summary

A. Purpose of the Rule

The Joint Force relies on contracted

support in nearly every mission and

operational setting. Operational

Contract Support (OCS) is how the

Department plans for and integrates

contracted capabilities and associated

contractor personnel providing support

to operations within a designated

geographic area. Since 2007, the

Department has been heavily focused on

better oversight, management, and

accounting of contractors supporting

U.S. military operations. Concurrently,

there has been increasing demand from

commanders for more visibility of

contractor personnel. Successfully

planning for, procuring, and integrating

contracted support requires that

commanders have a full understanding

of what contracted support is needed

and when; how requirements can be

optimized and executed; and how the

Department includes contracted support

as part of the total force. The existing

part describes, in detail, the specific

DoD policy, responsibilities, and

procedures that enable and substantiate

OCS and enable both the DoD and its

commercial partners to plan for

contractor support when operating with

U.S. Armed Forces in applicable

operations. Contractors are currently

required to load their employees’

information in the Synchronized Pre-

deployment Operational Tracker—

Enterprise System (SPOT–ES) when an

employee deploys under a contract to

support U.S. military operations

overseas, and this revision neither

increases nor decreases the burden of

this requirement. The changes resulting

from the revised rule increase

transparency of new policies and better

inform the DoD’s commercial partners.

B. Background

Operational contract support was

born in the aftermath of significant

reporting on DoD acquisition and

contracting operations in Iraq and

Afghanistan, including the 2008

‘‘Commission on Army Acquisition and

Program Management in Expeditionary

Operations’’ and the 2011 ‘‘Commission

on Wartime Contracting in Iraq and

Afghanistan.’’ The Commission on

Wartime Contracting in Iraq and

Afghanistan published findings that

identified deficiencies related to

contract management and oversight that

required DoD’s attention. As a result,

the DoD has invested heavily in efforts

to address these findings and enhance

oversight, better define contract

requirements, and improve the visibility

and accounting of contractors

supporting U.S. operations overseas.

There has been persistent scrutiny of the

DoD’s progress to close these

deficiencies, namely by the GAO. The

GAO has reviewed the Departments’

progress on OCS on multiple occasions,

and classified OCS as a segment within

the DoD Contract Management High

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

157SP) published in March 2019

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

products/GAO-19-157SP), GAO

recognized the progress made on OCS

and affirmed that it could remove its

high-risk status. Removal could come

quickly once the DoD successfully

completes the few remaining GAO

recommendations. By implementing the

GAO recommendations, updating

internal policies especially DoD

Instruction 3020.41 ‘‘Operational

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Contract Support’’ (available at https://

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

Documents/DD/issuances/dodi/

302041p.pdf), and revising this CFR

part, the DoD will address the vital need

for greater efficiency and accountability.

Improved policy and guidance will

foster an environment focused on

operational planning of contracted

support to operations and improved

readiness, and will result in cost savings

by reducing the potential for waste,

fraud, and abuse.

C. Summary of Major Provisions

This proposed rule: (1) Broadens the

types of operations when contracted

support may be employed, beyond

contingency operations; (2) describes

and clarifies contractors’ responsibilities

related to theater admission

requirements for their personnel

deploying in support of operations

outside the United States; (3) clarifies

contractors’ responsibilities to provide

personnel who meet specific medical

and dental fitness standards; (4) details

the services the U.S. Government is

authorized to provide to contractors;

and (5) removes all internally facing

information to promote efficiency and

streamline communication with the

public.

To address GAO recommendations to

improve the ability to track contracts

and contractor personnel in contingency

and other operations and to help ensure

that DoD possesses the capability to

collect and report statutorily required

information and to clarify

responsibilities and procedures,

§ 158.5(g) was updated to address SPOT

minimum reporting requirements,

system requirements, and references to

the SPOT business rules were included

which include area specific

requirements.

D. Legal Authority

The legal authority for this rule is

found in Section 861, Memorandum of

Understanding on Matters Relating to

Contracting, of the National Defense

Authorization Act for Fiscal Year 2008

(Pub. L. 110–181), and Section 854,

Additional Contractor Requirements

and Responsibilities Relating to Alleged

Crimes By or Against Contractor

Personnel in Iraq and Afghanistan, of

the Duncan Hunter National Defense

Authorization Act for Fiscal Year 2009

(Pub. L. 110–417).

II. Regulatory History

An interim final rule for this part was

published on December 29, 2011 (76 FR

81807). The DoD adopted the interim

final rule as a final rule without change

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

2011 rule action procedurally closed

gaps that existed in planning, oversight,

and management of DoD contractors

supporting contingency operations. The

rule was necessary to address legislative

mandates, remove confusion with other

policies, and better reflect the practices

and procedures in place at that time.

The rule was crucial at the time due to

the sustained employment of a large

number of contractors in the U.S.

Central Command area of responsibility;

the importance of contractor oversight

in support of counter-insurgency

operations in Afghanistan; and the

requirement to manage contractors

effectively during the withdrawal of

U.S. forces from Iraq in 2011.

III. Regulatory Analysis

A. Regulatory Planning and Review

a. Executive Orders

Executive Order 12866, ‘‘Regulatory

Planning and Review,’’ and Executive

Order 13563, ‘‘Improving Regulation

and Regulatory Review’’

Executive Orders 12866 and 13563

direct agencies to assess all costs and

benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits

(including potential economic,

environmental, public health and safety

effects, distribute impacts, and equity).

Executive Order 13563 emphasizes the

importance of quantifying both costs

and benefits, of reducing costs, of

harmonizing rules, and of promoting

flexibility. This rule has been

designated a ‘‘not significant regulatory

action’’ and has been determined not to

be economically significant under

section 3(f) of Executive Order 12866.

Executive Order 13771, ‘‘Reducing

Regulation and Controlling Regulatory

Costs’’

This rule is not significant under

Executive Order 12866; therefore, it is

not subject to the requirements of

Executive Order 13771.

b. Summary

This rule broadens the range of

operations in which contracted support

may be employed; updates requirements

for the development of contractor

oversight plans; increases visibility and

accountability; reinforces requirements

for adequate military personnel

necessary to execute contract oversight;

and describes U.S. Government

standards for medical care available to

deployed contractor personnel, when

authorized. It also updates policy

resulting from changes in law and

policy. Lastly, the rule has been

streamlined to show only information

relevant to the public and removes

internally facing responsibilities and

procedures.

c. Affected Population

The existing rule provides

information relevant to contractors and

their personnel that may provide

contracted support to the DoD during

applicable operations outside the

United States. The following

populations are expected to continue to

be stakeholders in the content of the

revised rule:

DContractor personnel—Provides

information and describes the

requirements the DoD imposes on

employees of commercial industry

partners who may be employed in

support of DoD operations conducted

outside the United States.

DCCompanies or organizations—

Provides information for commercial

industry partners to understand how

contractor personnel are managed and

accounted for and includes deployment

requirements necessary to provide

support to DoD in applicable operations.

d. Costs

A negligible burden reduction to the

public may be achieved by the

clarifications and increased

transparency provided by this revision.

Contractors may save time by having

increased access to DoD policy

requirements and in avoiding

unnecessary duplication or providing

personnel not suitable or prepared to

support applicable operations outside

the United States. The changes

implemented by this rule are not

expected to alter significantly the

baseline burden that was calculated as

part of the most recent SPOT–ES system

collection, Control Number 0704–0460,

approved by the OMB in 2019 in

accordance with the Public Law 96–511,

‘‘Paperwork Reduction Act.’’

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Collection instrument

(SPOT database) 2016 approved

estimates 2019 approved

estimates

Estimation of Respondent Burden Hours

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

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

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

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

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

compute these into hours). 46,760 37,291.

Labor Cost of Respondent Burden

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

(decrease of 18,959).

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

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

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

Total Labor Burden (Number of Respondents multiplied by Response Time multiplied by Re-

spondent Hourly Wage). $1,683,360 $1,197,077

(decrease of $486,283).

The burden and cost decreased due to

contractor deployments to ongoing

contingencies having been reduced

since 2016. Thus, the number of

responses required was reduced from

93,520 to 74,561. This drove the

associated calculations down and

resulted in a decrease in cost of

$486,283. In addition, the difference in

the respondent hourly range is

attributed to the respondent labor

category from a management labor

category in 2016 to human resources

specialist in 2019. Wage information is

based on data from the Department of

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

oes/current/oes_nat.htm).

Based on data from the Federal

Procurement Data System—Next

Generation for contract actions for fiscal

year 2019 with a place of performance

outside the United States,

approximately 15,742 of 2.4 million (or

1 percent), are to small businesses. This

amounts to $2,438,406,319 of

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

of contracts obligated to small

businesses worldwide.

e. Benefits

OCS is a force multiplier, giving

commanders more options, and

supports force optimization. When

properly planned for and integrated into

operations, OCS can be leveraged to

support the Secretary of Defense’s

objective of restoring military readiness

and to close any gaps in fulfilling

requirements associated with

maintenance, material, intelligence

information, or translation services,

which can be filled by either short- or

long-term commercial capabilities. This

rule most significantly improves and

refines DoD policy for planning and

integrating contracted support in

applicable operations. The Department

has been working for more than a

decade to establish OCS as a core

defense capability; one that minimizes

risk, increases readiness and flexibility,

and improves effectiveness. This rule

codifies policy that implements a

programmatic approach and improves

oversight of contracted support,

reducing the likelihood that historical

instances of waste, fraud, and abuse will

be repeated. This rule furthermore

ensures contractors supporting

applicable operations are fully prepared

to meet the requirements necessary to

support operations outside the United

States.

f. Alternatives

The DoD has considered the following

alternatives:

DNo action—maintain the status quo.

If no action is taken, the significant

improvements made to accounting and

managing, planning for, and overseeing

contracted support will not be codified,

raising the risk that past

mismanagement will persist, resulting

in significant waste, fraud, and abuse. In

addition, the rule must be updated and

published before an update to the

associated DoD issuance, DoD

Instruction 3020.41, ‘‘Operational

Contract Support (OCS),’’ may be

issued. Publishing the updated policy is

required to remove the OCS element of

DoD Contract Management as a GAO

High-Risk Area.

DPublish proposed rule. Codify

changes in policy and statute that result

in improved management of contract

requirements, contractor management

and visibility and accountability of

contractors. These improvements will

support removing OCS as a sub-area

under the GAO High Risk Area of DoD

Contract Management.

In summary, if the status quo is

maintained, resolution of the GAO

recommendations cannot be

implemented.

B. Public Law 96–354, ‘‘Regulatory

Flexibility Act’’ (5 U.S.C. 601)

The DoD certifies that this rule, if

promulgated, does not have a significant

economic impact on a substantial

number of small entities. Based on data

from the Federal Procurement Data

System—Next Generation for contract

actions for fiscal year 2019 with a place

of performance outside the United

States, approximately 15,742 of 2.4

million (or 1 percent), are to small

businesses. This amounts to

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

less than 8 percent) of contracts

obligated to small businesses

worldwide. Therefore, the requirements

of the Regulatory Flexibility Act do not

apply.

C. Congressional Review Act

The Congressional Review Act, 5

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

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. The DoD will

submit a report containing the final rule

and other required information to the

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

Representatives, and the Comptroller

General of the United States. A major

rule cannot take effect until 60 days

after it is published in the Federal

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

D. Sec. 202, Public Law 104–4,

‘‘Unfunded Mandates Reform Act’’

Section 202 of the Unfunded

Mandates Reform Act of 1995 (UMRA)

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

assess anticipated costs and benefits

before issuing any rule whose mandates

require spending in any one year of

$100 million in 1995 dollars, updated

annually for inflation. This rule will not

mandate any requirements for State,

local, or tribal governments.

E. Public Law 96–511, ‘‘Paperwork

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

It has been determined that 32 CFR

part 158 does impose reporting or

recordkeeping requirements under the

Paperwork Reduction Act of 1995. This

SPOT–ES system collection has been

reviewed and approved by the OMB and

assigned OMB Control Number 0704–

0460 (cleared through September 30,

2022). The SPOT–ES collection package

encapsulated the requirement for all

DoD, Department of State (DOS), and

United States Agency for International

Development (USAID) contractor

personnel to register in the SPOT–ES

database. Within the current collection,

87 percent of contractor personnel

records were related to DoD contracts

and less than 13 percent were from

other government agencies. This

collection of information does not

require collection to be conducted in a

manner inconsistent with the guidelines

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

System of Records Notices (SORNs)

and Privacy Impact Assessments (PIAs)

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

documents.jsp) have been accomplished

under SORN Identifier DMDC 18 DoD

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

SORNsIndex/DOD-wide-SORN-Article-

View/Article/570569/dmdc-18-dod/),

‘‘Synchronized Predeployment

Operational Tracker Enterprise Suite.’’

F. Executive Order 13132, ‘‘Federalism’’

Executive Order 13132 establishes

certain requirements that an agency

must meet when it promulgates a

proposed rule (and subsequent final

rule) that imposes substantial direct

requirement costs on State and local

governments, preempts State law, or

otherwise has federalism implications.

The changes in this rule will not have

a substantial effect on State and local

governments and do not implicate

federalism.

List of Subjects in 32 CFR Part 158

Accountability/visibility, Accounting,

Armed forces, Combating trafficking in

persons, Deployment and redeployment,

Government contracts, Medical

clearances, Passports and visas,

Planning, Security measures, Support to

contractors, Transportation.

■Accordingly, 32 CFR part 158 is

proposed to be revised to read as

follows:

PART 158—OPERATIONAL

CONTRACT SUPPORT (OCS) OUTSIDE

THE UNITED STATES

Sec.

158.1 Purpose.

158.2 Applicability.

158.3 Definitions.

158.4 Policy.

158.5 Procedures.

158.6 Guidance for contractor medical and

dental fitness.

Authority: Public Law 110–181; Public

Law 110–417.

§ 158.1 Purpose.

This part establishes policy, assigns

responsibilities, and provides

procedures for operational contract

support (OCS), including contract

support integration, contracting support,

management, and deployment of

defense contractor personnel in

applicable operations outside the

United States.

§ 158.2 Applicability.

This part applies to contracts and

contractor personnel supporting DoD

Components operating outside the

United States in contingency operations,

humanitarian assistance, or peace

operations and other activities,

including operations and exercises as

determined by a Combatant Commander

or as directed by the Secretary of

Defense.

§ 158.3 Definitions.

Unless otherwise noted, the following

terms and their definitions are for the

purposes of this part.

Acquisition. The acquiring by contract

with appropriated funds of supplies or

services (including construction) by and

for the use of the Federal Government

through purchase or lease, whether the

supplies or services are already in

existence or must be created, developed,

demonstrated, and evaluated.

Acquisition begins at the point when

agency needs are established and

includes the description of requirements

to satisfy agency needs, solicitation and

selection of sources, award of contracts,

contract financing, contract

performance, contract administration,

and those technical and management

functions directly related to the process

of fulfilling agency needs by contract.

Applicable operations. Contingency

operations, humanitarian assistance, or

peace operations conducted outside the

United States and other activities,

including operations and exercises

outside the United States as determined

by a combatant commander (CCDR) or

as directed by the Secretary of Defense.

Austere environment. Areas where

applicable operations may be conducted

that are in remote, isolated locations,

where access to modern comforts and

resources may be limited or non-

existent.

Civil augmentation program. External

support contracts designed to augment

Military Department logistics

capabilities with contracted support in

both preplanned and short-notice

operations.

Contingency contract. A legally

binding agreement for supplies,

services, and/or construction let by a

U.S. Government contracting officer in

the operational area, or that has a

prescribed area of performance within

an operational area.

Contingency operation. A military

operation that is either designated by

the Secretary of Defense as a

contingency operation or becomes a

contingency operation as a matter of law

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

Contract administration. The

processes and procedures of contracting,

from contract award through closeout,

that includes oversight efforts by

contracting professionals and

designated non-contracting personnel to

ensure that supplies, services, and/or

construction are delivered and/or

performed in accordance with the terms

and conditions of the contract.

Contract support integration. The

coordination and synchronization of

contracted support executed in a

designated operational area in support

of military operations.

Contracting. Purchasing, renting,

leasing, or otherwise obtaining supplies

or services from nonfederal sources.

Contracting includes description (but

not determination) of supplies and

services required, selection and

solicitation of sources, preparation and

award of contracts, and all phases of

contract administration. It does not

include making grants or cooperative

agreements.

Contracting officer. A person with the

authority to enter into, administer, and/

or terminate contracts and make related

determinations and findings. The term

includes certain authorized

representatives of the contracting officer

acting within the limits of their

authority as delegated by the contracting

officer. ‘‘Administrative contracting

officer (ACO)’’ refers to a contracting

officer who is administering contracts.

‘‘Termination contracting officer (TCO)’’

refers to a contracting officer who is

settling terminated contracts. A single

contracting officer may be responsible

for duties in any or all of these areas.

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Contracting Officer’s Representative

(COR). An individual, including a

contracting officer’s technical

representative (COTR), designated and

authorized in writing by the contracting

officer to perform specific technical or

administrative functions.

Contracting support. The

coordination of contracts and execution

of contracting authority by a warranted

contracting officer that legally binds

commercial entities to perform

contractual requirements in support of

DoD operational requirements.

Contractor management. The

oversight and integration of contractor

personnel and associated equipment

providing support to military

operations.

Contractor personnel. Any individual,

employed by a firm, corporation,

partnership, or association, employed

under contract with the DoD to furnish

services, supplies, or construction.

Contractor personnel may include U.S.

citizens and host nation and third

country national (TCN) individuals.

Contractor personnel accountability.

The process of identifying, capturing,

and recording the personally

identifiable information and assigned

permanent duty location of an

individual contractor employee through

the use of a designated database.

Contractor personnel visibility.

Information on the daily location,

movement, status, and identity of

contractor personnel.

Contractors Authorized to

Accompany the Force (CAAF).

Contractor personnel and all tiers of

subcontractor personnel authorized to

accompany U.S. Armed Forces in

applicable operations outside of the

United States who have been afforded

this status through the issuance of a

Letter of Authorization (LOA). CAAF

generally include all U.S. citizen and

TCN employees not normally residing

within the operational area whose area

of performance is in the direct vicinity

of the U.S. Armed Forces and who are

routinely co-located with the U.S.

Armed Forces. In some cases, CCDR

subordinate commanders may designate

mission-essential host nation (HN) or

local national (LN) contractor personnel

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

includes contractor personnel

previously identified as contractors

deploying with the force. CAAF status

does not apply to contractor personnel

within U.S. territory working in support

of contingency operations outside the

United States.

Defense contractor. Any individual,

firm, corporation, partnership,

association, or other legal non-Federal

entity that enters into a contract directly

with the DoD to furnish services,

supplies, or construction.

DoD Components. Includes the Office

of the Secretary of Defense, the Military

Departments, the Office of the Chairman

of the Joint Chiefs of Staff (CJCS) and

the Joint Staff, the Combatant

Commands (CCMDs), the Office of the

Inspector General of the Department of

Defense, the Defense Agencies, and the

DoD Field Activities.

Essential contractor service. A service

provided by a firm or an individual

under contract to the DoD to support

mission-essential functions, such as

support of vital systems, including ships

owned, leased, or operated in support of

military missions or roles at sea;

associated support activities, including

installation, garrison, and base support

services; and similar services provided

to foreign military sales customers

under the Security Assistance Program.

Services are essential if the effectiveness

of defense systems or operations has the

potential to be seriously impaired by the

interruption of these services, as

determined by the appropriate

functional commander or civilian

equivalent.

Expeditionary Contract

Administration (ECA). Contract

administration conducted during joint

or other expeditionary operations.

Formerly known as the Contingency

Contract Administrative Services or

CCAS.

Expeditionary operations. Activities

organized to achieve a specific objective

in a foreign country.

External support contracts. Contracts

awarded by contracting organizations

whose contracting authority does not

derive directly from the theater support

contracting head(s) of contracting

activity or from systems support

contracting authorities.

Host nation (HN). A nation that

permits, either in writing or other

official invitation, government

representatives or agencies and/or

agencies of another nation to operate,

under specified conditions, within its

borders.

Hostile environment. Operational

environment in which local government

forces, whether opposed to or receptive

to operations that a unit intends to

conduct, do not have control of the

territory and population in the intended

operational area.

Isolated personnel. U.S. military, DoD

civilians, and contractor personnel (and

others designated by the President or

Secretary of Defense) who are

unaccounted for as an individual or a

group while supporting an applicable

operation and are, or may be, in a

situation where they must survive,

evade, resist, or escape.

Law of war. The treaties and

customary international law binding on

the United States that regulate: The

resort to armed force; the conduct of

hostilities and the protection of war

victims in international and non-

international armed conflict; belligerent

occupation; and the relationships

between belligerent, neutral, and non-

belligerent States. Sometimes also called

the ‘‘law of armed conflict’’ or

‘‘international humanitarian law,’’ the

law of war is specifically intended to

address the circumstances of armed

conflict.

Letter of authorization (LOA). A

document issued by a contracting officer

or his or her designee that authorizes

contractor personnel to accompany the

force to travel to, from, and within an

operational area, and outlines U.S.

Government authorized support

authorizations within the operational

area, as agreed to under the terms and

conditions of the contract. For more

information, see 48 CFR subpart 225.3.

Local national (LN). An individual

who is a permanent resident of the

nation in which the United States is

conducting operations.

Long-term care. A variety of services

that help a person with comfort,

personal, or wellness needs. These

services assist in the activities of daily

living, including such things as bathing

and dressing. Sometimes known as

custodial care.

Mission-essential functions. Those

organizational activities that must be

performed under all circumstances to

achieve DoD component missions or

responsibilities, as determined by the

appropriate functional commander or

civilian equivalent. Failure to perform

or sustain these functions would

significantly affect the DoD’s ability to

provide vital services or exercise

authority, direction, and control.

Non-CAAF. Personnel who are not

designated as CAAF, such as LN

employees and non-LN employees who

are permanent residents in the

operational area or TCNs not routinely

residing with the U.S. Armed Forces

(and TCN expatriates who are

permanent residents in the operational

area), who perform support functions

away from the close proximity of, and

do not reside with, the U.S. Armed

Forces. U.S. Government-furnished

support to non-CAAF is typically

limited to force protection, emergency

medical care, and basic human needs

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

security, and food when necessary)

when performing their jobs in the direct

vicinity of the U.S. Armed Forces.

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Operational area. An overarching

term encompassing more descriptive

terms (such as area of responsibility and

joint operations area) for geographic

areas where military operations are

conducted.

Operational contract support (OCS).

The ability to orchestrate and

synchronize the provision of integrated

contract support and management of

contractor personnel providing support

to command-directed operations within

a designated operational area.

Operationally critical support. A

critical source of supply for airlift,

sealift, intermodal transportation

services, or logistical support that is

essential to the mobilization,

deployment, or sustainment of the U.S.

Armed Forces in applicable operations.

Prime contractor. Any supplier,

distributor, vendor, or firm that has

entered into a contract with the United

States government.

Replacement centers. Centers at

selected installations that ensure

necessary accountability, training, and

processing actions are taken to prepare

personnel for onward movement and

deployment to a designated operational

area.

Requiring activity. A military or other

designated supported organization that

identifies the need for and receives

contracted support to meet mission

requirements during military

operations.

Subcontractor. Any supplier,

distributor, vendor, or firm that

furnishes supplies or services to or for

a prime contractor or another

subcontractor.

Synchronized Pre-deployment

Operational Tracker-Enterprise System

(SPOT–ES). A common joint database

used to maintain contractor personnel

visibility and accountability in

applicable operations. References to

SPOT–ES in this part will refer to that

system or any database system that

supersedes it for use in OCS.

Systems support contract. Contracts

awarded by Military Service acquisition

program management offices that

provide fielding support, technical

support, maintenance support, and, in

some cases, repair parts support, for

selected military weapon and support

systems.

Theater business clearance. A CCDR

policy or process to ensure visibility of

and control over systems support and

external support contracts executing or

delivering support in designated areas

of operations.

Theater support contract. A type of

contract awarded by contracting officers

deployed to an operational area serving

under the direct contracting authority of

the Military Service component, special

operations force command, or

designated joint contracting authority

for the designated operation.

Total force. The organizations, units,

and individuals that comprise the DoD

resources for implementing the National

Security Strategy. It includes DoD

Active and Reserve Component military

personnel, military retired members,

DoD civilian personnel (including

foreign national direct- and indirect-

hires, as well as nonappropriated fund

employees), contractors, and host-nation

support personnel. (For source

information, see paragraph (a) of

appendix A to this part.)

Uncertain environment. Operational

environment in which host government

forces, whether opposed to or receptive

to operations that a unit intends to

conduct, do not have totally effective

control of the territory and population

in the intended operational area.

§ 158.4 Policy.

It is DoD policy that:

(a) Defense contractor personnel are

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

of appendix A of this part).

(b) DoD Components implement OCS

functions, including contract support

integration, contracting support, and

contractor management, during

applicable operations.

contracted support only in appropriate

situations, consistent with 48 CFR

subpart 7.5, 48 CFR subpart 207.5, and

Office of Federal Procurement Policy

(OFPP) Policy Letter 11–01 (available at

https://www.federalregister.gov/

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

publication-of-the-office-of-federal-

procurement-policy-ofpp-policy-letter-

11-01-performance-of), and paragraph

(b) of appendix A to this part.

(d) Generally, contractors are

responsible for providing their

employees with all life, mission,

medical, logistics, and administrative

support necessary to perform the

contract. However, in many operations,

especially in those in which conditions

are austere, hostile, and/or non-

permissive, the contracting officer may

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

Government to allow for selected life,

mission, medical, logistics, and

administrative support to be provided to

contractor personnel to ensure

continuation of essential contractor

services. Contractors authorized to

accompany the force (CAAF) may

receive U.S. Government-furnished

support commensurate with the

operational situation in accordance with

the terms of the contract.

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

Synchronized Predeployment and

Operational Tracker-Enterprise Suite

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

to maintain contractor personnel

visibility and accountability in

applicable operations. References to

SPOT–ES in this part will refer to that

system or any database system that

supersedes it for contractor personnel

visibility and accountability.

(f) Solicitations and contracts will:

(1) Require defense contractors to

provide personnel who are ready to

perform contract duties in applicable

operations and environments by

verifying the medical, dental, and

psychological fitness of their employees

and, if applicable, by ensuring currency

of any professional qualifications and

associated certification requirements

needed for employees to perform

contractual duties.

(2) Incorporate contractual terms and

clauses into the contract that are

consistent with applicable host nation

(HN) laws and agreements or designated

operational area performance

considerations.

(g) Contracts for highly sensitive,

classified, cryptologic, or intelligence

projects and programs must implement

this rule to the maximum extent

possible, consistent with applicable

laws, Executive orders, presidential

directives, and relevant DoD issuances.

To the extent that contracting activities

are unable to comply with this rule,

they should submit a request for a

waiver to the Under Secretary of

Defense for Acquisition and

Sustainment (USD(A&S)). Waiver

requests should include specific

information providing the rationale

regarding the inability to comply with

this rule.

§ 158.5 Procedures.

(a) Planning considerations and

requirements; requirements for

publication. CCDRs will make

management policies and specific OCS

requirements for contractual support

available to affected contractor

personnel. The Geographic Combatant

Commander (GCC) OCS web page will

set forth the following:

(1) Theater business clearance (TBC)

requirements for contracts currently

being performed and delivering

contracted support in the CCDR’s AOR.

(2) Restrictions imposed by applicable

local laws, international law, status of

forces agreements (SOFAs), and other

agreements with the HN.

(3) CAAF-related deployment

requirements, including, but not limited

to:

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(i) Pre-deployment and required

individual protective equipment (IPE)

training.

(ii) Physical health standards.

(iii) Immunization and medical

requirements.

(iv) Deployment procedures and

theater reception.

(4) Reporting requirements for

accountability and visibility of

contractor personnel and associated

contracts.

(5) Operational security (OPSEC)

plans and restrictions.

(6) Force protection policies.

(7) Personnel recovery procedures.

(8) Availability of medical and other

authorized U.S. Government support

(AGS).

(9) Redeployment procedures,

including disposition of U.S.

Government-furnished equipment.

(b) Contractual relationships. The

contract provides the only legal basis for

the contractual relationship between the

DoD and the contractor. The contracting

officer is the only individual with the

legal authority to enter into such a

binding relationship with the

contractor.

(1) Commanders have the ability to

restrict installation access, and

contractor personnel must comply with

applicable CCDR and local commander

force protection policies. However,

military commanders or unit personnel

do not have contracting authority over

contractors or contractor personnel and

may not direct contractors or contractor

personnel to perform contractual tasks.

Moreover, the contract does not provide

a basis for commanders to exercise

operational control or tactical control

over contractors or their personnel or to

assign or attach contractors or their

personnel to a command or

organization.

(2) The contract must specify:

(i) The terms and conditions under

which the contractor is to perform,

including minimum acceptable

professional and technical standards.

(ii) The method by which the

contracting officer will notify the

contractor of the deployment

procedures to process contractor

personnel who are deploying to the

operational area.

(iii) The specific contractual support

terms and agreement between the

contractor and DoD.

(iv) The appropriate flow-down of

provisions and clauses to subcontractors

and state that the service performed by

contractor personnel is not considered

to be active duty or active service. For

more information, see paragraph (c) in

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

106, ‘‘Active Duty Service

Determinations for Civilian or

Contractual Groups.’’

(3) The contract must contain

applicable clauses to ensure efficient

deployment, accountability, visibility,

protection, and redeployment of

contractor personnel and detail

authorized levels of health service,

sustainment, and other support that is

authorized to be provided to contractor

personnel supporting applicable

operations outside the United States.

performing inherently governmental

functions. (1) Paragraph (c) of appendix

A of this part, 48 CFR subpart 7.5, 48

CFR subpart 207.5; Public Law 105–270

and Office of Management and Budget

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

www.whitehouse.gov/sites/

whitehouse.gov/files/omb/circulars/

A76/a76_incl_tech_correction.pdf) bar

inherently governmental functions and

duties from private sector performance.

(2) Contractor personnel may provide

support during applicable operations,

including, but not limited to:

(i) Transporting munitions and other

supplies.

(ii) Providing communications

support.

(iii) Performing maintenance

functions for military equipment.

(iv) Providing force protection and

private security services.

(v) Providing foreign language

interpretation and translation services.

(vi) Providing logistics services, such

as billeting and messing.

(vii) Intelligence surveillance and

reconnaissance support.

(viii) Commercial air assets.

(3) The requiring official will review

each service performed by contractor

personnel in applicable operations on a

case-by-case basis to ensure compliance

with paragraph (b) of appendix A of this

part and applicable laws and

international agreements.

(4) Restrictions on use of contractor

personnel for private security services.

A contractor may be authorized to

provide private security services only if

such authorization is consistent with

applicable U.S., local, and international

law, including applicable agreements

with the HN or other applicable

international agreements, and 32 CFR

part 159. For more information, see

paragraph (b) of appendix A of this part

and 48 CFR subpart 252.2, which

provide specific procedures and

guidance.

(d) Combating trafficking in persons.

Trafficking in persons is a violation of

U.S. law and internationally recognized

human rights, and is incompatible with

DoD core values.

(1) 48 CFR subpart 222.17 and 48 CFR

52.222–50 also known and referred to as

Combating Trafficking in Persons,

describe how contractors, contracting

officers and their representatives, and

commanders must deter activities such

as prostitution, forced labor, and other

related activities contributing to

trafficking in persons. For more

information, see paragraph (d) of

appendix A to this part.

(2) Contracts in support of applicable

operations will include terms and

provisions that require that the

contractor remove personnel from the

performance of the contract and return

any of its personnel who have been

determined to have engaged in any of

the activities mentioned in paragraph

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

operational area to the home of record,

point of origin, or an authorized

location at the end of contract

performance or sooner as directed by

the contracting officer. Once notified of

such an incident, the contracting officer

will notify the commander responsible

in the AOR and provide any information

required to support an investigation. For

more information, see 48 CFR subpart

222.17.

(e) CAAF designation, legal status,

credentialing, and security clearance

requirements—(1) CAAF designation. (i)

CAAF designation is provided to

contractor personnel, including all tiers

of subcontractor personnel, through a

letter of authorization (LOA). CAAF

generally include all U.S. citizen and

third country national (TCN) employees

not normally residing within the

operational area whose area of

performance is in the direct vicinity of

the U.S. Armed Forces and who

routinely are co-located with the U.S.

Armed Forces, especially in non-

permissive environments. Personnel co-

located with the U.S. Armed Forces will

be afforded CAAF status through an

LOA.

(ii) In some cases, CCDRs or

subordinate commanders may designate

mission-essential HN or LN contractor

personnel as CAAF unless otherwise

precluded by HN law, a SOFA, or other

agreement. In general, LNs are only

afforded CAAF status when they assume

great personal risk to perform an

essential function.

(iii) Personnel who do not receive a

CAAF designation are referred to as

non-CAAF. Individuals’ CAAF status

may change depending on where their

employers or the provisions of their

contract details them to work. CAAF

designation may affect, but does not

necessarily affect, a person’s legal status

under the law of war and the treatment

to which that person is entitled under

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the 1949 Geneva Conventions if that

person falls into the power of the enemy

during international armed conflict.

Although CAAF are regarded as

‘‘persons authorized to accompany the

armed forces,’’ personnel who are not

CAAF may also receive this status under

the law of war. For more information,

see § 4.15 of paragraph (e) of appendix

A of this part. In addition, although

CAAF designation and access to AGS

often coincide, CAAF status does not

determine AGS provided.

(2) Legal status. In implementing this

part, the DoD Component heads must

abide by applicable laws, regulations,

international agreements, and DoD

policy as they relate to contractor

personnel performing contractual

support in support of applicable

operations.

(i) HN and third country laws. All

contractor personnel must comply with

applicable HN and third country laws.

The applicability of HN and third

country laws may be affected by

international agreements (e.g.,

agreements between the United States

and the HN) and customary

international law (e.g., limits imposed

by customary international law on the

reach of third country laws).

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

hire contractor personnel whose status

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

CAAF) depending on where in the

operational AOR their employers or the

provisions of their contracts detail them

to work.

(B) CCDRs, as well as subordinate

commanders, Military Service

Component commanders, the Directors

of the Defense Agencies, and Directors

of DoD Field Activities should recognize

limiting factors regarding the

employment of LN and TCN personnel.

Limiting factors include, but are not

limited to:

(1) Imported labor worker permits.

(2) Workforce and hour restrictions.

(3) Medical, life, and disability

insurance coverage.

(4) Taxes, customs, and duties.

(5) Cost of living allowances.

(6) Hardship differentials.

(7) Access to classified information.

(8) Hazardous duty pay.

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

with some exceptions, are subject to

U.S. laws and U.S. Government

regulations.

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

are subject to potential prosecutorial

action under the criminal jurisdiction of

the United States, including, but not

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

and referred to in this part as the

Military Extraterritorial Jurisdiction Act

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

federal criminal jurisdiction to certain

contractor personnel for offenses

committed outside U.S. territory.

(B) The March 10, 2008, Secretary of

Defense Memorandum states that

contractor personnel are subject to

prosecution pursuant to 10 U.S.C.

Chapter 47, also known and referred to

in this part as the Uniform Code of

Military Justice (UCMJ), when serving

overseas in support of a declared war or

contingency, and provides guidance to

commanders on the exercise of this

UCMJ jurisdiction.

prosecution of offenses by contractor

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

(3) 1949 Geneva Conventions. The

1949 Geneva Conventions, including the

Geneva Convention Relative to the

Treatment of Prisoners of War, may be

applicable to certain contractor

personnel who fall into the power of the

enemy during international armed

conflict.

(i) All contractor personnel may be at

risk of injury or death incidental to

enemy actions while supporting

military operations.

(ii) Contractor personnel with CAAF

status will receive an appropriate

identification card required by the

Geneva Convention Relative to the

Treatment of Prisoners of War,

consistent with paragraph (f) of

appendix A to this part.

(iii) CAAF may be used in support of

applicable operations, consistent with

the terms of U.S. Government

authorization. If they fall into the power

of the enemy during international armed

conflict, contractor personnel with

CAAF status are entitled to prisoner of

war status.

(4) Credentialing. Contracts must

require CAAF to receive an

identification card with the Geneva

Convention’s category of persons

authorized to accompany the armed

forces. For more information, see

paragraphs (f) through (h) of appendix A

to this part. At the time of identification

card issuance, CAAF must present their

SPOT–ES-generated LOA as proof of

eligibility.

(i) Sponsorship must incorporate the

processes for confirming eligibility for

an identification card. The sponsor is

the person affiliated with the DoD or

another Federal agency that takes

responsibility for verifying and

authorizing an applicant’s need for a

Geneva Convention identification card.

A DoD official or employee must

sponsor applicants for a common access

card (CAC).

(ii) Individuals who have multiple

DoD personnel category codes (e.g., an

individual who is both a reservist and

a contractor) will receive a separate

identification card in each personnel

category for which they are eligible.

Individuals under a single personnel

category code may not hold multiple

current identification cards of the same

form.

(5) Security clearance requirements.

To the extent necessary, the contract

must require the contractor to provide

personnel who have the appropriate

security clearance or who are able to

satisfy the appropriate background

investigation requirements to obtain

access required to perform contractual

requirements in support of the

applicable operation.

(f) Considerations for support to

contractors—(1) U.S. Government

support. Generally, contracts supporting

applicable operations must require

contractors to provide to their personnel

all life, mission, medical, and

administrative support necessary to

perform the contractual requirements

and meet CCDR guidance posted on the

GCC OCS web page. In some operations,

especially those in which conditions are

austere, uncertain, or non-permissive,

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

Government’s interest for the DoD to

allow contractor personnel access to

selected AGS. The contract must state

the level of access to AGS in its terms

and conditions.

(i) In operations where conditions are

austere, uncertain, or non-permissive,

the contracting officer will consult with

the requiring activity to determine if it

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

allow for selected life, mission, medical,

and administrative support to certain

contractor personnel.

(ii) The solicitation and contract must

specify the level of AGS that the U.S.

Government will provide to contractor

personnel and what support provided to

the contractor personnel is reimbursable

to the U.S. Government.

(iii) Access to DoD benefits facilitated

by the identification card may be

granted to contractors under certain

circumstances. For more information,

see paragraph (i) of appendix A to this

part.

(2) IPE. When necessary or directed

by the CCDR, the contracting officer will

include language in the contract

authorizing the issuance of military IPE

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

nuclear (CBRN) protective ensemble,

body armor, ballistic helmet) to

contractor personnel as part of AGS.

(i) Typically, IPE will be issued by the

central issue facility at the deployment

center before deployment to the

designated operational area and must be

accounted for and returned to the U.S.

Government or otherwise accounted for,

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in accordance with appropriate DoD

Component regulations, directives, and

instructions.

(ii) Contractor personnel deployment

training will include training on the

proper care, fitting, and maintenance of

protective equipment, whether issued

by the U.S. Government or provided by

the contractor in accordance with the

contractual requirements. This training

will include practical exercises within

mission-oriented protective posture

levels.

(iii) When the terms and conditions of

a contract require a contractor to

provide IPE, such IPE must meet

minimum standards as defined by the

contract.

(3) Clothing. Contractors, or their

personnel, must provide their own

personal clothing, including casual and

work clothing required to perform the

contract requirements.

(i) Generally, CCDRs will not

authorize the issuance of military

clothing to contractor personnel or will

not allow the wearing of military or

military look-alike uniforms. Contractor

personnel are prohibited from wearing

military clothing unless specifically

authorized in writing by the CCDR.

However, a CCDR or subordinate joint

force commander (JFC) deployed

forward may authorize contractor

personnel to wear standard uniform

items for operational reasons. Contracts

must include terms and clauses that

require that this authorization be

provided in writing by the CCDR and

that the uniforms are maintained in the

possession of authorized contractor

personnel at all times.

(ii) When commanders issue any type

of standard uniform item to contractor

personnel, care must be taken to ensure

that contractor personnel are

distinguishable from military personnel

through the use of distinctive patches,

arm bands, nametags, or headgear,

consistent with force protection

measures, and that contractor personnel

carry the CCDR’s written authorization

with them at all times.

(4) Weapons. Contractor personnel are

not authorized to possess or carry

firearms or ammunition during

applicable operations, except as

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

section and 32 CFR part 159. The

contract will provide the terms and

conditions governing the possession of

firearms by contractor personnel.

Information on all weapons authorized

for contractors and their personnel will

be entered into the SPOT–ES database.

(5) Mortuary affairs. The DoD

Mortuary Affairs Program, as described

in paragraph (j) of appendix A to this

part, covers all CAAF who die while

performing contractual requirements in

support of the U.S. Armed Forces.

Mortuary affairs support and

transportation will be provided on a

reimbursable basis for the recovery,

identification, and disposition of

remains and personal effects of CAAF.

(i) Every effort must be made to

identify remains and account for un-

recovered remains of contractor

personnel and their dependents who die

in military operations, training

accidents, and other incidents. The

remains of contractor personnel who die

as the result of an incident in support

of military operations are afforded the

same dignity and respect afforded to

military remains. For more information,

see paragraph (k) of appendix A to this

part.

(ii) The DoD may provide mortuary

affairs support and transportation on a

reimbursable basis for the recovery,

identification, and disposition of

remains and personal effects of non-

CAAF at the request of the Department

of State (DOS) and in accordance with

this rule, applicable agreements with

the HN, and applicable contract

provisions. The Under Secretary of

Defense for Personnel and Readiness

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

with the DOS, including for cost

reimbursement to the DoD Component

for the provision of this support.

(iii) The responsibility for

coordinating the transfer of non-CAAF

remains to the HN or affected nation

resides with the GCC in coordination

with the DOS, through the respective

embassies, or through the International

Committee of the Red Cross, the

International Federation of the Red

Cross or Red Crescent Societies, as

appropriate, and in accordance with

applicable contract clauses.

(6) Medical support and evacuation.

Generally, the DoD will provide only

resuscitative care, stabilization, and

hospitalization at military medical

treatment facilities (MTFs) and

assistance with patient movement in

emergencies where loss of life, limb, or

eyesight could occur. The DoD Foreign

Clearance Guide (FCG) and the GCC

OCS web pages contain theater-specific

contract language to provide contract

terms to clarify available healthcare for

contractor personnel. During operations

in austere, uncertain, or hostile

environments, CAAF may encounter

situations in which they cannot access

adequate medical support in the local

area.

(i) All costs associated with the

treatment and transportation of

contractor personnel to the selected

civilian facility are reimbursable to the

U.S. Government and are the

responsibility of contractor personnel,

their employers, or their health

insurance providers. For more

information, see paragraph (l) of

appendix A to this part. Nothing in this

paragraph is intended to affect the

allowability of costs incurred under a

contract.

(ii) Medical support and evacuation

procedures:

(A) All CAAF will normally be

afforded emergency medical and dental

care if injured while supporting

applicable operations. Additionally,

non-CAAF who are injured while in the

vicinity of the U.S. Armed Forces while

supporting applicable operations also

normally will receive emergency

medical and dental care. Emergency

medical and dental care includes

medical care situations in which life,

limb, or eyesight is jeopardized.

Examples of emergency medical and

dental care include:

(1) Examination and initial treatment

of victims of sexual assault.

(2) Refills of prescriptions for life-

dependent drugs.

(3) Repair of broken bones,

lacerations, and infections.

(4) Traumatic injuries to the teeth.

(B) MTFs normally will not authorize

or provide primary medical or dental

care to CAAF. When required and

authorized by the CCDR or subordinate

JFC, this support must be specifically

authorized under the terms and

conditions of the contract and detailed

in the corresponding LOA. Primary care

is not authorized for non-CAAF.

Primary care includes:

(1) Routine inpatient and outpatient

services.

(2) Non-emergency evacuation.

(3) Pharmaceutical support (with the

exception of emergency refills of

prescriptions for life-dependent drugs).

(4) Non-emergency dental services.

(5) Other medical support, as

determined by the CCDR or JFC based

on recommendations from the cognizant

medical authority and the existing

capabilities of the forward-deployed

MTFs.

term care to contractor personnel.

(D) The CCDR or subordinate

commander has the authority to

quarantine or restrict movement of

contractor personnel. For more

information, see paragraph (m) of

appendix A to this part.

(E) When CAAF are evacuated for

medical reasons from the designated

operational area to MTFs funded by the

Defense Health Program, normal

reimbursement policies will apply for

services rendered by the facility. If

CAAF require medical evacuation

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outside the United States, the sending

MTF staff will assist the CAAF in

making arrangements for transfer to a

civilian facility of the CAAF’s choice.

When U.S. forces provide emergency

medical care to LN contractor

personnel, these patients will use HN

transportation means, when possible,

for evacuation or transportation to their

local medical systems. For more

information, see paragraph (n) of

appendix A to this part.

(7) Other AGS. 48 CFR subpart 225.3

lists types of support that may be

authorized for contractor personnel who

are deployed with or otherwise provide

support to applicable operations, which

may include transportation to and

within the operational area, mess

operations, quarters, phone service,

religious support, and laundry.

(i) Contractor personnel of U.S.

owned-contractors who are supporting

DoD activities may be authorized the

use of the military postal service. For

more information, see paragraph (o) of

appendix A to this part. The extent of

postal support will be set forth in the

contract. The provisions for postal

support in such contracts must be

reviewed and approved by the

applicable CCDR, or the designated

representative, and the Military

Department concerned before execution

of the contract.

(ii) Morale, welfare, and recreation

and exchange services are authorized for

contractor personnel who are U.S.

citizens supporting DoD activities

outside the United States. For more

information, see paragraphs (p) and (q)

of appendix A to this part.

(g) Accountability and visibility of

contracts and contractor personnel. (1)

During applicable operations,

contractors will use SPOT–ES as

follows:

(i) All CAAF will register in SPOT–ES

by name.

(ii) Non-CAAF will be registered in

SPOT–ES by name if they are

performing on a DoD contract for at least

30 consecutive days unless a lesser

number of days is requested by the

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

or coalition-controlled installation.

Contracting officers will ensure non-

CAAF who require access to U.S. or

coalition-controlled installations are

registered in SPOT–ES before requesting

or receiving installation access.

(iii) All private security contractor

personnel and all other contractor

personnel authorized to carry weapons,

regardless of the length of the

performance or contract value, will

(iv) During operations other than

contingency operations, humanitarian

assistance, or peace operations,

contractors will use SPOT–ES in

situations required by the CCDR and as

follows:

(2) To account for:

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

personnel.

(ii) All private security contractor

personnel and all other contractor

personnel authorized to carry weapons,

where the designated area and place of

performance are outside the United

States, regardless of the length of

performance or contract value.

(3) The contracting officer will

account for an estimated total number of

LNs employed under the contract, by

country or on a monthly basis.

(4) Contract linguists will register in

SPOT–ES in the same manner as other

contractor personnel and will also be

tracked using the Contract Linguist

Enterprise-wide Database. For more

information, see paragraph (r) of

appendix A to this part.

(5) LNs should be registered in SPOT–

ES by name to improve data quality and

reduce confusion during a transition to

accountability requirements during a

contingency operation, which will

require by-name accountability.

(6) The DoD has designated SPOT–ES

as the joint web-based database to assist

the CCDRs in maintaining awareness of

the nature, extent, and potential risks

and capabilities associated with

contracted support for contingency

operations, humanitarian assistance,

and peacekeeping operations, or

military exercises designated by the

CCDR. To facilitate integration of

contractors and other personnel, as

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

and to ensure the accurate forecasting

and provision of accountability,

visibility, force protection, medical

support, personnel recovery, and other

related support, the following

procedures will help establish,

maintain, and validate the accuracy of

information in the database.

(i) SPOT–ES will:

(A) Serve as the central repository for

deployment status and reporting on the

contractor personnel as well as other

U.S. Government agency contractor

personnel, as applicable. For additional

information, see paragraph (s) of

appendix A to this part.

(B) Track information for all DoD

contracts that are awarded in support of

applicable operations outside of the

United States, in accordance with the

SPOT Business Rules and as directed by

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

the CCDR. SPOT–ES will collect and

report on:

(1) The total number of contractor

personnel working under contracts

entered into as of the end of each

calendar quarter.

(2) The total number of contractor

personnel performing security functions

under contracts entered into with the

DoD.

(3) The total number of contractor

personnel killed or wounded who were

performing under any contracts entered

into with the DoD.

via unique identifier (e.g., Electronic

Data Interchange Personnel Identifier or

Foreign Identification Number) of

contractor personnel and other

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

48 CFR subpart 225.3, or the CCDR.

(D) Contain, or link to, minimum

contract information necessary to:

(1) Establish and maintain

accountability of the personnel in

paragraph (g) of this section.

(2) Maintain information on specific

equipment related to the performance of

private security contracts.

(3) Maintain oversight information on

the contracted support in applicable

operations.

(E) Comply with:

(1) The personnel identity protection

program requirements found in

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

this part.

(2) The DoD Information Enterprise

architecture. For more information, see

paragraph (v) of appendix A to this part.

(3) The interoperability and secure

sharing of information requirements

found in paragraphs (w) through (y) of

appendix A to this part.

(ii) Before registering in SPOT–ES,

contracting officers, company

administrators, and U.S. Government

administrators or authorities must meet

minimum training requirements in the

SPOT Business Rules.

(iii) The contractor must enter all

required data into SPOT–ES before its

employees may deploy to or enter a

theater of operations, and maintain such

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

CFR subpart 225.3, or the CCDR.

(iv) The contracting officer will enter

the DoD contract services or capabilities

for all contracts that are awarded in

support of applicable operations,

including theater support, external

support, and systems support contracts,

into SPOT–ES consistent with 48 CFR

252.225–7040.

(v) In accordance with applicable

acquisition policy and regulations and

under the terms and conditions of each

affected contract, all contractors

awarded contracts that support

applicable operations must input

employee data and maintain

accountability, by name, of designated

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contractor personnel in SPOT–ES as

required by 48 CFR 252.225–7040.

(A) Contractors must maintain current

status of the daily location of their

employees and, when requested, submit

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

information reflecting all personnel

deployed or to be deployed in support

of applicable operations.

(B) Prime contractors must enter up-

to-date information regarding their

subcontractors at all tiers into SPOT–ES.

(vi) In all cases, users providing

classified information in response to the

requirements of this part must report

and maintain that information on

systems approved for the level of

classification of the information

provided.

(7) The contracting officer or his or

her designee will ensure a SPOT–ES-

generated LOA has been issued to all

CAAF who are approved to deploy, as

required by 48 CFR 252.225–7040, and

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

LN employees who are permanent

residents in the operational area, or

TCNs not routinely residing with the

U.S. Armed Forces who perform

support functions away from the close

proximity of, and do not reside with, the

U.S. Armed Forces, and private security

contractors), pursuant to 48 CFR subpart

225.3, or as otherwise designated by the

CCDR.

(i) The contract will require that all

contractor personnel issued an LOA

carry the LOA with them at all times.

(ii) Reserved.

(h) Theater admission requirements.

Special area, country, and theater

personnel clearance documents must be

current, in accordance with the DoD

FCG, and coordinated with affected

agencies to ensure that entry

requirements do not adversely affect

accomplishment of mission

requirements.

(1) CAAF employed in support of DoD

missions are considered DoD-sponsored

personnel for DoD FCG purposes.

(2) Contracting officers must ensure

contracts include a requirement for

contractor personnel to meet theater

personnel clearance requirements and

obtain personnel clearances through the

Aircraft and Personnel Automated

Clearance System before entering a

designated theater of operations. For

more information, see paragraph (z) of

appendix A to this part.

(3) Contracts must require contractor

personnel to obtain proper

identification credentials, such as

passports, visas, and other documents

required to enter and exit a designated

operational area, and have a required

Geneva Conventions identification card,

or other appropriate DoD credential

from the deploying center.

(i) Deployment procedures. Contracts

must contain terms and conditions that

detail the need for contractors to follow

these credentialing requirements, as

required by 48 CFR subpart 225.3, 48

CFR 252.225–7040, and as outlined in

the DoD FCG. At a minimum,

contracting officers must ensure that

contracts address operational area-

specific contract requirements and the

means by which the DoD will inform

contractor personnel of the

requirements and procedures applicable

to their deployment.

(1) Deployment center designation. A

formally designated group, joint, or

Military Department deployment center

will be used to conduct deployment and

redeployment processing for CAAF,

unless contractor-performed theater

admission preparation is authorized or

waived by the CCDR or designee

pursuant to DoDI 3020.41, ‘‘Operational

Contract Support (OCS).’’ If the contract

contains clauses that specify another

U.S. Government-authorized process

that incorporates all the functions of a

deployment center, such process may

also be used by a contractor to conduct

deployment and redeployment

processing for CAAF.

(2) Medical preparation. (i) In

accordance with 32 CFR 158.7, contracts

must require that contractors provide

medically and physically qualified

contractor personnel to perform duties

in applicable operations, as outlined in

the contract.

(A) Any CAAF deemed unsuitable to

deploy during the deployment process

due to medical or dental reasons will

not be authorized to deploy.

(B) The Secretary of Defense may

direct immunizations as mandatory for

CAAF performing essential contractor

services.

who are U.S. citizens, the contract must

require that contractors make available

the medical and dental records of

deploying employees who authorize

release for this purpose based on this

section, applicable cognizant medical

authority guidance, and relevant

Military Department policy. These

records should include current

panographic x-rays. For more

information see paragraph (aa) of

appendix A to this part.

(ii) U.S. Government personnel may

not involuntarily immunize contractor

personnel or require contractor

personnel to disclose their medical

records involuntarily. Therefore, the

contracting officer will provide

contractors time to notify and/or hire

employees who voluntarily consent to

U.S. Government medical requirements,

including to receiving U.S. Government-

required immunizations and disclosing

their private medical information to the

U.S. Government.

(iii) All CAAF will receive medical

threat pre-deployment briefings at the

deployment center to communicate

health risks and countermeasures in the

designated operational area. For more

information, see paragraph (bb) of

appendix A to this part.

(A) In accordance with GCC or JFC

plans and orders, contracts must

include terms and conditions that fully

specify health readiness and force

health protection capability, either as a

responsibility of the contractor or the

DoD Components, to ensure appropriate

medical staffing in the operational area.

(B) Health surveillance activities must

include plans for CAAF. For more

information, see paragraphs (bb) and

(cc) of appendix A to this part. Section

158.7 of this rule further addresses

deoxyribonucleic acid (DNA) collection

and other medical requirements.

(3) Training. Joint training policy and

guidance for the Military Services,

including contractors, is provided. For

more information, see paragraph (dd) of

appendix A to this part. CCDRs will

place standing training requirements on

the GCC OCS web pages for reference by

contractors. Other training requirements

that are specific to an applicable

operation will be placed on the GCC

OCS web pages shortly after identifying

the requirement so that contracting

officers can incorporate the training

requirement into the appropriate

contracts as soon as possible. Training

requirements:

(i) Must be included, or incorporated

by reference in contracts employing

contractor personnel supporting

applicable operations.

(ii) Include specific requirements

established by the CCDR and training

required in accordance with this rule,

32 CFR part 159, and paragraphs (ee)

through (hh) of appendix A to this part.

(4) Deployment center procedures.

Affected contracts must require that all

CAAF deploying from outside the

operational area process through a

designated deployment center or a U.S.

Government-authorized, contractor-

performed deployment processing

facility before deploying to an

applicable operation and redeploy in

the same manner. Upon receiving the

contracted company’s certification that

employees meet deployability

requirements, the contracting officer or

representative will digitally sign the

LOA, which CAAF will then present to

officials at the deployment center. The

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deployment process includes, but is not

limited to:

(i) Verifying registration in SPOT–ES.

(ii) Issuing applicable U.S.

Government-furnished equipment.

(iii) Verifying the completion of

medical and dental screening before

arrival.

(iv) Administering required theater-

specific immunizations and medications

not available through healthcare

providers in the general public.

(v) Verifying and, when necessary,

providing required training, country and

cultural awareness briefings, and other

training and briefings, as required by the

CCDR. Examples of required training

include, but are not limited to:

(A) Law of war, including the 1949

Geneva Conventions.

(B) Law and policy applicable to

detainee operations and intelligence

interrogation operations, as appropriate.

(D) Standards of conduct.

(E) Force protection.

(F) Personnel recovery.

(G) First aid.

(H) Combatting trafficking in persons.

(I) OPSEC.

(J) Anti-terrorism.

(K) Counterintelligence reporting.

(L) The use of CBRN protective

ensemble.

(M) Deployment health threats

briefing.

(5) Certification. Contracts supporting

applicable operations must include

terms and conditions requiring

contractors to certify to the authorized

U.S. Government representative, before

deployment, that each individual has

completed all required deployment

processing actions.

(6) Legal. Contractor personnel are not

entitled to military legal assistance in-

theater or at the deployment center.

Individual contractor personnel must

have their personal legal affairs in order

(e.g., preparing and completing powers

of attorney, wills, trusts, and estate

plans) before reporting to deployment

centers.

(7) Waivers. For required contracted

support of 17 days or less in an

operational area, the CCDR or designee

may waive a portion of the formal

procedural requirements pursuant to

DoDI 3020.41, ‘‘Operational Contract

Support (OCS),’’ which may include the

CCDR or designee waiving the

requirement in writing for processing

through a deployment center. However,

the CCDR or designee may not waive the

requirements to possess proper

identification cards and to establish and

maintain accountability for all

contractor personnel, or any medical

requirement without the prior approval

of the cognizant medical authority or

their designee. If a contract authorizes

contractor personnel to be armed, the

requirements of paragraphs (c)(4) and

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

(j) Reception—(1) Designated

reception site. In applicable operations,

all CAAF must enter into the

operational area through a designated

reception site.

(i) Based upon a visual inspection of

the LOA, the site will verify that

contractor personnel are entered in

SPOT–ES and meet theater-specific

entry requirements.

(ii) Contractor personnel already in

the designated operational area when a

contingency is declared must report to

the designated reception site as soon as

it is operational based on the terms and

conditions of the contract.

(iii) When entering a designated

reception site for theater entry

processing, if any CAAF does not have

the proper documentation to perform in

an area, he or she will be refused entry

into the theater, and the contracting

officer will notify the contractor to take

the necessary action to resolve the issue.

Should the contractor fail to take action,

the CAAF individual will be sent back

to his or her departure point, or directed

to report to the Military Service

Component command or Defense

Agency responsible for that specific

contract for theater entrance processing.

(2) Contractor integration. It is critical

that CAAF brought into an operational

area are properly integrated into the

military operation through a formal

reception process. At a minimum, they

will:

(i) Meet theater entry requirements

and be authorized to enter the theater.

(ii) Be accounted for in SPOT–ES.

(iii) Possess any required IPE,

including CBRN protective ensemble.

(iv) Be authorized any contractually

required AGS and force protection.

(k) In-theater management—(1)

Conduct and discipline. Contract terms

and conditions must require that CAAF

comply with CCDR theater orders,

applicable directives, laws, and

regulations. Non-CAAF who require

base access to perform contractual

requirements must follow base force

protection and security-related

procedures, as applicable.

(i) The contracting officer may

appoint a designee (usually a COR) as a

liaison between the contracting officer

and the contractor and requiring

activity. This designee monitors and

reports contractor performance and

requiring activity concerns to the

contracting officer. In emergency

situations (e.g., enemy or terrorist

actions or natural disaster), the

cognizant military commander may

recommend or issue warnings or

messages urging contractor personnel to

take emergency actions to remove

themselves from harm’s way or to take

other appropriate self-protective

measures. During armed conflict,

contractor personnel are not exempt

from the authority that commanders

may exercise to control the movement of

persons and vehicles within the

immediate vicinity of operations. For

more information, see §§ 5.2.2.1, 13.8,

and 14.6 of paragraph (e) of appendix A

to this part.

(ii) The contractor is responsible for

disciplining contractor personnel, as

necessary and appropriate. However, in

accordance with paragraph (h)(1) of 48

CFR 252.225–7040, the contracting

officer may direct the contractor, at its

own expense, to remove and replace any

contractor personnel who jeopardize or

interfere with mission accomplishment,

who threaten force protection measures,

or who fail to comply with or violate

applicable requirements of the contract.

Such action may:

(A) Include contractor personnel

whose actual field performance

(certification or professional standard) is

below the contractual requirement.

(B) Be taken at U.S. Government

discretion without prejudice to the

contractor’s rights under any other

provision of the contract. A commander

also has the authority to take certain

actions affecting contractor personnel,

such as the ability to revoke or suspend

security access or impose restrictions

from access to military installations or

specific worksites.

(iii) CAAF, or individuals employed

by or accompanying the Military

Services outside the United States, are

subject to potential prosecutorial action

under the criminal jurisdiction of the

United States, pursuant to Sections 7,

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

or other provisions of U.S. law,

including the UCMJ.

(A) Commanders possess significant

authority to act whenever criminal acts

are committed by anyone subject to the

MEJA and UCMJ that relates to or affects

the commander’s responsibilities. This

includes situations in which the alleged

offender’s precise identity or actual

affiliation is undetermined. The March

10, 2008, Secretary of Defense

Memorandum provides guidance to

commanders on the exercise of this

UCMJ jurisdiction over DoD contractor

personnel serving with or

accompanying the U.S. Armed Forces

overseas during declared war and in

contingency operations.

(B) Contracting officers will ensure

that contractors are aware of their

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employees’ status and liabilities as

CAAF and the required training

associated with this status.

to an incident, restore safety and order,

investigate, apprehend suspected

offenders, and otherwise address the

immediate needs of the situation.

(iv) The Department of Justice may

prosecute misconduct under applicable

Federal laws, including MEJA and 18

U.S.C. 2441. Contractor personnel also

are normally subject to the domestic

criminal law of the local country. When

confronted with disciplinary problems

involving contractor personnel,

commanders should seek the assistance

of their legal staff, the contracting officer

responsible for the contract, and the

contractor’s management team.

(v) In the event of an investigation of

reported offenses allegedly committed

by or against contractor personnel,

appropriate investigative authorities

will keep the contracting officer

informed, to the extent possible without

compromising the investigation, if the

alleged offense has a potential contract

performance implication.

(2) Force protection and weapons

issuance. CCDRs must include

contractor personnel in their force

protection planning and communicate

the results to contracting activities and

contractors via the GCC OCS web page.

In general, contractors are responsible

for the security of their own personnel.

Contractor personnel working within a

U.S. military facility or in close

proximity to the U.S. Armed Forces may

receive incidentally the benefits of

measures taken to protect the U.S.

Armed Forces. For more information,

see paragraph (ee) of appendix A to this

part. However, where additional

security is needed to achieve force

protection, and it is not operationally or

cost effective for contractors to do so

individually, the commander may

determine it is in the interests of the

U.S. Government to provide security for

contractor personnel. When security is

provided through military means,

contractor personnel should receive a

level of force protection equal to that of

DoD civilian employees.

(i) When the CCDR deems military

force protection and legitimate civil

authority are unavailable or insufficient,

he or she may authorize, in writing,

contractor personnel to be armed for

self-defense purposes only. In

authorizing contractor personnel to be

armed, the contractor, the armed

contractor personnel, and the U.S.

military must adhere to:

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

international law;

(B) Relevant SOFAs and other

agreements;

authorities; and

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

guidance and orders regarding the

possession, use, safety, accountability of

weapons and ammunition that are

issued by the CCDR.

(ii) Depending on the operational

situation and the specific circumstances

of contractor personnel, the contractor

may apply for its personnel to be armed

for self-defense purposes on a case-by-

case basis. The appropriate Staff Judge

Advocate (or their designee) to the

CCDR will review all applications to

ensure there is a legal basis for approval.

In reviewing applications, CCDRs will

apply the criteria mandated for arming

contractor personnel for private security

services consistent with 32 CFR part

159.

(A) In such cases, the contractor will

validate to the contracting officer, or

designee, that the contractor personnel

have received weapons familiarization,

qualification, and briefings regarding

the rules for the use of force, in

accordance with CCDR policies.

(B) Acceptance of weapons by

contractor personnel is voluntary. In

accordance with paragraph (j) of 48 CFR

252.225–7040, the contract must require

contractors to ensure that applicable

U.S. law does not prohibit personnel

from possessing firearms.

contractor personnel to comply with

applicable CCDR and local commander

force protection policies. When armed

for personal protection, the contract

may only authorize contractor personnel

to use force for self-defense and must

require contractors to ensure that U.S.

law does not prohibit its personnel from

possessing firearms, in accordance with

paragraph (j) of 48 CFR 252.225–7040.

Unless not subject to local laws or HN

jurisdiction by virtue of an international

agreement or customary international

law, the contract must include terms

and conditions setting forth that the

inappropriate use of force could subject

contractor personnel to U.S. and/or

local or HN prosecution and civil

liability.

(3) Personnel recovery, missing

persons, and casualty reporting. (i) The

DoD personnel recovery program

applies to all CAAF regardless of their

citizenship. For more information, see

paragraph (ii) of appendix A to this part.

If a CAAF individual becomes isolated

or unaccounted for, the contractor must

promptly file a search and rescue

incident report to the theater’s

personnel recovery architecture (e.g.,

the component personnel recovery

coordination cell or the CCMD joint

personnel recovery center).

(ii) Upon recovery following an

isolating event, a CAAF returnee must

enter the first of the three phases of

reintegration. For more information, see

paragraph (jj) of appendix A to this part.

The contractor must offer the additional

phases of reintegration to the returnee to

ensure his or her physical and

psychological well-being while

adjusting to the post-captivity

environment.

(iii) The contractor must report all

CAAF and non-CAAF casualties. For

more information, see paragraph (s) of

appendix A to this part.

(l) Redeployment procedures. The

considerations in this section apply

during the redeployment of CAAF. At

the end of the performance period of a

contract, or in cases of early

redeployment, CAAF must complete the

redeployment process to adjust AGS

requirements and turn in U.S.

Government-provided equipment.

(1) Preparation for redeployment.

CAAF must complete intelligence out-

briefs and customs and immigration

briefings and inspections in accordance

with CCDR policy and applicable HN

law. CAAF are subject to customs and

immigration processing procedures at

all designated stops and their final

destination during their redeployment.

CAAF returning to the United States are

subject to U.S. reentry customs

requirements in effect at the time of

reentry.

(2) Transportation out of theater. The

terms and conditions of the contract

will state whether the U.S. Government

will provide transportation out of

theater.

(i) Upon completion of the

deployment or other authorized release,

the U.S. Government must provide

contractor personnel transportation

from the theater of operations to the

location from which they deployed, in

accordance with each individual’s LOA

and unless otherwise directed. If

commercial transportation is not

available, it should be stated in the LOA

in accordance with paragraph (l) of

appendix A to this part. CAAF are also

required to depart from the operational

area through the designated reception

site.

(ii) Before redeployment, the

contractor personnel, through his or her

contractor, will coordinate exit times

and transportation with the continental

U.S. replacement center or designated

reception site.

(3) Redeployment center procedures.

In most instances, the deployment

center or site that prepared the CAAF

for deployment will serve as the return

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processing center. As part of CAAF

redeployment processing, the

designated reception site personnel will

screen contractor records, recover U.S.

Government-issued identification cards

and equipment, and conduct

debriefings, as appropriate. The

returning CAAF will spend the

minimum amount of time possible at

the return processing center in order to

complete the necessary administrative

procedures.

(i) Contractor personnel must return

all U.S. Government-issued

identification and access badges (e.g.,

badges, key cards, and other access

devices, including CACs).

(ii) Contractor personnel must return

any issued clothing and equipment and

report any lost, damaged, or destroyed

clothing and equipment in accordance

with procedures of the issuing facility.

Contractor personnel also will receive a

post-deployment medical briefing on

signs and symptoms of potential

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

some countries hosting an intermediate

staging base may not permit certain

items to enter their territory, certain

clothing and equipment, whether issued

by the contractor, purchased by the

employee, or provided by the DoD, may

not be permitted to be removed from the

AOR. In this case, CCDR or JFC

guidance and contract terms and

conditions will provide alternate

methods of accounting for U.S.

Government-issued equipment and

clothing.

(4) Update to SPOT–ES. Contracting

officers or their designated

representatives must verify that

contractors have updated SPOT–ES to

reflect their employee’s change in status

within three days of a contractor

employee’s redeployment, close out the

deployment, and collect or revoke the

LOA.

(5) Transportation to home

destination. Transportation of CAAF

from the deployment center or site to

their home destinations is the

employer’s responsibility.

§ 158.6 Guidance for contractor medical

and dental fitness.

(a) General. (1) DoD contracts

requiring the deployment of CAAF must

include medical and dental fitness

requirements as specified in this

section. Under the terms and conditions

of their contracts, contractors will

employ personnel who meet such

medical and dental requirements.

Replacement of non-medically qualified

contractor personnel already deployed

to theater will be at the contractor’s cost.

(2) The GCC concerned will establish

force health protection policies and

programs for the protection of all forces

assigned or attached to their command

in accordance with force health

protection (FHP) standards and

applicable medical and dental standards

of fitness in order to promote and

sustain a healthy and fit force. For more

information, see paragraph (kk) of

appendix A to this part. When the

requiring activity requests exceptions to

these standards through the contracting

officer, the CCDR concerned will

establish a process for reviewing such

exceptions and ensuring that a

mechanism is in place to track and

archive all approved and denied

waivers, including the medical

condition supporting the basis for the

waiver.

(3) The GCC concerned will ensure

that processes and procedures are in

place to remove contractor personnel in

theater who are not medically qualified,

once so identified by a healthcare

provider. The GCC concerned will

ensure development of appropriate

procedures and criteria for requiring

removal of contractor personnel

identified as ‘‘no longer medically

qualified,’’ and post such language on

the GCC OCS web page. Contracting

officers will incorporate the language

into clauses for all contracts for

performance in the AOR.

(4) Unless otherwise stated in the

contract terms and conditions, all

medical evaluations and treatment are

the contractor’s responsibility.

(b) Medical and dental evaluations.

(1) All CAAF deploying in support of an

applicable operation must be medically,

dentally, and psychologically fit for

deployment pursuant to paragraph (kk)

of appendix A to this part and CCDR

guidance. Fitness specifically includes

the ability to accomplish the tasks and

duties unique to a particular operation

and the ability to tolerate the

environmental and operational

conditions of the deployed location.

Under the terms and conditions of their

contracts, contractors will employ

medically, dentally, and psychologically

fit contractor personnel to perform

contractual duties.

(2) All CAAF must undergo a medical

and dental assessment within 12

months before arrival at the designated

deployment center or U.S. Government-

authorized contractor-performed

deployment processing facility. This

assessment, conducted by the

contractor’s medical health provider,

should emphasize diagnosing system

disease conditions (e.g., cardiovascular,

pulmonary, orthopedic, neurologic,

endocrinologic, dermatologic,

psychological, visual, auditory, dental)

that may preclude the CAAF from

performing the functional requirements

of the contract, especially in the austere

work environments encountered in

some applicable operations.

(3) CAAF will receive a health threat

and countermeasures briefing from the

applicable Military Service before

deployment to the operational area. For

more information, see paragraph (bb) of

appendix A to this part.

(4) In general, CAAF who have any of

the medical conditions listed in

paragraph (j) of this section should not

be deployed.

(5) Individuals who are deemed ‘‘not

medically fit’’ at the deployment center

or at any period during the deployment

process based upon an individual

assessment by a licensed medical

provider, or who require extensive

preventive dental care (see paragraph

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

authorized to deploy.

(6) Non-CAAF shall be medically

screened by a U.S. Government designee

when required by the requiring activity

and the contract, for the class of labor

under consideration (e.g., LNs working

in a dining facility).

(7) Contracts will require contractors

to replace individuals who develop

conditions that cause them to become

medically unqualified to perform

contractual requirements at any time

during contract performance.

(8) Contracts must require that CAAF

complete a post-deployment health

assessment in the Defense Medical

Surveillance System at the end of their

deployment or within 30 days of

redeployment. For more information,

see paragraph (bb) of appendix A to this

part.

contractor personnel require vision

correction, they must have two pairs of

glasses, and if applicable, eyeglass

inserts for a chemical protective mask.

The contractor personnel may also

provide a written prescription to the

supporting military medical component

in order to prepare eyeglass inserts for

use in a compatible chemical protective

mask. If the type of protective mask to

be issued is known and time permits,

the military medical component should

attempt to complete the preparation of

eyeglass inserts before deployment.

(2) Wearing contact lenses in a field

environment is not recommended and is

at the contractor personnel’s own risk

due to the potential for irreversible eye

damage caused by debris, chemical or

other hazards present, and the lack of

ophthalmologic care in a field

environment.

(d) Medications. Other than those

force health protection prescription

products provided by the U.S.

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Government to CAAF and selected non-

CAAF, contracts must require that

contractor personnel deploy with a

minimum 90-day supply of any required

medications obtained at their own

expense. For more information, see

paragraph (bb) of appendix A to this

part.

(1) Contractor personnel must know

that deployed medical units are

equipped and staffed to provide

emergency care to healthy adults and

are unable to provide or replace many

medications required for routine

treatment of chronic medical

conditions, such as high blood pressure,

heart conditions, and arthritis.

(2) The contract must require

contractor personnel to review both the

amount of the medication and its

suitability in the foreign area with their

personal physician and make any

necessary adjustments before deploying.

The contract must also hold the

contractor personnel responsible for the

re-supply of required medications.

(e) Comfort items. The contract must

require that contractor personnel take

spare hearing-aid batteries, sunglasses,

insect repellent, sunscreen, and any

other supplies related to their

individual physical requirements. DoD

sources will not provide these items.

(f) Immunizations. A list of

immunizations, both those required for

entry into the designated area of

operations and those recommended by

medical authorities, will be produced by

the cognizant medical authority for each

deployment; posted to the GCC OCS

web page and DoD FCG; and

incorporated in contracts for

performance in the designated AOR.

(1) The GCC, upon the

recommendation of the cognizant

medical authority, will provide

contractor personnel who are deploying

to the applicable theater of operation

guidance and a list of immunizations

required to protect against

communicable diseases assessed to be a

potential hazard to their health. The

cognizant medical authority will

prepare and maintain this list.

(2) The contract must require that

CAAF be immunized appropriately

before completing the pre-deployment

process.

(3) During pre-deployment

processing, the DoD will provide

contractor personnel, at no cost to the

contractor, any theater-specific

immunizations and medications not

available to the general public.

Contractor personnel must obtain all

other immunizations before arrival at

the deployment center, documented on

the International Certificate of

Vaccinations of Prophylaxis as

approved by the World Health

Organization or the Department of

Health and Human Services Centers for

Disease Control and Prevention Form

731. However, the contract must

stipulate that CAAF and selected non-

CAAF obtain all other necessary

immunizations before their arrival at the

deployment center. The TB skin test is

required for all contractor personnel

within three months before they are

deployed.

(4) The DoD will provide theater-

specific medical supplies and force

health protection prescription products

to CAAF and selected non-CAAF.

Additionally, these personnel will

receive deployment medication

information sheets for all vaccines or

deployment-related medications that are

to be dispensed or administered.

(5) Contractors will ensure that

individuals with a positive TB skin test

be evaluated for targeted diagnosis and

treatment of latent TB infection in

accordance with the procedures

outlined in the World Health

Organization Guidelines on the

Management of Latent Tuberculosis

Infection.

(6) The contract must stipulate that

CAAF and selected non-CAAF bring a

current copy of the International

Certificate of Vaccination or Prophylaxis

to the pre-deployment processing center

and to the operational area.

(g) Human Immunodeficiency Virus

(HIV) Testing. HIV testing is not

mandatory for contractor personnel

unless specified by the GCC CCDR or by

host nation requirements. HIV testing, if

required, must occur within one year

before deployment.

(h) Armed Forces Repository of

Specimen Samples for the Identification

of Remains (AFRSSIR). For

identification of remains purposes,

contractors whose CAAF members are

U.S. citizens will obtain a dental

panograph and will forward a specimen

sample suitable for DNA analysis to,

and ensure it is on file with, the

AFRSSIR before or during deployment

processing and recorded in SPOT–ES.

The DoD Components must ensure that

all contracts require CAAF who are U.S.

citizens to provide DNA specimen

samples for AFRSSIR as a condition of

deployment. For more information, see

paragraph (ll) of appendix A to this part.

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

processing through a deployment center

will have a DNA specimen sample

collected and forwarded to the AFRSSIR

for storage. Contracts must require

contractors to verify in SPOT–ES or its

successor that AFRSSIR has received

the DNA specimen sample or that the

contractor has collected the DNA

specimen sample.

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

not process through a deployment

center, or the contractor is authorized to

process its own personnel, the contract

must require that the contractor collect

and forward DNA specimen samples for

all contractor personnel who are

deployed as CAAF to the AFRSSIR.

Regardless of what specimen collection

and storage arrangements are made, all

contractors deploying CAAF who are

U.S. citizens must provide the CAAF’s

name and Social Security number,

location of the DNA specimen sample,

facility contact information, and

retrieval plan to AFRSSIR. If the

AFRSSIR is not used and a CAAF who

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

contractor must be able to retrieve

identification media for use by the

Armed Forces Medical Examiner

(AFME) or other competent authority to

conduct a medical-legal investigation of

the incident and identification of the

victim or victims. These records must be

retrievable within 24 hours for

forwarding to the AFME when there is

a reported incident that would

necessitate their use for identifying

human remains. The contractor shall

have access to the location of its

employees’ fingerprint, medical, and

dental records, including panographs.

(3) AFRSSIR is responsible for

implementing special rules and

procedures to ensure the protection of

privacy interests in regards to the

specimen samples and any DNA

analysis of those samples. Specimen

samples shall only be used for the

purposes outlined in paragraph (ll) of

appendix A to this part.

(i) Pre-existing medical conditions.

All evaluations of pre-existing medical

conditions should occur before

contractor personnel deploy. Personnel

who have pre-existing medical

conditions may deploy if:

(1) The condition is not of such a

nature it is likely to have a medically

grave outcome or a negative impact on

mission execution if it unexpectedly

worsens.

(2) The condition is stable and

reasonably anticipated by the pre-

deployment medical evaluator not to

worsen during the deployment under

contractor-provided medical care in-

theater in light of the physical,

physiological, psychological,

environmental, and nutritional effects of

the duties and location.

(3) Any required ongoing health care

or medications must be available or

accessible to contractor personnel,

independent of the military health

system, and not be subject to special

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handling, storage, or other requirements

(e.g., refrigeration requirements and/or

cold chain, electrical power

requirements) that cannot be met in the

specific theater of operations.

(4) The condition does not and is not

anticipated to require duty limitations

that would preclude performance of

contractual requirements or to require

accommodation by the DoD component

or requiring activity. When necessary,

the cognizant medical authority (or

delegated representative) is the

appropriate authority to evaluate the

suitability of an individual’s limitations

in theater.

(5) There is no need for routine out-

of-theater evacuation for continuing

diagnostics or other evaluations.

(j) Conditions usually precluding

medical clearance. This section is not

intended to be comprehensive. A list of

all possible diagnoses, including

relevant severity levels that should

preclude approval by the cognizant

medical authority or designee would be

too expansive to list in this part. These

are minimum requirements. Contractor

personnel may have additional medical

clearance requirements based on their

occupation and local laws. It is the

responsibility of the contractor to ensure

that its employees’ medical clearances

comply with any applicable local

occupation-specific medical

requirements.

(1) In general, individuals with the

conditions in paragraph (b) of § 158.7,

based on an individual assessment

pursuant to paragraph (bb) of appendix

A to this part, will not normally be

approved for deployment to provide

contractual support in applicable

operations. The medical evaluator must

carefully consider whether climate;

altitude; the nature of available food and

housing available; the nature of medical,

behavioral health, and dental services;

or other environmental or operational

factors may prove hazardous to the

deploying person’s heath because of a

known physical or mental condition.

(2) Medical clearance for deployment

of persons with any of the conditions in

this section shall be granted by the

contracting officer only after

consultation with the appropriate

cognizant medical authority or a

designated representative. The

cognizant medical authority makes

recommendations and serves as the

GCC’s advisor on conditions precluding

the medial clearance of deploying

personnel; however, the geographic

CCDR is the final approval or

disapproval authority except as

provided in paragraph (k)(3) of this

section. The cognizant medical

authority or designated representative

may determine if adequate treatment

facilities and specialist support are

available at the duty station for:

(i) Physical or psychological

conditions resulting in the inability to

wear IPE effectively, if wearing IPE may

be reasonably anticipated or required in

the deployed location.

(ii) Conditions that prohibit

immunizations or use of force health

protection prescription products

required for the specific deployment.

Depending on the applicable threat

assessment, required force health

protection prescription products,

vaccines, and countermeasures may

include atropine, epinephrine, and/or 2-

pam chloride auto-injectors, certain

antimicrobials, antimalarials, and/or

pyridostigmine bromide.

(iii) Any chronic medical conditions

that require frequent clinical visits, fail

to respond to adequate conservative

treatment, or necessitate significant

limitation of physical activity.

(iv) Any medical conditions that

require durable medical equipment or

appliances or periodic evaluation or

treatment by medical specialists not

readily available in theater (e.g.,

Continuous Positive Airway Pressure

(CPAP) machine for sleep apnea).

(v) Any unresolved acute or chronic

illness or injuries that would impair

duty performance in a deployed

environment during the duration of the

deployment.

(vi) Active TB or known blood-borne

diseases that may be transmitted to

others in a deployed environment. (For

HIV infections, see paragraph (j)(2)(xvii)

of this section.)

(vii) An acute exacerbation of a

physical or mental health condition that

could affect duty performance.

(viii) Recurrent loss of consciousness

for any reason.

(ix) Any medical condition that could

result in sudden incapacitation

including a history of stroke within the

last 24 months, seizure disorders, and

diabetes mellitus type I or II, treated

with insulin or oral hypoglycemic

agents.

(x) Hypertension not controlled with

medication or that requires frequent

monitoring to achieve control.

(xi) Pregnancy.

(xii) Cancers for which individuals

are receiving continuing treatment or

that require periodic specialty medical

evaluations during the anticipated

duration of the deployment.

(xiii) Precancerous lesions that have

not been treated or evaluated and that

require treatment or evaluation during

the anticipated duration of the

deployment.

(xiv) Any medical conditions that

require surgery or for which surgery has

been performed that requires

rehabilitation or additional surgery to

remove devices.

(xv) Asthma that has a Forced

Expiratory Volume-1 (FEV–1) of less

than or equal to 50 percent of predicted

FEV–1 despite appropriate therapy, that

has required hospitalization at least two

times in the last 12 months, or that

requires daily systemic oral or injectable

steroids.

(xvi) Any musculoskeletal conditions

that significantly impair performance of

duties in a deployed environment.

(xvii) HIV antibody positive with the

presence of progressive clinical illness

or immunological deficiencies. The

contracting officer should consult the

cognizant medical authority in all

instances of HIV seropositivity before

medical clearance for deployment.

(xviii) Hearing loss. The requirement

for use of a hearing aid does not

necessarily preclude deployment.

However, the individual must have

sufficient unaided hearing to perform

duties safely.

(xix) Loss of vision. Best corrected

visual acuity must meet job

requirements to perform duties safely.

(xx) Symptomatic coronary artery

disease.

(xxi) History of myocardial infarction

within one year of deployment.

(xxii) History of coronary artery

bypass graft, coronary artery

angioplasty, carotid endarterectomy,

other arterial stenting, or aneurysm

repair within one year of deployment.

(xxiii) Cardiac dysrhythmias or

arrhythmias, either symptomatic or

requiring medical or electrophysiologic

control, such as the presence of an

implanted defibrillator and/or

pacemaker.

(xxiv) Heart failure.

(xxv) Individuals without a dental

exam within the last 12 months or who

are likely to require dental treatment or

reevaluation for oral conditions that are

likely to result in dental emergencies

within 12 months.

(xxvi) Psychotic and/or bipolar

disorders. For detailed guidance on

deployment-limiting psychiatric

conditions or psychotropic medications,

see paragraph (mm) of appendix A to

this part.

(xxvii) Psychiatric disorders under

treatment with fewer than three months

of demonstrated stability.

(xxviii) Clinical psychiatric disorders

with residual symptoms that impair

duty performance.

(xxix) Mental health conditions that

pose a substantial risk for deterioration

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or recurrence of impairing symptoms in

the deployed environment.

(xxx) Chronic medical conditions that

require ongoing treatment with

antipsychotics, lithium, or

anticonvulsants.

(k) Exceptions to medical standards

(waivers). If a contractor believes an

individual CAAF with one of the

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

through (xxx) of this section can

accomplish his or her tasks and duties

and tolerate the environmental and

operational conditions of the deployed

location, the contractor may request a

waiver for that individual through the

contracting officer to the CCDR for

approval.

(1) It is unlikely that the CCDR will

grant waivers for contractor personnel.

Thus, the contractor must provide an

explanation as to why it has no other

qualified employees available who meet

the medical standards to fulfill the

deployed duties. Contractors will

include a summary of a detailed

medical evaluation or consultation

concerning the medical condition or

conditions in the requests for waivers.

Since maximization of mission

accomplishment and the protection of

the health of personnel are the ultimate

goals, justification for the waiver will

include:

(i) Statement indicating the CAAF

individual’s experience.

(ii) The position the CAAF individual

will occupy and the nature and scope of

contractual duties assigned.

(iii) Any known specific hazards of

the position.

(iv) Anticipated availability and need

for care while deployed.

(v) The benefit expected to accrue

from the waiver.

(2) Medical clearance to deploy or

continue serving in a deployed

environment for persons with any of the

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

through (xxx) of this section must have

the concurrence of the cognizant

medical authority, or designee, who will

recommend approval or disapproval to

the GCC. The GCC, or designee, is the

final decision authority for approvals

and disapprovals.

(3) For CAAF employees working

with Special Operations Forces

personnel who have conditions in

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

section, medical clearance may be

granted by the contracting officer after

consultation with the appropriate

Theater Special Operations Command

(TSOC) surgeon. The TSOC surgeon, in

coordination with the CCMD cognizant

medical authority and senior in-theater

medical authority, will ascertain the

capability and availability of treatment

facilities and specialist support in the

general duty area versus the operational

criticality of the particular SOF member.

The TSOC surgeon will recommend

approval or disapproval to the TSOC

Commander. The TSOC Commander is

the final approval or disapproval

authority.

Appendix A to Part 158—Related

Policies

The Operational Contract Support Outside

the United States Program is supported by

the following policies:

(a) DoD Directive 5124.02, ‘‘Under

Secretary of Defense for Personnel and

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

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

issuances/dodd/512402p.pdf).

(b) DoD Instruction 1100.22, ‘‘Policy and

Procedures for Determining Workforce Mix’’

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

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

110022p.pdf).

Service Determinations for Civilian or

Contractual Groups’’ (available at https://

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

issuances/dodd/100020p.pdf).

(d) DoD Instruction, ‘‘Combating

Trafficking in Persons (CTIP)’’ (available at

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

Documents/DD/issuances/dodi/

220001p.pdf).

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

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

ogc.osd.mil/images/law_war_manual_

december_16.pdf).

(f) DoD Instruction 1000.01, ‘‘Identification

(ID) Cards Required by the Geneva

Conventions’’ (available at https://

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

issuances/dodi/100001p.pdf).

(g) DoD Instruction 1000.13, ‘‘Identification

(ID) Cards for Members of the Uniformed

Services, Their Dependents, and Other

Eligible Individuals’’ (available at https://

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

issuances/dodi/100013p.pdf).

(h) DoD Manual 1000.13, ‘‘DoD

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

Volume 1 (available at https://

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

issuances/dodm/100013_vol1.pdf).

(i) DoD Manual 1000.13, ‘‘DoD

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

Volume 2 (available at https://

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

issuances/dodm/100013_vol2.pdf).

(j) DoD Directive 1300.22, ‘‘Mortuary

Affairs Policy’’ (available at https://

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

issuances/dodd/130022p.pdf).

(k) DoD Instruction 1300.18, ‘‘Department

of Defense (DoD) Personnel Casualty Matters,

Policies, and Procedures’’ (available at

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

Documents/DD/issuances/dodi/

130018p.pdf).

(l) DoD Instruction 4515.13, ‘‘Air

Transportation Eligibility’’ (available at

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

Documents/DD/issuances/dodi/

451513p.PDF).

(m) DoD Instruction 6200.03, ‘‘Public

Health Emergency Management (PHEM)

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

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

issuances/dodi/620003p.pdf).

(n) DoD Instruction 6000.11, ‘‘Patient

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

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

issuances/dodi/600011p.pdf).

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

Postal Manual’’ (available at https://

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

issuances/dodm/452506m.pdf).

(p) DoD Instruction 1015.10, ‘‘Military

Morale, Welfare, and Recreation (MWR)

Programs’’ (available at https://

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

issuances/dodi/101510p.pdf).

(q) DoD Directive 1330.21, ‘‘Armed

Services Exchange Regulations’’ (available at

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

Documents/DD/issuances/dodi/

133021p.pdf).

(r) DoD Directive 5160.41E, ‘‘Defense

Language, Regional Expertise, and Culture

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

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

issuances/dodd/516041Ep.pdf).

(s) Synchronized Predeployment and

Operational Tracker (SPOT) Business Rules

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

PS/spot.html).

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

Privacy Program’’ (available at https://

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

issuances/dodm/540011r.pdf).

(u) DoD Manual 6025.18, ‘‘Implementation

of the Health Insurance Portability and

Accountability Act (HIPPA) Privacy Rule in

DoD Health Care Programs’’ (available at

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

Documents/DD/issuances/dodm/

602518m.pdf).

(v) DoD Directive 8000.01, ‘‘Management of

the Department of Defense Information

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

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

issuances/dodd/800001p.pdf).

(w) DoD Instruction 8320.02, ‘‘Sharing

Data, Information, and Information

Technology (IT) Services in the Department

of Defense’’ (available at https://

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

issuances/dodi/832002p.pdf).

(x) DoD Instruction 8330.01,

‘‘Interoperability of Information Technology

(IT), Including National Security Systems

(NSS)’’ (available at https://

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

issuances/dodi/833001p.pdf).

(y) DoD Instruction 8500.01,

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

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

issuances/dodi/850001_2014.pdf).

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

Clearance Program (FCP)’’ (available at

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

Documents/DD/issuances/dodd/

450054E.pdf).

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

Immunodeficiency Virus (HIV)/Acquired

Immune Deficiency Syndrome (AIDS)

Prevention Program (DHAPP) to Support

Foreign Militaries’’ (available at https://

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

issuances/dodd/648502E.pdf).

(bb) DoD Instruction 6490.03, ‘‘Deployment

Health’’ (available at https://

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1080

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

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

issuances/dodi/649003p.pdf).

(cc) DoD Directive 6490.02E,

‘‘Comprehensive Health Surveillance’’

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

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

649002Ep.pdf).

(dd) CJCS Instruction 3500.01H, ‘‘Joint

Training Policy for the Armed Forces of the

United States’’ (available at https://

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

Instructions/3500_01.pdf).

(ee) DoD Instruction 2000.12, ‘‘DoD

Antiterrorism (AT) Program’’ (available at

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

Documents/DD/issuances/dodi/

200012p.pdf).

(ff) DoD Directive 2310.01, ‘‘DoD Detainee

Program’’ (available at https://

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

issuances/dodd/231001e.pdf).

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

War Program’’ (available at https://

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

issuances/dodd/231101e.pdf).

(hh) DoD Directive 3115.09, ‘‘DoD

Intelligence Interrogations, Detainee

Debriefings, and Tactical Questioning’’

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

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

311509p.pdf).

(ii) DoDD 3002.01, ‘‘Personnel Recovery in

the Department of Defense’’ (available at

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

Documents/DD/issuances/dodd/

300201p.pdf).

(jj) DoD Instruction 3002.03, ‘‘DoD

Personnel Recovery—Reintegration of

Recovered Personnel’’ (available at https://

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

issuances/dodi/300203p.pdf).

(kk) DoD Directive 6200.04, ‘‘Force Health

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

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

issuances/dodd/620004p.pdf).

(ll) DoD Instruction 5154.30, ‘‘Armed

Forces Medical Examiner System (AFMES)

Operations’’ (available at https://

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

issuances/dodi/515430p.pdf).

(mm) Assistant Secretary of Defense for

Health Affairs Memorandum, ‘‘Policy

Guidance for Deployment-Limiting

Psychiatric Conditions and Medications,’’

November 7, 2006 (available at http://

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

deployment-limiting_psych_conditions_

meds.pdf).

Dated: October 30, 2020.

Patricia L. Toppings,

OSD Federal Register Liaison Officer,

Department of Defense.

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

BILLING CODE 5001–06–P

POSTAL SERVICE

39 CFR Part 111

Extra Services Refund Time Limit

AGENCY

: Postal Service

ACTION

: Proposed rule; revision;

additional comment period.

SUMMARY

: The Postal Service is revising

its pending proposal to amend Mailing

Standards of the United States Postal

Service, Domestic Mail Manual (DMM

)

in subsection 604.9.2 to revise the time

limit for extra service refunds.

DATES

: Submit comments on or before

February 8, 2021.

ADDRESSES

: Mail or deliver written

comments to the manager, Product

Classification, U.S. Postal Service, 475

L’Enfant Plaza SW, Room 4446,

Washington, DC 20260–5015. If sending

comments by email, include the name

and address of the commenter and send

to PC Federal Register@usps.gov, with a

subject line of ‘‘Extra Services Refund

Time Limit’’. Faxed comments are not

accepted.

Confidentiality

All submitted comments and

attachments are part of the public record

and subject to disclosure. Do not

enclose any material in your comments

that you consider to be confidential or

inappropriate for public disclosure.

You may inspect and photocopy all

written comments, by appointment

only, at USPS

Headquarters Library,

475 L’Enfant Plaza SW, 11th Floor

North, Washington, DC 20260. These

records are available for review on

Monday through Friday, 9 a.m.–4 p.m.,

by calling 202–268–2906.

FOR FURTHER INFORMATION CONTACT

Sheila Marano at (202) 268–4257,

Adaisja Johnson at (202) 268–6724, or

Garry Rodriguez at (202) 268–7281.

SUPPLEMENTARY INFORMATION

: On May

14, 2020, the Postal Service published a

notice of proposed rulemaking (85 FR

28917–28918) to revise the time limit

for extra service refunds on all classes

of mail except Priority Mail Express

The Postal Service has elected to issue

a second revised proposed rule that also

includes revising the timelines for

Priority Mail Express

with an extra

service.

Currently, DMM Exhibit 604.9.2.1,

Postage and Fees Refunds, provides that

for Priority Mail Express with an extra

service a customer must apply for an

extra service refund no sooner than 10

days, or no later than 30 days, and for

all other classes of mail with an extra

service a customer must apply for an

extra service refund no sooner than 10

days, or no later than 60 days, from the

date the service was purchased.

Certain extra services (e.g., Certified

Mail

) have workflow timelines that

extend beyond the current 10-day limit

to initially file for a refund. As a result,

to meet the required workflow timelines

for these extra services, and for

consistency in application of the refund

processes, the Postal Service is

proposing to extend the current Priority

Mail Express with an extra service

timelines to no sooner than 30 days, or

no later than 60 days. For all other

classes of mail with an extra service, the

10-day time limit will be extended to a

30-day time limit before a customer can

file for a refund.

We believe this proposed revision

will provide customers with a more

efficient process and a more consistent

customer experience.

Although exempt from the notice and

comment requirements of the

Administrative Procedure Act (5 U.S.C.

553(b), (c)) regarding proposed

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

Postal Service invites public comments

on the following proposed revisions to

Mailing Standards of the United States

Postal Service, Domestic Mail Manual

(DMM), incorporated by reference in the

Code of Federal Regulations. See 39 CFR

111.1.

We will publish an appropriate

amendment to 39 CFR part 111 to reflect

these changes.

Accordingly, 39 CFR part 111 is

proposed to be amended as follows:

List of Subjects in 39 CFR Part 111

Administrative practice and

procedure, Postal Service.

PART 111—GENERAL INFORMATION

ON POSTAL SERVICE

■1. The authority citation for 39 CFR

part 111 continues to read as follows:

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

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

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

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

3633, and 5001.

■2. Revise the Mailing Standards of the

United States Postal Service, Domestic

Mail Manual (DMM) as follows:

Mailing Standards of the United States

Postal Service, Domestic Mail Manual

(DMM)

* * * * *

600 Basic Standards for All Mailing

Services

* * * * *

604 Postage Payment Methods and

Refunds

* * * * *

9.0 Exchanges and Refunds

* * * * *

9.2 Postage and Fee Refunds

* * * * *

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