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SUBPART 225.74--DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

(Revised December 6, 2013)

 

 



 225.7401    Contracts requiring performance or delivery in a foreign country.
 225.7402    Contractor personnel authorized to accompany U.S. Armed Forces deployed outside
                   the United States.

 225.7402-1 Scope.
 225.7402-2 Definition.
 225.7402-3 Government support.
 225.7402-4 Law of war training.
 225.7402-5 Contract clauses.
 225.7403    Antiterrorism/force protection.
 225.7403-1 General.
 225.7403-2 Contract clause.
 225.7404    Contract administration in support of contingency operations.


225.7401  Contracts requiring performance or delivery in a foreign country.

 

      (a)  If an acquisition requires performance of work in a foreign country by contractor personnel other than host country personnel, or delivery of items to a Unified Combatant Command designated operational area, follow the procedures at PGI 225.7401(a) (DFARS/PGI view).

 

      (b)  For work performed in Germany, eligibility for logistics support or base privileges of contractor employees is governed by U.S.-German bilateral agreements. Follow the procedures in Army in Europe Regulation 715-9, available at http://www.eur.army.mil/g1/content/CPD/docper.html.

 

      (c)  For work performed in Japan or Korea , see PGI 225.7401(c) (DFARS/PGI view) for information on bilateral agreements and policy relating to contractor employees in Japan or Korea.

 

225.7402  Contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States.

For additional information on contractor personnel authorized to accompany the U.S. Armed Forces, see PGI 225.7402 (DFARS/PGI view). 

 

225.7402-1  Scope.

 

      (a)  This section applies to contracts that involve contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States in—

 

              (1)  Contingency operations;

 

              (2)  Humanitarian or peacekeeping operations; or

 

              (3)  Other military operations or military exercises, when designated by the combatant commander.

 

      (b)  Any of the types of operations listed in paragraph (a) of this subsection may include stability operations such as—

 

              (1)  Establishment or maintenance of a safe and secure environment; or

 

              (2)  Provision of emergency infrastructure reconstruction, humanitarian relief, or essential governmental services (until feasible to transition to local government). 

 

225.7402-2  Definition.

See PGI 225.7402-2 (DFARS/PGI view) for additional information on designated operational areas.

 

225.7402-3  Government support.

 

      (a)  Government support that may be authorized or required for contractor personnel performing in a designated operational area may include, but is not limited to, the types of support listed in PGI 225.7402-3(a) (DFARS/PGI view).

 

      (b)  The agency shall provide logistical or security support only when the appropriate agency official, in accordance with agency guidance, determines in coordination with the combatant commander that—

 

              (1)  Such Government support is available and is needed to ensure continuation of essential contractor services; and

 

              (2)  The contractor cannot obtain adequate support from other sources at a reasonable cost.

 

      (c)  The contracting officer shall specify in the solicitation and contract—

 

              (1)  Valid terms, approved by the combatant commander, that specify the responsible party, if a party other than the combatant commander is responsible for providing protection to the contractor personnel performing in the designated operational area as specified in 225.7402-1;

 

              (2)  If medical or dental care is authorized beyond the standard specified in paragraph (c)(2)(i) of the clause at 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States; and

 

              (3)  Any other Government support to be provided, and whether this support will be provided on a reimbursable basis, citing the authority for the reimbursement. 

 

      (d)  The contracting officer shall provide direction to the contractor, if the contractor is required to reimburse the Government for medical treatment or transportation of contractor personnel to a selected civilian facility in accordance with paragraph (c)(2)(ii) of the clause at 252.225-7040.

 

      (e)  Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)–generated letter of authorization (LOA) signed by the contracting officer in order to process through a deployment center or to travel to, from, or within the designated operational area. The LOA also will identify any additional authorizations, privileges, or Government support that the contractor personnel are entitled to under the contract. For a sample LOA, see PGI 225.7402-5(a)(iv) (DFARS/PGI view).

 

225.7402-4  Law of war training.

 

      (a)  Basic training.  Basic law of war training is required for all contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States.  The basic training normally will be provided through a military-run training center.  The contracting officer may authorize the use of an alternate basic training source, provided the servicing DoD legal advisor concurs with the course content.  An example of an alternate source of basic training is the web-based training provided by the Defense Acquisition University at https://acc.dau.mil/CommunityBrowser.aspx?id=18014&lang=en-US. 

 

      (b)  Advanced law of war training. 

              (1)  The types of personnel that must obtain advanced law of war training include the following:

 

                    (i)  Private security contractors.

 

                    (ii)  Security guards in or near areas of military operations.

 

                    (iii)  Interrogators, linguists, interpreters, guards, report writers, information technology technicians, or others who will come into contact with enemy prisoners of war, civilian internees, retained persons, other detainees, terrorists, or criminals who are captured, transferred, confined, or detained during or in the aftermath of hostilities.

 

                    (iv)  Other personnel when deemed necessary by the contracting officer.

              (2)  If contractor personnel will be required to obtain advanced law of war training, the solicitation and contract shall specify—

                    (i)  The types of personnel subject to advanced law of war training requirements;

                    (ii)  Whether the training will be provided by the Government or the contractor;

                    (iii)  If the training will be provided by the Government, the source of the training; and

                    (iv)  If the training will be provided by the contractor, a requirement for coordination of the content with the servicing DoD legal advisor to ensure that training content is commensurate with the duties and responsibilities of the personnel to be trained.

 

225.7402-5 Contract clauses.

 

Use the clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States (DEVIATION 2013-O0015)(JUN 2013) for contracts that require performance in the United States Central Command area of responsibility in lieu of DFARS clause 252.225-7040 (FEB 2013). This class deviation remains in effect until rescinded or otherwise incorporated in the DFARS.

 

      (a)  Use the clause at 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, instead of the clause at FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that authorize contractor personnel to accompany U.S. Armed Forces deployed outside the United States in—

 

              (1)  Contingency operations;

 

              (2)  Humanitarian or peacekeeping operations; or

 

              (3)  Other military operations or military exercises, when designated by the combatant commander.

 

      (b)  For additional guidance on clauses to consider when using the clause at 252.225-7040, see PGI 225.7402-5(b) (DFARS/PGI view).

 

225.7403  Antiterrorism/force protection. 

 

225.7403-1  General.

Information and guidance pertaining to DoD antiterrorism/force protection policy for contracts that require performance or travel outside the United States can be obtained from the offices listed in PGI 225.7403-1 (DFARS/PGI view).

 

225.7403-2  Contract clause.

Use the clause at 252.225-7043,Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States, in solicitations and contracts, and contracts using FAR part 12 procedures for the acquisition of commercial items, that require performance or travel outside the United States, except for contracts with

 

      (a)  Foreign governments;

 

      (b)  Representatives of foreign governments; or

 

      (c)  Foreign corporations wholly owned by foreign governments.

 

225.7404  Contract administration in support of contingency operations.

For additional guidance on contract administration considerations when supporting contingency operations, see PGI 225.7404 (DFARS/PGI view).

 

 

 


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