The Department of Defense (DoD) hosted a public meeting to establish an initial dialogue with industry and Government agencies about developing a method by which offerors, if owned or controlled by another business entity, can identify to DoD the Commercial and Government Entity (CAGE) code and legal name of that business entity. A notice of public meeting was published in the Federal Register (76 FR 64902) on October 19, 2011. Included below is an overview briefing and the relevant Federal Register Notice.
The Defense Procurement and Acquisition Policy (DPAP) Contingency Contracting team is committed to combating trafficking in persons (TIP) by increasing awareness of both the issue and the Department’s policy of zero tolerance. In August 2011, DPAP released a brochure on this topic titled “Fair Treatment for All Workers: Supporting U.S. Installations Abroad.” The brochure emphasizes the zero-tolerance policy, identifies prohibited worker abuses, and imparts a worker bill of rights.
Trafficking in persons is defined as the use of force, fraud, or coercion to compel a person to provide labor or services or commercial sex. TIP is a worldwide problem involving violations of basic human rights. Contractors that engage in TIP tarnish America's reputation and disrupt our relationships with foreign governments.
Printed copies of the brochures were shipped this month to the U.S. Central Command (CENTCOM) Contracting Command's Senior Contracting Officials in Iraq and Afghanistan for distribution to companies in theater that employ third-country nationals. An electronic copy is posted on the DPAP Website at http://www.acq.osd.mil/dpap/pacc/cc/docs/Trafficking_trifoldFinal_8-9-11_hi_res.pdf. Some additional hard copies are also available, and a pocked-sized reference card currently is in production.
The Combating Trafficking in Persons (CTIP) website at http://ctip.defense.gov provides links to online training, the national TIP Hotline, and more information about this issue. Under DoD Instruction 2200.1, Combating Trafficking in Persons, TIP awareness training is mandatory for all DoD military members and civilian employees.
For more information, contact email@example.com.
Defense Procurement and Acquisition Policy (DPAP) has made updates to the Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI) to address procurement support for theater security cooperation efforts.
New language in PGI 225.78, Acquisitions in support of geographic combatant command’s theater security cooperation efforts, emphasizes that DoD components are responsible for providing procurement and contracting support of theater security cooperation efforts conducted in support of combatant commander/Chief of Mission, to include military exercises/training, base operations, weapons procurement, aviation fuels and construction, and the President's Emergency Plan for Aids relief.
The Director, DPAP, issued a memorandum on 6 May 2011 regarding the planning and execution of such procurement support that references new DFARS PGI guidance at 207.105(b)(20)(F) and 225.78 and also forwards the recent Joint DoS-DoD Cable on Procurement Roles and Responsibilities – GSO and DoD Personnel. The memo is posted at: http://www.acq.osd.mil/dpap/dars/pgi/docs/policy_docs/
For more information on the updates, contact firstname.lastname@example.org.
Class Deviation 2011-O0004 provides for the use of Clause 252.225-7995, Contractor Personnel Performing in the United States Central Command [CENTCOM] Area of Responsibility [AOR], to account for contractor personnel and certain equipment in the CENTCOM AOR. This clause is required in solicitations and contracts that will require contractor personnel to perform in the CENTCOM AOR unless all such personnel: (a) are authorized to accompany the U.S. Armed Forces; and (b) will be covered by the clause at DFARS 252.225-7040, Contractor Personnel Authorized to Accompany the U.S. Armed Forces Deployed Outside the United States. The clause requires the use of the Synchronized Predeployment and Operational Tracker (SPOT) system for all personnel and equipment used in performing private security functions—and for all other contractor personnel except personnel hired under contracts valued less than $100,000, and personnel in the CENTCOM AOR for less than 30 continuous days.
This class deviation, issued 25 April 2011, replaces and supersedes Class Deviation 2007-O0010. For more information, contact email@example.com.
Defense Procurement and Acquisition Policy (DPAP) has made updates to the Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI) to revise terminology and address internal contract administration requirements associated with the SPOT system.
The generic version of the letter of authorization (LOA) required for contractor personnel to process through a deployment center or travel to, from, or within a designated operational area previously mentioned in PGI 225.7402-3, Government Support—Letter of Authorization has been deleted. Instead, the “Synchronized Predeployment and Operational Tracker (SPOT)-generated LOA provided in the linked SPOT business rules is referenced. The SPOT-generated LOA is now mandatory for worldwide use. This change is also reflected in the clause at DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States.
In addition, the contract administration functions at DFARS 242.302, Contract Administration Functions, have been amended to add a requirement for DoD contract administrators, when the contract incorporates the clause at DFARS 252.225-7040, to ensure the implementation of, and maintain surveillance over, contractor compliance with SPOT business rules.
The changes became effective on 23 June 2011.
Joint Theater Support Contracting Command (JTSCC) has issued interim policy directive (IPD) # 11-09 to implement Contractor Demobilization and Contractor Accountability clauses into all contracts with performance in Iraq. The IPD applies not only to JTSCC offices, but to and all external agencies that hold contracts with performance in Iraq.
JTSCC will soon be issuing an updated Theater Business Clearance (TBC) guide for Iraq. The guide will reflect these changes and include an updated TBC request form. In the meantime, because these policies are critical to a successful drawdown in Iraq and have not yet been reflected in the current JTSCC TBC Guide nor the JTSCC Acquisition Instruction, IPD # 11-09 is posted on this site for reference and compliance by contracting officers with active contracts (and modifications to contracts) in Iraq.
Questions on this issue may be directed to the JTSCC TBC Program Manager, Mr. Harvey Vonhollen, at firstname.lastname@example.org, (210) 221-1190, or DSN 471-1190.
Contractors Must Reimburse the Government for Medical Care Received from Military Medical Treatment Facilities in the USCENTCOM AOR
Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.225-7040(c) requires contractor companies to reimburse the government for any inpatient and outpatient medical care their employees receive from Military MTFs in theater. The Defense Finance and Accounting Service (DFAS) recently enabled an accounts receivable mechanism for such reimbursements and has begun billing contractors for the cost of such care provided to their employees or subcontractor employees.
DPAP has posted an info paper, “Medical Billing of Contractors for Their Employee Use of Military Medical Treatment Facilities in the USCENTCOM AOR,” under “Hot Topics” on its Contingency Contracting webpage (http://www.acq.osd.mil/dpap/pacc/cc/index.html). The purpose of this paper is to provide some basic information and to let Contracting Officers and contractors know how the Department plans to implement this change into its way of doing business. Updated status will be posted as we make progress on planned actions.
For more information on this update, contact email@example.com.
New DFARS PGI Language on Contingency Contract Administration Services
Defense Procurement and Acquisition Policy (DPAP) has made updates to the Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) to address planning for and executing contract administration in contingency environments.
PGI 207.105, Contents of written acquisition plans: Subparagraphs (b) (20) (C) (7) & (8) address and reference unique planning requirements associated with contract administration in support of contingency operations.
PGI 225.7404, Contract administration in support of contingency operations: This language denotes that the geographic combatant commander or subordinate joint force commander has inherent authority to control the assignment of contract administration during contingency operations and may promulgate theater or joint operations area guidance for contracting. It requires a combat support agency to enter into a memorandum of agreement with the combatant commander regarding the provision of contingency contract administration services over a long duration. It also requires that disputes regarding the requested support be resolved at the lowest management level possible.
For more information on these updates, please contact firstname.lastname@example.org.
Washington Headquarters Services, Office of General Counsel, recently hosted a training session on "Contact with Industry."
The attached slides were used in the presentation. Please note: FAR Case 2011-001, currently a proposed rule, (Published April 26, 2011) will have impact on what is considered OCI information.
DoD/OGC Issues Fact Sheet Guidance on Tax Exemptions for U.S Contractors and U.S. Contractor Personnel in Iraq and Afghanistan
The United States is bound by two distinct international agreements which contain specific provisions regarding the tax exemptions afforded to United States contractors and United States contractor employees in both Iraq and Afghanistan. In Afghanistan, the Status of Forces Agreement (SOFA) was entered into force on May 28, 2003. In Iraq, the U.S.-Iraq Security Agreement was entered into force on January 1, 2009. Both governing agreements provide broad tax exemptions for United States government personnel, including contractors and contractor employees doing business on behalf of United States government. The terms of the agreements generally do not provide tax exemptions for persons or legal entities normally resident in Iraq or Afghanistan.
On March 28, 2011, DoD/OGC issued two fact sheets—one for Iraq and one for Afghanistan—addressing the tax exemptions for U.S. federal government contractors and contractor employees conducting business in these countries:
AbilityOne Commitment-in-Action Certificate of Appreciation
The Defense Procurement and Acquisition Policy Office and the Committee for Purchase From People Who Are Blind or Severely Disabled, the Federal agency which administers the AbilityOne Program, have an established recognition program for individuals in the contracting workforce who demonstrate commitment in action to increasing business with AbilityOne.
This memorandum announces a call for nominations to recognize such individuals at the DoD Procurement Conference and Training Symposium to be held in Orlando, Florida, May 9-12, 2011. Attached are the criteria and instructions for the nomination submissions. The memo is posted at DoD AbilityOne Commitment-in-Action Certificate of Appreciation - Call for Nominations.pdf
Sharon R. Parish "People Always" Leadership Award
The Director of Defense Procurement and Acquisition Policy issued a memo calling for nominations for the "Sharon R. Parish 'People Always' Leadership Award" to honor the memory of Sharon R. Parish and to encourage and promote the leadership qualities she exemplified. The award will recognize leaders at all levels within the DoD acquisition and contracting community who have developed, motivated and inspired others through formal and informal initiatives. Further details on the criteria for award nominations are provided within the memorandum. The memo is posted at Sharon R Parish People Always Leadership Award.pdf
Public Meeting on Secure Hash Algorithm (SHA) – 256
The Department of Defense (DoD), the General Services Administration, and the National Aeronautics and Space Administration hosted the first of at least two public meetings to start a dialogue with industry, and Government agencies about ways for the acquisition community to transition to SHA-256. SHA is a cryptographic hash function that is used in digital signatures, and authentication protocols. A notice of public meeting was published in the Federal Register (76 FR 11433) on March 2, 2011. Included below is an agenda for the meeting, the relevant Federal Register Notice, briefings on Federal and agency perspectives, and the attendee list.
Director, DPAP, Issues Call for Contingency Contracting Officers
The Director of Defense Procurement and Acquisition Policy (DPAP) issued a memorandum on 2 February 2011, calling for volunteers to serve as Contingency Contracting Officers (CCOs) with the DoD Civilian Expeditionary Workforce (CEW). In his memo, Mr. Shay Assad wrote, “Our experiences in Iraq and Afghanistan continue to reinforce the value of civilian employee volunteers in contingency operations.”
Offering post differential, danger pay, and overtime in addition to salary, the memo also emphasizes that volunteers are guaranteed the right to return to their permanent positions after deployment. It directs interested personnel to learn more about the CEW and apply for positions at www.cpms.osd.mil/expeditionary/.
This memo was issued in follow-up to the 28 December 2010 call by the Acting Under Secretary of Defense (Acquisition, Technology, and Logistics) for civilian volunteers from the acquisition workforce. The memos are posted at http://www.acq.osd.mil/dpap/pacc/cc/docs/USA000067-11_Signed_Memo.pdf
OSD(AT&L)/DPAP, NASA, OMB and GSA are organizing an outreach session to share information and best practices in the area of anti-counterfeiting on January 19, 2011, in Rosslyn, VA. This workshop will support ongoing efforts to implement the 2010 Joint Strategic Plan on Intellectual Property Enforcement (June 2010), which recognizes that "Intellectual property infringement can undermine our national and economic security. This includes counterfeit products entering the supply chain of the U.S. military and economic espionage and theft of trade secrets by foreign citizens and companies. It is of vital importance that we ensure our supply chains are not polluted with counterfeit goods." The purpose of this session is to gather information on key topics related to anti-counterfeiting so that we can continue to build our understanding and appreciation of best market practices and concerns. The outreach session will be facilitated in 3 specific focus areas: Traceability and Reporting; Standards; and Procurement.