SUBPART
225.74--DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES
(Revised
November 8, 2007)
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 Definitions.
225.7402-3 Government support.
225.7402-4 Contract clauses.
225.7403 Antiterrorism/force protection.
225.7403-1 General.
225.7403-2 Contract clause.
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) (Pop-up Window or PGI Viewer Mode).
(b) For work performed in
(c) For work performed in
225.7402 Contractor personnel authorized to accompany
225.7402-1 Scope.
This section applies to contracts
that involve contractor personnel authorized to accompany U.S. Armed Forces
deployed outside the
(a) Contingency operations;
(b) Humanitarian or peacekeeping operations;
(c) Other military operations; or
(d) Military exercises designated by the
combatant commander.
225.7402-2 Definitions.
“Combatant commander,” “other
military operations,” and “theater of operations,” as used in this section,
have the meaning given in the clause at 252.225-7040, Contractor Personnel
Authorized to Accompany U.S. Armed Forces Deployed Outside the United States.
225.7402-3 Government support.
(a) Government support that may be authorized or
required for contractor personnel performing in a theater of operations may
include, but is not limited to, the types of support listed in PGI
225.7402-3(a) (Pop-up Window or PGI Viewer Mode).
(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) Government provision of such support is
needed to ensure continuation of essential contractor services; and
(2) The contractor cannot obtain adequate support
from other sources.
(c) The contracting officer shall—
(1) Ensure that the contract contains 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 theater of operations
as specified in 225.7402-1;
(2) Specify in the terms of the contract, 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;
(3) 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; and
(4) Specify in the contract any other Government
support to be provided, and whether this support is provided on a reimbursable
basis, citing the authority for the reimbursement.
(d) Contractor personnel must have a letter of
authorization (LOA) issued by a contracting officer in order to process through
a deployment center or to travel to, from, or within the theater of
operations. 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 225.7402-3(d) (Pop-up Window or PGI Viewer Mode).
225.7402-4 Contract clauses.
(a) Use the clause at 252.225-7040, Contractor
Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United
States, in solicitations and contracts when contract performance requires that
contractor personnel accompany U.S. Armed Forces deployed outside the
(1) Contingency operations;
(2) Humanitarian or peacekeeping operations;
(3) Other military operations; or
(4) Military exercises designated by the
combatant commander.
See DoD Class Deviation 2007-O0004,
Synchronized Predeployment and Operational Tracker, issued on March 19,
2007. This deviation is effective until
incorporated into the DFARS or otherwise rescinded.
See DoD Class Deviation 2007-O0010,
Implementation of the Synchronized Predeployment and Operational Tracker (SPOT)
to Account for Contractor Personnel Performing in the United States Central
Command Area of Responsibility, issued on October 17, 2007. This deviation is effective until
incorporated into the DFARS or otherwise rescinded. See PGI 225.7402-4(a) (Pop-up Window or PGI Viewer Mode) for guidance on use of
this deviation.
(b) For additional guidance on clauses to
consider when using the clause at 252.225-7040, see PGI 225.7402-4(b) (Pop-up Window or PGI Viewer Mode).
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
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 that require performance or travel outside the
(a) Foreign governments;
(b) Representatives of foreign governments; or
(c) Foreign corporations wholly owned by foreign
governments.