16 June 2006
-----------------------------------------------------------------------
[Federal Register: June 16, 2006 (Volume 71, Number 116)]
[Rules and Regulations]
[Page 34826-34831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn06-16]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 225, and 252
RIN 0750-AF25
Defense Federal Acquisition Regulation Supplement; Contractor
Personnel Authorized to Accompany U.S. Armed Forces (DFARS Case 2005-
D013)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement DoD policy
regarding contractor personnel authorized to accompany U.S. Armed
Forces deployed outside the United States. The rule addresses the
status of contractor personnel as civilians accompanying the U.S. Armed
Forces and the responsibilities of the combatant commander regarding
the protection of contractor personnel.
DATES: Effective date: June 16, 2006.
Comment date: Comments on the interim rule should be submitted to
the address shown below on or before August 15, 2006, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2005-D013,
using any of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: dfars@osd.mil. Include DFARS Case 2005-D013 in the
subject line of the message.
[cir] Fax: (703) 602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy
Williams, OUSD(AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
[cir] Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http://www.regulations.gov
, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule revises DFARS Subpart 225.74 and the clause at
DFARS 252.225-7040 to implement the policy in DoD Instruction 3020.41,
Contractor Personnel Authorized to Accompany the U.S. Armed Forces,
dated October 3, 2005. DoD Instruction 3020.41 is available via the
Internet at http://www.dtic.mil/whs/directives/corres/html/302041.htm.
The DFARS changes address the following areas:
1. Contractor participation in hostilities
Prior to this interim rule, paragraph (b) of the clause at DFARS
252.225-7040 prohibited contractor personnel from using force or
otherwise directly participating in acts likely to cause actual harm to
enemy armed forces. The interim rule revises the clause to provide for
contractor personnel other than private security contractor personnel
to use deadly force against enemy armed forces only in self-defense.
Private security contractor personnel are also authorized to use deadly
force when necessary to execute their security mission to protect
assets/persons, consistent with the mission statement contained in
their contract. It is the responsibility of the combatant commander to
ensure that private security contract mission statements do not
authorize the performance of any inherently Governmental military
functions, such as preemptive attacks,
[[Page 34827]]
or any other types of attacks. Otherwise, civilians who accompany the
U.S. Armed Forces lose their law of war protection from direct attack
if and for such time as they take a direct part in hostilities.
2. Government support
Prior to this interim rule, paragraph (c) of the clause at 252.225-
7040 required the combatant commander to develop a security plan for
protection of contractor personnel through military means unless the
terms of the contract placed the responsibility with another party. In
accordance with DoD Instruction 3020.41, paragraph 6.3.4., this interim
rule revises the clause to limit the requirement for the combatant
commander to develop such a security plan to those locations where
there is not sufficient or legitimate civil authority and the combatant
commander decides that it is in the interests of the Government to
provide security.
Paragraph (c)(3) of the clause at 252.225-7040 requires the
contractor to provide support for its personnel, except as otherwise
specified in the contract. This interim rule adds text at 225.7402-3(b)
to state that the Government will provide logistical or security
support only when the appropriate agency official, in accordance with
agency guidance, determines that Government provision of such support
is needed to ensure continuation of essential contractor services and
that the contractor cannot obtain adequate support from other sources.
This interim rule also adds text at 225.7402-3(c)(4) to require that
the contract specify whether the support is to be provided on a
reimbursable basis, citing the authority for the reimbursement.
3. Authorized to accompany the U.S. Armed Forces
The phrase ``supporting a force'' is replaced with ``authorized to
accompany U.S. Armed Forces'' throughout the rule.
4. Other military operations
The scope of the DFARS policy is changed, from ``other military
operations or exercises designated by the combatant commander,'' to
``other military operations'' and ``military exercises designated by
the combatant commander.'' A definition of ``other military
operations'' is added to paragraph (a) of the clause at 252.225-7040.
5. Not active duty
Paragraph (b)(4) is added to the clause at 252.225-7040 to clarify
that service performed by contractor personnel subject to the clause is
not active duty or service under 38 U.S.C. 106.
6. Letter of Authorization and Common Access Card
Paragraph (c)(4) is added to the clause at 252.225-7040 to address
requirements for contractor personnel to have a letter of
authorization, for consistency with the policy at 225.7402-3(d). Also,
text has been added to paragraph (e)(1)(iii) of the clause to address
requirements for Common Access Cards issued to deploying personnel to
contain the access permissions allowed by the letter of authorization.
7. Training
Paragraphs (e)(1)(v) and (vi) are added to the clause at 252.225-
7040 to address additional pre-deployment training requirements
relating to personal security and isolated personnel.
8. Military Extraterritorial Jurisdiction Act and other applicable
statutes
Paragraph (e)(2) is added to the clause at 252.225-7040 to address
the requirement for the contractor to notify its personnel that--
[cir] The Military Extraterritorial Jurisdiction Act (18 U.S.C.
3621, et seq.) and some other statutes may apply to contractor
personnel who commit offenses outside the United States; and
[cir] When there is a formal declaration of war by Congress,
contractor personnel authorized to accompany U.S. Armed Forces may be
subject to prosecution under the Uniform Code of Military Justice.
9. Deployment centers
Paragraph (f)(1) of the clause at 252.225-7040 is amended to
clarify that the deployment center must ensure that all deployment
requirements are met.
10. Personnel data list
Paragraph (g)(1) of the clause at 252.225-7040 is revised to
clarify requirements for the contractor to establish and maintain a
personnel data list.
11. Military clothing and protective equipment
Paragraph (i) of the clause at 252.225-7040 is amended to clarify
requirements relating to military clothing and protective equipment.
12. Weapons
Paragraph (j) of the clause at 252.225-7040 is revised to clarify
requirements relating to situations where contractor personnel are
authorized to carry weapons. A statement has also been added to clarify
that the liability for use of any weapon by contractor personnel rests
solely with the contractor and the contractor employee using such
weapon.
13. Personnel recovery
Paragraph (n) of the clause at 252.225-7040 is amended to include
additional terms (``isolated'' and ``detained'') to cover all
situations in which an employee might need to be recovered.
14. Changes
Paragraph (p) of the clause at 252.225-7040 is amended to include
``place of performance'' as a condition that is subject to change, in
addition to those authorized by the Changes clause. Although paragraph
(c) of the clause already addresses site changes, the term ``place of
performance'' has a broader applicability, since the term ``site'' is
normally associated with construction contracts.
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This rule is not expected to have a significant economic impact on
a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because application
of the rule is limited to those contracts that involve contractor
personnel authorized to accompany U.S. Armed Forces deployed outside
the United States. Therefore, DoD has not performed an initial
regulatory flexibility analysis. DoD invites comments from small
businesses and other interested parties. DoD also will consider
comments from small entities concerning the affected DFARS subparts in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 2005-D013.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq. Although the contract clause requires contractors to maintain
certain information regarding their personnel, DoD believes
[[Page 34828]]
that this requirement is usual and customary and does not exceed what a
contractor would maintain in the normal course of business.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule implements DoD Instruction 3020.41, Contractor
Personnel Authorized to Accompany the U.S. Armed Forces, dated October
3, 2005. Existing DFARS requirements prohibit contractor personnel from
using force or otherwise directly participating in acts likely to cause
actual harm to enemy armed forces. In accordance with DoD Instruction
3020.41, this interim rule revises the DFARS to provide for contractor
personnel to use deadly force against enemy armed forces in self-
defense or in the performance of a contract for private security
services. Comments received in response to this interim rule will be
considered in the formation of the final rule.
List of Subjects in 48 CFR Parts 212, 225, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Parts 212, 225, and 252 are amended as follows:
0
1. The authority citation for 48 CFR Parts 212, 225, and 252 continues
to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
2. Section 212.301 is amended by revising paragraph (f)(vii) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(vii) Use the clause at 252.225-7040, Contractor Personnel
Authorized to Accompany U.S. Armed Forces Deployed Outside the United
States, as prescribed in 225.7402-4.
* * * * *
PART 225--FOREIGN ACQUISITION
0
3. Sections 225.7402 through 225.7402-4 are revised to read as follows:
225.7402 Contractor personnel authorized to accompany U.S. Armed
Forces deployed outside the United States.
225.7402-1 Scope.
This section applies to contracts that involve contractor personnel
authorized to accompany U.S. Armed Forces deployed outside the United
States in--
(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).
(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).
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
United States in--
(1) Contingency operations;
(2) Humanitarian or peacekeeping operations;
(3) Other military operations; or
(4) Military exercises designated by the combatant commander.
(b) For additional guidance on clauses to consider when using the
clause at 252.225-7040, see PGI 225.7402-4(b).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Section 252.225-7040 is revised to read as follows:
252.225-7040 Contractor Personnel Authorized to Accompany U.S. Armed
Forces Deployed Outside the United States.
As prescribed in 225.7402-4(a), use the following clause:
Contractor Personnel Authorized To Accompany U.S. Armed Forces Deployed
Outside The United States (JUN 2006)
(a) Definitions. As used in this clause--
Combatant Commander means the commander of a unified or specified
combatant command established in accordance with 10 U.S.C. 161.
Other military operations means a range of military force responses
that can be projected to accomplish assigned tasks. Such operations may
include one or a combination of the following: Civic action,
humanitarian assistance, civil affairs, and other military activities
to develop positive relationships with other countries; confidence
building and other measures to reduce military tensions; military
presence; activities to convey messages to adversaries; military
[[Page 34829]]
deceptions and psychological operations; quarantines, blockades, and
harassment operations; raids; intervention operations; armed conflict
involving air, land, maritime, and strategic warfare operations;
support for law enforcement authorities to counter international
criminal activities (terrorism, narcotics trafficking, slavery, and
piracy); support for law enforcement authorities to suppress domestic
rebellion; and support for insurgency, counterinsurgency, and civil war
in foreign countries.
Theater of operations means an area defined by the combatant
commander for the conduct or support of specified operations.
(b) General.
(1) This clause applies when Contractor personnel are authorized to
accompany U.S. Armed Forces deployed outside the United States in--
(i) Contingency operations;
(ii) Humanitarian or peacekeeping operations;
(iii) Other military operations; or
(iv) Military exercises designated by the Combatant Commander.
(2) Contract performance in support of U.S. Armed Forces deployed
outside the United States may require work in dangerous or austere
conditions. The Contractor accepts the risks associated with required
contract performance in such operations.
(3) Contractor personnel are civilians accompanying the U.S. Armed
Forces.
(i) Except as provided in paragraph (b)(3)(ii) of this clause,
Contractor personnel are not authorized to use deadly force against
enemy armed forces other than in self-defense.
(ii) Private security Contractor personnel are authorized to use
deadly force only when necessary to execute their security mission to
protect assets/persons, consistent with the mission statement contained
in their contract.
(iii) Civilians who accompany the U.S. Armed Forces lose their law
of war protection from direct attack if and for such time as they take
a direct part in hostilities.
(4) Service performed by Contractor personnel subject to this
clause is not active duty or service under 38 U.S.C. 106 note.
(c) Support. (1)(i) The Combatant Commander will develop a security
plan for protection of Contractor personnel in locations where there is
not sufficient or legitimate civil authority, when the Combatant
Commander decides it is in the interests of the Government to provide
security because--
(A) The Contractor cannot obtain effective security services;
(B) Effective security services are unavailable at a reasonable
cost; or
(C) Threat conditions necessitate security through military means.
(ii) The Contracting Officer shall include in the contract the
level of protection to be provided to Contractor personnel.
(iii) In appropriate cases, the Combatant Commander may provide
security through military means, commensurate with the level of
security provided DoD civilians.
(2)(i) Generally, all Contractor personnel authorized to accompany
the U.S. Armed Forces in the theater of operations may be provided
resuscitative care, stabilization, hospitalization at level III
military treatment facilities, and assistance with patient movement in
emergencies where loss of life, limb, or eyesight could occur.
Hospitalization will be limited to stabilization and short-term medical
treatment with an emphasis on return to duty or placement in the
patient movement system.
(ii) When the Government provides medical treatment or
transportation of Contractor personnel to a selected civilian facility,
the Contractor shall ensure that the Government is reimbursed for any
costs associated with such treatment or transportation.
(iii) Medical or dental care beyond this standard is not authorized
unless specified elsewhere in this contract.
(3) Unless specified elsewhere in this contract, the Contractor is
responsible for all other support required for its personnel engaged in
the theater of operations under this contract.
(4) Contractor personnel must have a letter of authorization issued
by the Contracting Officer in order to process through a deployment
center or to travel to, from, or within the theater of operations. The
letter of authorization also will identify any additional
authorizations, privileges, or Government support that Contractor
personnel are entitled to under this contract.
(d) Compliance with laws and regulations. The Contractor shall
comply with, and shall ensure that its personnel authorized to
accompany U.S. Armed Forces deployed outside the United States as
specified in paragraph (b)(1) of this clause are familiar with and
comply with, all applicable--
(1) United States, host country, and third country national laws;
(2) Treaties and international agreements;
(3) United States regulations, directives, instructions, policies,
and procedures; and
(4) Orders, directives, and instructions issued by the Combatant
Commander, including those relating to force protection, security,
health, safety, or relations and interaction with local nationals.
(e) Pre-deployment requirements. (1) The Contractor shall ensure
that the following requirements are met prior to deploying personnel in
support of U.S. Armed Forces. Specific requirements for each category
may be specified in the statement of work or elsewhere in the contract.
(i) All required security and background checks are complete and
acceptable.
(ii) All deploying personnel meet the minimum medical screening
requirements and have received all required immunizations as specified
in the contract. The Government will provide, at no cost to the
Contractor, any theater-specific immunizations and/or medications not
available to the general public.
(iii) Deploying personnel have all necessary passports, visas, and
other documents required to enter and exit a theater of operations and
have a Geneva Conventions identification card, or other appropriate DoD
identity credential, from the deployment center. Any Common Access Card
issued to deploying personnel shall contain the access permissions
allowed by the letter of authorization issued in accordance with
paragraph (c)(4) of this clause.
(iv) Special area, country, and theater clearance is obtained for
personnel. Clearance requirements are in DoD Directive 4500.54,
Official Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign
Clearance Guide. Contractor personnel are considered non-DoD personnel
traveling under DoD sponsorship.
(v) All personnel have received personal security training. At a
minimum, the training shall--
(A) Cover safety and security issues facing employees overseas;
(B) Identify safety and security contingency planning activities;
and
(C) Identify ways to utilize safety and security personnel and
other resources appropriately.
(vi) All personnel have received isolated personnel training, if
specified in the contract.
(2) The Contractor shall notify all personnel who are not a host
country national, or who are not ordinarily resident in the host
country, that--
(i) Such employees, and dependents residing with such employees,
who engage in conduct outside the United States that would constitute
an offense punishable by imprisonment for more
[[Page 34830]]
than one year if the conduct had been engaged in within the special
maritime and territorial jurisdiction of the United States, may
potentially be subject to the criminal jurisdiction of the United
States in accordance with the Military Extraterritorial Jurisdiction
Act of 2000 (18 U.S.C. 3621, et seq.);
(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal
criminal jurisdiction also extends to conduct that is determined to
constitute a violation of the law of war when committed by a civilian
national of the United States;
(iii) Other laws may provide for prosecution of U.S. nationals who
commit offenses on the premises of U.S. diplomatic, consular, military
or other U.S. Government missions outside the United States (18 U.S.C.
7(9)); and
(iv) When there is a formal declaration of war by Congress,
Contractor personnel authorized to accompany U.S. Armed Forces may be
subject to prosecution under the Uniform Code of Military Justice.
(f) Processing and departure points. Deployed Contractor personnel
shall--
(1) Process through the deployment center designated in the
contract, or as otherwise directed by the Contracting Officer, prior to
deploying. The deployment center will conduct deployment processing to
ensure visibility and accountability of Contractor personnel and to
ensure that all deployment requirements are met, including the
requirements specified in paragraph (e)(1) of this clause;
(2) Use the point of departure and transportation mode directed by
the Contracting Officer; and
(3) Process through a Joint Reception Center (JRC) upon arrival at
the deployed location. The JRC will validate personnel accountability,
ensure that specific theater of operations entrance requirements are
met, and brief Contractor personnel on theater-specific policies and
procedures.
(g) Personnel data list.
(1) In accordance with DoD Instruction 3020.41, Contractor
Personnel Authorized to Accompany the U.S. Armed Forces, the Contractor
shall establish and maintain with the designated Government official a
current list of all Contractor personnel that deploy with or otherwise
provide support in the theater of operations to U.S. Armed Forces as
specified in paragraph (b)(1) of this clause. The list shall include
each individual's general location in the theater of operations. The
Contracting Officer will inform the Contractor of the Government
official designated to receive this data and the appropriate automated
system(s) to use for this effort.
(2) The Contractor shall ensure that all employees on the list have
a current DD Form 93, Record of Emergency Data Card, on file with both
the Contractor and the designated Government official.
(h) Contractor personnel. (1) 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 or who fail to comply with or violate applicable
requirements of this clause. Such action may be taken at the
Government's discretion without prejudice to its rights under any other
provision of this contract, including the Termination for Default
clause.
(2) The Contractor shall have a plan on file showing how the
Contractor would replace employees who are unavailable for deployment
or who need to be replaced during deployment. The Contractor shall keep
this plan current and shall provide a copy to the Contracting Officer
upon request. The plan shall--
(i) Identify all personnel who are subject to military
mobilization;
(ii) Detail how the position would be filled if the individual were
mobilized; and
(iii) Identify all personnel who occupy a position that the
Contracting Officer has designated as mission essential.
(i) Military clothing and protective equipment.
(1) Contractor personnel are prohibited from wearing military
clothing unless specifically authorized in writing by the Combatant
Commander. If authorized to wear military clothing, Contractor
personnel must--
(i) Wear distinctive patches, arm bands, nametags, or headgear, in
order to be distinguishable from military personnel, consistent with
force protection measures; and
(ii) Carry the written authorization with them at all times.
(2) Contractor personnel may wear military-unique organizational
clothing and individual equipment (OCIE) required for safety and
security, such as ballistic, nuclear, biological, or chemical
protective equipment.
(3) The deployment center, or the Combatant Commander, shall issue
OCIE and shall provide training, if necessary, to ensure the safety and
security of Contractor personnel.
(4) The Contractor shall ensure that all issued OCIE is returned to
the point of issue, unless otherwise directed by the Contracting
Officer.
(j) Weapons. (1) If the Contractor requests that its personnel
performing in the theater of operations be authorized to carry weapons,
the request shall be made through the Contracting Officer to the
Combatant Commander, in accordance with DoD Instruction 3020.41,
paragraph 6.3.4.1 or, if the contract is for security services,
paragraph 6.3.5.3. The Combatant Commander will determine whether to
authorize in-theater Contractor personnel to carry weapons and what
weapons and ammunition will be allowed.
(2) If the Contracting Officer, subject to the approval of the
Combatant Commander, authorizes the carrying of weapons--
(i) The Contracting Officer may authorize the Contractor to issue
Contractor-owned weapons and ammunition to specified employees; or
(ii) The [Contracting Officer to specify the appropriate
individual, e.g., Contracting Officer's Representative, Regional
Security Officer] may issue Government-furnished weapons and ammunition
to the Contractor for issuance to specified Contractor employees.
(3) The Contractor shall ensure that its personnel who are
authorized to carry weapons--
(i) Are adequately trained to carry and use them--
(A) Safely;
(B) With full understanding of, and adherence to, the rules of the
use of force issued by the Combatant Commander; and
(C) In compliance with applicable agency policies, agreements,
rules, regulations, and other applicable law;
(ii) Are not barred from possession of a firearm by 18 U.S.C. 922;
and
(iii) Adhere to all guidance and orders issued by the Combatant
Commander regarding possession, use, safety, and accountability of
weapons and ammunition.
(4) Whether or not weapons are Government-furnished, all liability
for the use of any weapon by Contractor personnel rests solely with the
Contractor and the Contractor employee using such weapon.
(5) Upon redeployment or revocation by the Combatant Commander of
the Contractor's authorization to issue firearms, the Contractor shall
ensure that all Government-issued weapons and unexpended ammunition are
returned as directed by the Contracting Officer.
(k) Vehicle or equipment licenses. Contractor personnel shall
possess the required licenses to operate all vehicles or equipment
necessary to perform the contract in the theater of operations.
[[Page 34831]]
(l) Purchase of scarce goods and services. If the Combatant
Commander has established an organization for the theater of operations
whose function is to determine that certain items are scarce goods or
services, the Contractor shall coordinate with that organization local
purchases of goods and services designated as scarce, in accordance
with instructions provided by the Contracting Officer.
(m) Evacuation. (1) If the Combatant Commander orders a mandatory
evacuation of some or all personnel, the Government will provide
assistance, to the extent available, to United States and third country
national Contractor personnel.
(2) In the event of a non-mandatory evacuation order, unless
authorized in writing by the Contracting Officer, the Contractor shall
maintain personnel on location sufficient to meet obligations under
this contract.
(n) Next of kin notification and personnel recovery. (1) The
Contractor shall be responsible for notification of the employee-
designated next of kin in the event an employee dies, requires
evacuation due to an injury, or is isolated, missing, detained,
captured, or abducted.
(2) In the case of isolated, missing, detained, captured, or
abducted Contractor personnel, the Government will assist in personnel
recovery actions in accordance with DoD Directive 2310.2, Personnel
Recovery.
(o) Mortuary affairs. Mortuary affairs for Contractor personnel who
die while accompanying the U.S. Armed Forces will be handled in
accordance with DoD Directive 1300.22, Mortuary Affairs Policy.
(p) Changes. In addition to the changes otherwise authorized by the
Changes clause of this contract, the Contracting Officer may, at any
time, by written order identified as a change order, make changes in
the place of performance or Government-furnished facilities, equipment,
material, services, or site. Any change order issued in accordance with
this paragraph (p) shall be subject to the provisions of the Changes
clause of this contract.
(q) Subcontracts. The Contractor shall incorporate the substance of
this clause, including this paragraph (q), in all subcontracts when
subcontractor personnel are authorized to accompany U.S. Armed Forces
deployed outside the United States in--
(1) Contingency operations;
(2) Humanitarian or peacekeeping operations;
(3) Other military operations; or
(4) Military exercises designated by the Combatant Commander.
(End of clause)
[FR Doc. E6-9499 Filed 6-15-06; 8:45 am]
BILLING CODE 5001-08-P