Attachment_J-7_C3_Clauses_FINAL.docx

TBC REQUIRED PROVISIONS AND CLAUSES 20 Dec 2012

(a) Included are the current mandatory C3 special clauses which are required in solicitations and contracts entering the TBC/CAD process. Clause prescriptions and additional guidance are included; however, only the clauses should be incorporated into the solicitation and/or award.

(b) The following clauses act as battlefield command orders to contractors in the battlespace. As such, contracts with outdated clauses must be modified and new clauses added as soon as is practicable.

DEVIATION 2007-O0010 – CONTRACTOR PERSONNEL IN UNITED STATES CENTRAL COMMAND AREA OF RESPONSIBILITY (OCT 2007)

CONTRACTOR PERSONNEL IN THE UNITED STATES CENTRAL COMMAND AREA OF RESPONSIBILITY (DEVIATION 2007-O0010) (OCT 2007)

1. Definitions. As used in this clause—

“Chief of mission” means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in charge of such a mission or office.

“Combatant commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

1. General.

0. This clause applies when contractor personnel are required to perform in the United States Central Command (USCENTCOM) Area of Responsibility (AOR), and are not covered by the clause at DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States.

0. Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations.

0. Contractor personnel are civilians.

0. Except as provided in paragraph (b)(3)(ii) of this clause, and in accordance with paragraph (i)(3) of this clause, contractor personnel are only authorized to use deadly force in self defense.

0. Contractor personnel performing security functions are also authorized to use deadly force when use of such force reasonably appears necessary to execute their security mission to protect assets/persons, consistent with the terms and conditions contained in the contract or with their job description and terms of employment.

0. Service performed by contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note.

1. Support. Unless specified elsewhere in the contract, the Contractor is responsible for all logistical and security support required for contractor personnel engaged in this contract.

1. Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel in the USCENTCOM AOR are familiar with and comply with, all applicable—

0. United States, host country, and third country national laws;

0. Treaties and international agreements;

0. United States regulations, directives, instructions, policies, and procedures; and

0. Force protection, security, health, or safety orders, directives, and instructions issued by the Combatant Commander; however, only the Contracting Officer is authorized to modify the terms and conditions of the contract.

1. Preliminary personnel requirements.

0. Specific requirements for paragraphs (e)(2)(i) through (e)(2)(vi) of this clause will be set forth in the statement of work, or elsewhere in the contract.

0. Before contractor personnel depart from the United States or a third country, and before contractor personnel residing in the host country begin contract performance in the USCENTCOM AOR, the Contractor shall ensure the following:

0. All required security and background checks are complete and acceptable.

0. All personnel are medically and physically fit and have received all required vaccinations.

0. All personnel have all necessary passports, visas, entry permits, and other documents required for contractor personnel to enter and exit the foreign country, including those required for in-transit countries.

0. All personnel have received theater clearance, if required by the Combatant Commander.

0. All personnel have received personal security training. The training must at a minimum—

0. Cover safety and security issues facing employees overseas;

0. Identify safety and security contingency planning activities; and

0. Identify ways to utilize safety and security personnel and other resources appropriately.

0. All personnel have received isolated personnel training, if specified in the contract. Isolated personnel are military or civilian personnel separated from their unit or organization in an environment requiring them to survive, evade, or escape while awaiting rescue or recovery.

0. All personnel who are U.S. citizens are registered with the U.S. Embassy or Consulate with jurisdiction over the area of operations on-line at http://www.travel.state.gov.

0. The Contractor shall notify all personnel who are not a local national or ordinarily resident in the host country that—

0. 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 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 (see the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3261 et seq.);

0. 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;

0. Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of United States diplomatic, consular, military or other Government missions outside the United States (18 U.S.C. 7(9)).

1. Processing and departure points. The Contractor shall require its personnel who are arriving from outside the area of performance to perform in the USCENTCOM AOR to—

0. Process through the departure center designated in the contract or complete another process as directed by the Contracting Officer;

0. Use a specific point of departure and transportation mode as directed by the Contracting Officer; and

0. Process through a reception center as designated by the Contracting Officer upon arrival at the place of performance.

1. Personnel data.

0. The Contractor shall enter, before deployment, or if already in the USCENTCOM AOR, enter upon becoming an employee under this contract, and maintain current data, including departure date, for all contractor personnel, including U.S. citizens, U.S. legal aliens, third country nationals, and local national contractor personnel, who are performing this contract in the USCENTCOM AOR. This requirement excludes—

1. Personnel hired under contracts for which the period of performance is less than 30 days; and

1. Embarked contractor personnel, while afloat, that are tracked by the Diary Message Reporting System.

0. The automated web-based system to use for this effort is the Synchronized Predeployment and Operational Tracker (SPOT). Follow these steps to register in and use SPOT:

0. SPOT registration can be accomplished by either a Common Access Card or through an Army Knowledge Online (AKO) account.

0. In order to obtain an AKO account, the Contractor shall—

0. Request the Contracting Officer or other Government point of contract to sponsor its AKO guest account;

0. Go to http://www.us.army.mil;

0. Enter the AKO sponsor username; and

0. After AKO registration, contact the sponsor to confirm registration.

0. Registration in SPOT.

0. Register for a SPOT account at https://iel.kc.us.army.mil/spotregistration/

0. The customer support team must validate user need. This process may take 2 business days. Company supervisors will be contacted to determine the appropriate level of user access.

0. Access to SPOT. Upon approval, all users will access SPOT at https://iel.kc.us.army.mil/spotracker

0. SPOT Questions. Refer SPOT application assistance questions to the Customer Support Team at 717-506-1358 or SPOT@technisource.com.

0. The Contractor shall ensure that all employees in the database have a current DD Form 93, Record of Emergency Data Card, on file with both the Contractor and the designated Government official. The Contracting Officer will inform the Contractor of the Government official designated to receive the data card.

1. Contractor personnel. The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any contractor personnel who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government’s discretion without prejudice to its rights under any other provision of this contract, including termination for default or cause.

1. Weapons.

0. If the Contracting Officer, subject to the approval of the Combatant Commander, authorizes the carrying of weapons—

0. The Contracting Officer may authorize an approved Contractor to issue Contractor-owned weapons and ammunition to specified employees; or

0. The ________ [Contracting Officer to specify individual, e.g. Contracting Officer Representative, Regional Security Officer, etc,] may issue Government-furnished weapons and ammunition to the Contractor for issuance to specified contractor employees.

0. The Contractor shall provide to the Contracting Officer a specific list of personnel for whom authorization to carry a weapon is requested.

0. The Contractor shall ensure that its personnel who are authorized to carry weapons—

0. Are adequately trained to carry and use them—

0. Safely;

0. With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and

0. In compliance with applicable Department of Defense and agency policies, agreements, rules, regulations, and other applicable law;

0. Are not barred from possession of a firearm by 18 U.S.C. 922; and

0. Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and accountability of weapons and ammunition.

0. Upon revocation by the Contracting Officer of the Contractor’s authorization to possess weapons, the Contractor shall ensure that all Government-furnished weapons and unexpended ammunition are returned as directed by the Contracting Officer.

0. 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.

1. Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the area of performance.

1. Military clothing and protective equipment.

0. Contractor personnel are prohibited from wearing military clothing unless specifically authorized by the Combatant Commander. If authorized to wear military clothing, contractor personnel must wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures.

0. Contractor personnel may wear specific items required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.

1. Evacuation.

0. If the Chief of Mission or Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide to United States and third country national contractor personnel the level of assistance provided to private United States citizens.

0. In the event of a non-mandatory evacuation order, the Contractor shall maintain personnel on location sufficient to meet contractual obligations unless instructed to evacuate by the Contracting Officer.

1. Personnel recovery. 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.

1. Notification and return of personal effects.

0. The Contractor shall be responsible for notification of the employee-designated next of kin, and notification as soon as possible to the U.S. Consul responsible for the area in which the event occurred, if the employee—

0. Dies;

0. Requires evacuation due to an injury; or

0. Is isolated, missing, detained, captured, or abducted.

0. The Contractor shall also be responsible for the return of all personal effects of deceased or missing contractor personnel, if appropriate, to next of kin.

1. Mortuary affairs. Mortuary affairs for contractor personnel who die in the area of performance will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy.

1. 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 place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph shall be subject to the provisions of the Changes clause of this contract.

1. Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts that require subcontractor personnel to perform in the USCENTCOM AOR.

(End of Clause)

252.225-7997 – ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND AFGHANISTAN (DEVIATION 2010-O0014) (AUG 2010)

ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND AFGHANISTAN (DEVIATION 2010-O0014) (AUG 2010)

1. The Contractor shall report to the appropriate investigative authorities, identified in paragraph (c) below, any alleged offenses under—

0. The Uniform Code of Military Justice (chapter 47 of title 10, United States code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or a contingency operation); or

0. The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).

0. The Contractor shall provide to all contractor personnel who will perform work on a contract in Iraq or Afghanistan, before beginning such work, information on the following:

0. How and where to report an alleged crime described in paragraph (a) of this clause.

0. Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (a) of this clause.

0. The appropriate investigative authorities to which suspected crimes shall be reported include the following officials—

0. US Army Criminal Investigations Division at http://www.cid.army.mil/reportacrime.html;

0. Air Force Office of Special Investigations at http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;

0. Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx; or

0. To the command of any supported military element or the command of any base.

0. Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the DoD Inspector General hotline at (800) 424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office.

(End of clause)