AD0001_USFOR-A_FRAGO_16-143_MOD_1_Arming_Procedures_for_DoD_Contractors.pdf

Unclassified//FOUO//

USFOR-A 16-143 MOD 1 ARMING PROCEDURES FOR DOD CONTRACTORS

Originator: USFOR-A//MC//

DTG: 060847Z JAN 17

SUBJ/USFOR-A 16-143 MOD 1 ARMING PROCEDURES FOR DOD CONTRACTORS

Unclassified//FOUO Oper/Freedom’s Sentinel// MsgID/Order/USFOR-A//

Ref/A/Msg/USCENTCOM/232002Z DEC 14// AMPN/(U) CENTCOM OPORD 25, Operation Freedom’s Sentinel, directs execution of USCENTCOM OPLAN 1710-14, supersedes OPORD 07, and supersedes all previous orders regarding U.S. C2 relationships in Afghanistan. Directs USFOR-A to serve as the USNSE and support the NATO Resolute Support Mission (S//REL USA, FVEY)//

Ref/B/Msg/USFOR-A/241523Z NOV 16// AMPN/(U) FRAGO 16-188 MOD 2 defines U.S. Command and Control (C2) relationships in the Combined Joint Operations Area-Afghanistan (CJOA-A) and supersedes all previous USFOR-A orders regarding U.S. C2 relationships in CJOA-A (S//REL to US, NATO, RSMA)// Ref/C/Doc/DOD/09 SEP 13// AMPN/(U) DOD Instruction 2000.12 Antiterrorism (AT) Program// REF/D/Doc/DOD/01 AUG 11// AMPN/(U) DOD Instruction 3020.50 Private Security Contractors (PSCS) operating in contingency operations, humanitarian or peace operations, or other military operations or exercises (U//FOUO)// Ref/E/Doc/DOD/20 DEC 11// AMPN/(U) DOD Instruction 3020.41 Operational Contract Support (U//FOUO)// Ref/F/Public Law 110-181/28 JAN 08// AMPN/(U) National Defense Authorization Act of 2008/SECTIONS 861, 862, 863, AND 864 (U//FOUO)//

Ref/G/Doc/DOD/12 APR 10// AMPN/(U) DOD Instruction 1100.22 Policy and Procedures for Determining Workforce Mix (U//FOUO)// Ref/H/Doc/DOD/01 APR 11// AMPN/(U) DOD Directive 5210.56 Carrying of Firearms and the Use of Force by DOD Personnel Engaged in Security, Law and Order, or Counterintelligence Activities (U//FOUO)// Ref/I/Msg/USCENTCOM/152210Z JAN 15// AMPN/(U) USCENTCOM FRAGO 05-02-007 to OPORD 05-02 (U//FOUO)// Ref/J/Doc/17 DEC 14// AMPN/(U) DCDR-S Arming Authorization Memo, Arming Authorization Applicable to All DOD Contractors in the Combined Joint Area of Operations-Afghanistan

(CJOA-A) (U//FOUO)//

Ref/K/Doc/SDCA/30 SEP 14// AMPN/(U) Security and Defense Cooperation Agreement between the United States of America and the Islamic Republic of Afghanistan, AKA Bilateral Security Agreement (BSA) (U//FOUO)// Ref/L/Doc/5030 MOU/13 SEP 14// AMPN/(U) Memorandum of Understanding Between Office of National Security Assistance Force Commander, U.S. Forces-Afghanistan on Matters of Security and Force Protection (U//FOUO)// Ref/M/Doc/DOD/JUL 12// AMPN/(U) Federal Acquisition Regulation (FAR) 25.302 Contractors Performing Private Security Functions Outside the United States (U//FOUO)//

Ref/N/Doc/DOD/JUL 13// AMPN/(U) FAR 52.225-26 Contractors Performing Private Security Functions Outside the United States (U//FOUO)// Ref/O/Doc/DOD/MAY 14// AMPN/(U) Defense Federal Acquisition Regulation Supplement (DFARS)

225.371 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States (U//FOUO)// Ref/P/Doc/DOD/OCT 15// AMPN/(U) DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States (U//FOUO)// Ref/Q/Doc/DOD/17 APR 12// AMPN/(U) DOD Manual 5100.76 Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives (AA&E) (U//FOUO)// Ref/R/Doc/FARMAN-66/29 AUG 15// AMPN/(U) Presidential Decree Concerning the Authorization of Security Contracts With Private Security (U//FOUO)// Ref/S/Msg/USFOR-A/021428Z MAR 15// AMPN/(U) USFOR-A FRAGO 15-032 Arming Procedures for DOD Contractors

(U//FOUO)//

Ref/T/Msg/USFOR-A/031004Z MAR 16// AMPN/(U) FRAGO 16-143 outlines procedures for requesting exceptions to policy (ETP) regarding the arming and management of armed Department of Defense (DOD) contractors operating in Afghanistan (U//FOUO)//

ORDTYPE/FRAGORD/USFOR-A/J3/JAN//

Timezone/Z//

NARR/(U//FOUO) This United States Forces-Afghanistan (USFOR-A) Fragmentary Order (FRAGO) 16-143 MOD 1 outlines procedures for requesting exceptions to policy (ETP) regarding the arming and management of armed Department of Defense (DOD) contractors operating in Afghanistan. This FRAGO supersedes references J (USFOR-A MEMO DTD 17 DEC 14) and S (USFOR-A FRAGO 15-032).//

1.(U//FOUO) Situation.

1.A.(U//FOUO) General.

1.A.1.(U//FOUO) USCENTCOM is responsible for Force Protection and Antiterrorism efforts for all DOD personnel in its area of responsibility.

1.A.2.(U//FOUO) USCENTCOM and USFOR-A policy is that contractors will be unarmed. Contractors may only be armed after receiving an approved exception to policy (ETP) based on a demonstrated need for arming authorization in order to complete a specific mission.

1.A.3.(U//FOUO) Commander USFOR-A delegates the authority to arm DOD contract employees to the Deputy Commander-Support (DCDR-S). In the event DCDR-S is not occupied by a general or flag officer or a civilian equivalent, arming authority passes to the Deputy Commander-Operations (DCDR-O). In the event both the DCDR-S and the DCDR-O are not occupied by a general or flag officer or a civilian equivalent, arming authority passes to the USFOR-A Deputy Commander.

1.A.4.(U//FOUO) Those contractors presently armed who do not have an approved ETP confirming the presence of at least one of the two excepted categories listed below will disarm. The excepted categories are:

1.A.4.A.(U//FOUO) Armed Security: Contractors providing armed security services inside and/or outside NATO/U.S. agreed facilities and areas, which includes guarding personnel, facilities, or property of a federal agency, contractor, or third party under contract with DOD (at any tier). These personnel may only be armed on duty while performing their armed security mission. This category is defined as the “Armed Security” exception.

1.A.4.B.(U//FOUO) Self-defense or Personal Protection: Contractors who regularly perform their contractual duties outside of agreed facilities, within areas deemed by proper authority to lack adequate security and areas in support of NATO/U.S. missions, including the provision to train, advise and assist Afghan National Defense Security Forces. The term “regularly” is defined as at least weekly. This category is defined as the “Self-Defense” exception.

1.B.(U//FOUO) Friendly Forces. No Change.

1.C.(U//FOUO) Enemy Forces. No Change.//

2.(U//FOUO) Mission. No Change.//

3.(U//FOUO) Execution.

3.A.(U//FOUO) Commander’s Intent.

3.A.1.(U//FOUO) Purpose. This FRAGO details the arming, disarming and management of DOD contractors in Afghanistan under Reference K.

3.A.2.(U//FOUO) Method. The Armed Contractor Oversight Directorate (ACOD) will coordinate with contracting agencies, vendors, and their representatives to facilitate the arming authorization process via the web-based Civilian Arming Authorization Management System (CAAMS).

3.A.3.(U//FOUO) Endstate. In Afghanistan, all DOD contract employees will be unarmed except to the extent that particular contract employees have received an ETP authorization in accordance with the guidance set forth in this FRAGO under Reference K.

3.B.(U//FOUO) Concept of the Operation. Requesting Officials (RO), Contracting Officers (KO), Contracting Officer Representatives (COR) and contractors, will ensure DOD contractors are armed in compliance with U.S.

Law, DOD, USCENTCOM and USFOR-A policy and regulation and all relevant international agreements. ACOD will facilitate the arming authorization process via CAAMS and provide oversight and reporting to USFOR-A and higher headquarters as required.

3.C.(U//FOUO) Tasks to Subordinate Units.

3.C.1.(U//FOUO) CHANGE: HQ USFOR-A, CSTC-A, JTF-10 JTF-1, SOJTF-A, TF ODIN,

10th MTN 1CD(-), TF Raging Bull 1CD RSSB (TF Wagonmaster), TF Dragon 1-187IN (TF Leader) (TRF), TF Iron Eagles 1st CAB (TF Victory), TF Iron Shield 5-5 ADA (TF Dragonslayer), TF Buffalo 1/3 CR (TF Tiger), JEODOC, MISTF-A, JDA-A, TF Signal, ECC-A, C-JSTCC, TAA, TF Justice (CID), 9th AETF.

3.C.1.A.(U//FOUO) No later than (NLT) 45 days prior to the desired contractor arming date, the RO will submit an ETP request for any DOD contractor seeking to be armed in Afghanistan in accordance with the requirements of this FRAGO.

3.C.1.B.(U//FOUO) NLT 30 days prior to the desired contractor arming date, the KO and COR will forward the ETP request and associated documentation to ACOD in CAAMS for review and processing in accordance with the requirements of this FRAGO.

3.D.(U//FOUO) Tasks to Staff.

3.D.1.(U//FOUO) Armed Contractor Oversight Directorate (ACOD).

3.D.1.A.(U//FOUO) ACOD will receive, process, and manage all ETP arming requests using CAAMS IAW Attachment 9, and pass prepared arming authorization letters (AAL) and associated documentation to the CMD GRP for approval by Commander, USFOR-A, or designee.

3.D.1.B.(U//FOUO) ACOD will provide oversight and reporting of armed contract employees in Afghanistan IAW Reference I and Attachment 8.

3.D.1.C.(U//FOUO) ACOD will direct and coordinate with ROs, KOs, and CORs to track and report compliance with the arming requirements including ETP requests, monthly rosters, quarterly census reports, and Serious Incident Reports (SIR).

3.D.2.(U//FOUO) CMD GRP.

3.D.2.A.(U//FOUO) CMD GRP will receive prepared AALs and documentation from ACOD and process for approval by Commander, USFOR-A, or designee.

3.D.2.B.(U//FOUO) NLT 14 days after receipt of prepared AALs and associated documentation, CMD CRP will return approved AALs to ACOD for distribution.

3.E.(U//FOUO) Coordinating Instructions.

3.E.1.(U//FOUO) Weapons.

3.E.1.A.(U//FOUO) Standard weapons are defined by Reference I as a 9mm NATO pistol (M9 or equivalent), 5.56mm NATO rifle (M4 or equivalent) or 7.62mm rifle (AK-47 or equivalent). The standard pistol is the generally sufficient for self-defense arming. A standard rifle may be requested for armed security and also for self-defense with added justification. Requesting the standard AK-47 also requires ensuring ammunition supply and qualification range availability.

3.E.1.B.(U//FOUO) Non-standard weapons (anything other than listed in 3.E.1.A. above) may only be requested under armed security ETP memos. Any request for non-standard weapons must explain in detail how the non-standard weapon will be employed.

3.E.1.C.(U//FOUO) Only U.S. Government-approved weapons and ammunition will be considered for authorization unless the RO obtains a separate waiver from Commander, USFOR-A or his designee.

3.E.1.D.(U//FOUO) Concealed weapons are not permitted unless the RO obtains a separate waiver from Commander, USFOR-A or his designee.

3.E.1.E.(U//FOUO) Except as stated below, the 9mm pistol is considered an adequate self-defense weapon. Requests for a rifle for self-defense purposes must be clearly and specifically justified by the requestor.

3.E.1.F.(U//FOUO) Due to the nature of their mission requirements and inherent security risks/responsibilities, contractors whose primary duty entails working as an armorer or directly in an armory or performing as a pilot, pilot trainer or aircrew in a flying status will be armed with both a 9MM pistol and a 5.56mm rifle (or AK-47) if requested, absent other intervening matters. This provision assumes these individuals fulfill all other requirements for self-defense arming as determined by ACOD staff.

3.E.1.G.(U//FOUO) DOD contractors will only be armed during the performance of their duties. The only DOD contractors authorized to be armed on a U.S./NATO-agreed facility are those specifically contracted to provide armed security for that facility. All others shall secure their weapons in accordance with (IAW) DOD policy and local directives upon arriving.

3.E.1.H.(U//FOUO) Weapons will be stored IAW DOD policy and local garrison commander directives. These requirements may vary by location and will be published separately. Weapons must be secured when not in use. Weapons may not be secured in vehicles. Trigger locks alone are not acceptable to secure a weapon adequately. Questions regarding DOD policy may be referred to the local garrison commander or Joint Security Office (JSO). JSO POC can be found in 5.B.5.

3.E.2.(U//FOUO) Arming Authorization Requests.

3.E.2.A.(U//FOUO) CHANGE: All ETP arming requests will be submitted by the RO via a memorandum or letter to USFOR-A. An example can be found in Attachment

2. All ETP arming requests shall be digitally signed by the RO within 45 days of original submission to ACOD. A senior operational commander in Afghanistan is required to concur with the RO memorandum. The senior operational commander is an O6 or higher commander in Afghanistan or an O6 or higher Chief of Staff to a General Headquarters in Afghanistan.

3.E.2.A.1.(U//FOUO) ADD: All RO memoranda, and Renewal RO memoranda, will certify that the contractor[s] requesting an exception to policy has/have received training on firearms functions, operations, and clearing procedures, as well as training on firearms handling and safety rules, and is qualified for the weapons[s] specified.

3.E.2.A.2.(U//FOUO) ADD: All renewal RO memoranda must list the weapons requested.

3.E.2.B.(U//FOUO) Requests containing blanket justification for arming are unacceptable. Justification should be specific to the individual, situation, and circumstances which require arming. Requests for several individuals performing identical duties (e.g. armed security) under the same contract may be submitted under the same RO Memo.

3.E.2.C.(U//FOUO) All ETP requests will set forth specific information justifying the requirement to carry standard weapons inside and/or outside a U.S./NATO facility and will include the following:

3.E.2.C.1.(U//FOUO) An assessment of the level of risk and security situation where the individual will operate;

3.E.2.C.2.(U//FOUO) A detailed and narrowly-tailored job description and scope of mission;

3.E.2.C.3.(U//FOUO) A specific description of the location of operations and facilities where the employee will actually work;

3.E.2.C.4.(U//FOUO) An outline of the duration of the mission (i.e.

restricted to on-duty periods);

3.E.2.C.5.(U//FOUO) Communication and movement/interaction plans with U.S./NATO Forces;

3.E.2.C.6.(U//FOUO) Identification of the weapon(s) to be carried.

3.E.2.D.(U//FOUO) All requests for ETP will include the following accompanying documents, IAW Attachment 3:

3.E.2.D.1.(U//FOUO) Synchronized Pre-Deployment and Operational Tracker (SPOT) employment letter of authorization (LOA).

3.E.2.D.2.(U//FOUO) DD Form 2760 (Qualification to Possess Firearms or Ammunition).

3.E.2.D.3.(U//FOUO) Law of Armed Conflict/Rules for the Use of Force Training Certification.

3.E.2.D.4.(U//FOUO) Acknowledgement of Training and Liability signed by the individual contract employee and authorized company representative for the prime contractor and all subcontractors.

3.E.2.D.5.(U//FOUO) Weapons qualification scorecards to include name of shooter, identification of type of weapon, hits and misses, date of qualifying shoot, location of the range, and the legible, full name and signature of the grader/scorer/range master/OIC.

3.E.2.D.6.(U//FOUO) Biometric verification letter (Non-U.S. Citizens only) IAW Attachment 4.

3.E.2.D.7.(U//FOUO) Background investigation summary IAW Attachment 5.

3.E.2.E.(U//FOUO) Use of the SPOT system is mandatory. Arming of DOD contractors will not be authorized unless enrolled in SPOT. Each time a new SPOT LOA is generated or required by ACOD, the COR must update the SPOT ID information in the individual contract employee’s profile in CAAMS. Specific requirements and guidance are provided in Reference I, Annex C, Appendix 8.

3.E.2.F.(U//FOUO) All contractors will upload copies of their contract, periods of performance, and Performance Work Statements to CAAMS—one copy for each prime contract and sub-contract. Copies of contracts are not required for each ETP submission.

3.E.2.G.(U//FOUO) IAW Reference L, DOD contractors from any country sharing a common border with Afghanistan shall not be armed.

3.E.2.H.(U//FOUO) IAW Reference K, Contractors and contract employees must abide by all Afghan laws, to include the registration of any weapons (see Attachment 6). In addition, once Government of the Islamic Republic of Afghanistan (GIROA) weapons permits are issued, they should be uploaded into the CAAMS database within 45 days of approval of the AAL. Failure to do so may result in suspension or revocation of arming authorization.

3.E.2.H.1.(U//FOUO) Commander USFOR-A, or designee (Senior Command Advisor), is the only authority for issuing Letters of Introduction (LOI) to GIROA officials in pursuit of Afghan weapons permits. All interaction with GIROA with regard to obtaining Afghan weapons permits shall be facilitated by the USFOR-A Senior Command Advisor IAW Attachment 6.

3.E.2.I.(U//FOUO) The DOD contract employee must carry on his/her person the operative AAL, SPOT LOA, and proof that he/she has obtained the required Afghan weapons permit(s) (one permit per weapon carried). Armed personnel must present such documents to any ACOD representative, security personnel, auditors, and military or civilian personnel in their chain of command upon request.

3.E.3.(U//FOUO) Contract Extensions/Renewal of Arming Authorizations.

3.E.3.A.(U//FOUO) Arming authorizations (AALs) are valid for one year from the date of the authorization and only for the contract and personnel listed on the signed AAL.

3.E.3.B.(U//FOUO) Normally, the complete arming process outlined in 3.E.2. of this FRAGO must be followed in order to receive a new AAL. However, under specific circumstances, a renewal of an existing AAL may be obtained at the discretion and approval of ACOD.

3.E.3.C.(U//FOUO) Upon consent from ACOD, a renewal RO Memo may be submitted for a contract employee when he/she moves to a different contract not listed on the existing AAL (but will be performing the same duties in the same or similar circumstances), the current contract is extended beyond the expiration date of the existing AAL, or the prime and/or sub-contracting company has changed. For example, a contract for armed security is awarded to a new company instead of renewing the previous company’s contract. Many of the guards that were providing security under the previous company are hired by the new company to continue in that role. Those guards hired by the new company that remain fully qualified for this position under the requirements of this FRAGO may request an AAL via the expedited renewal process described below.

3.E.3.D.(U//FOUO) When requesting a new AAL for a contract change or renewal, contractors should use the renewal RO Memo template in Attachment 3. This template allows an expedited review process for contract employees that have been previously authorized for arming and continuously observed in their role with no more than a 30-day (consecutive) break in service during their employment period. For AAL renewal, the following items must be completed/verified:

3.E.3.D.1.(U//FOUO) A renewal RO Memo (including the employee’s original RO Memo as an attachment) and new SPOT LOA must be submitted for review in CAAMS for each individual. With this memo, the RO certifies that all information from the previous RO Memo remains valid, including personnel information (name, national ID/passport/Tasker number, and BIO GUID), prime/sub-contracting companies, weapon(s) requested, weapon(s) justification, and movement and/or communications plans. The RO Memo will also certify that the company knows of nothing that would preclude the employee(s) from being armed under U.S./Host nation laws.

3.E.3.D.2.(U//FOUO) At least 90 days remain on the employee’s current weapons qualification.

3.E.3.D.3.(U//FOUO) The RO has certified all other required documentation listed in 3.E.2.C. is still accurate. Any documents that have not changed do not need to be re-uploaded to CAAMS.

3.E.3.D.4.(U//FOUO) If the prime and/or sub-contracting company has changed, additional documentation, such as an Acknowledgement of Training and Liability, may be required at the discretion of ACOD.

3.E.3.D.5.(U//FOUO) When requesting a new AAL, updated documentation should be submitted as early as practical to allow for adequate review and processing by ACOD. The recommended timeframe to submit necessary documents is at least 30 days prior to AAL expiration to prevent having to disarm contract employees between expiration of the existing AAL and approval of the new AAL.

3.E.4.(U//FOUO) Serious Incident Reports (SIR) and Revocations.

3.E.4.A.(U//FOUO) Commander USFOR-A, or designee, is responsible for all Force Protection in the Afghanistan AOR. As such, either Commander, USFOR-A, or designee, is the arming authority and the sole source for revoking previously granted permission to be armed.

3.E.4.B.(U//FOUO) SIRs related to misconduct or negligent discharges are the basis of most revocations. All SIRs will be reported and investigated as outlined in Attachment 7.

3.E.4.C.(U//FOUO) The RO and U.S./NATO facility/Garrison Commander retain the authority to secure weapons of any contract employee for safety or as the security and needs of the facility may dictate. This is not a revocation but a temporary restriction.

3.E.4.D.(U//FOUO) Failure to comply with the requirements of this FRAGO may result in ETP denial, or suspension/revocation of previously granted ETP authorization.

3.E.5.(U//FOUO) Direct Liaison Authorized (DIRLAUTH), All Concerned

(ALCON).//

4.(U//FOUO) Admin and Logistics. No Change.//

5.(U//FOUO) Command and Signal.

5.A.(U//FOUO) Command Relationships. No Change.

5.B.(U//FOUO) Points of Contact.

5.B.1.(U//FOUO) DELETE: CDR Ben Martin, USN, USFOR-A, ACOD Director, VOIP:

318-436-7535, SVOIP: 308-532-8011,

NIPR: benjamin.p.martin@afghan.swa.army.mil SIPR: benjamin.p.martin@afghan.swa.army.smil.mil 5.B.2.(U//FOUO) ADD: CDR Ben Taylor, USN, USFOR-A ACOD Director, VOIP: 318- 436-7535, SVOIP: 308-532-8011, NIPR: benjamiin.n.taylor.mil@mail.mil SIPR:

benjamin.n.taylor@mail.smil.mil

5.B.3.(U//FOUO) DELETE: CAPT Matthew Muenchrath, JAGC, USN, USFOR-A, ACOD Legal and Policy Advisor, VOIP: 318-436-7536, SVOIP: 308-449-0395, NIPR: matthew.p.muenchrath@afghan.swa.army.mil SIPR: matthew.p.muenchrath@afghan.swa.army.smil.mil

5.B.4.(U//FOUO) ADD: CAPT Doug Cohen, JAGC, USN, USFOR-A ACOD Legal and Policy Advisor, VOIP: 318-436-7536, SVOIP: 308-449-0395, NIPR:

douglas.j.cohen2.mil@mail.mil SIPR:

douglas.j.cohen2.mil@afghan.swa.army.smil.mil

5.B.5.(U//FOUO) CHANGE: ACOD Organization Mailbox NIPR: usfora.acod.org@afghan.swa.army.mil usfora.acod.org.mil@mail.mil

5.B.6.(U//FOUO) TF Biometrics Organization Mailbox NIPR: tfbiobei@afghan.swa.army.mil

5.B.7.(U//FOUO) DELETE: CPT Peter Mueller, USFOR-A JSO, SVOIP: 308-431-8422, NIPR: peter.c.mueller.mil@mail.mil SIPR: peter.c.mueller.mil@afghan.swa.army.smil.mil

5.B.8.(U//FOUO) ADD: MAJ Melissa Stewart, USFOR-A JSO, SVOIP: 308-431-8414, NIPR: melissa.k.stewart10.mil@mail.mil SIPR: melissa.k.stewart@afghan.swa.army.smil.mil

5.B.9.(U//FOUO) DELETE: Dr. Ellen R. Klein, USFOR-A Senior Command Advisor, VOIP: 318-449-1429, SVOIP: 308-449-9167, NIPR: ellen.r.klein@afghan.swa.army.mil SIPR: ellen.r.klein@afghan.swa.army.smil.mil

5.C.(U//FOUO) Uniform Resource Locators (URL).

5.C.1.(U//FOUO) ACOD SharePoint Site:

http://usfora.afghan.swa.army.mil/sites/ACOD/default.aspx mailto:benjamin.p.martin@afghan.swa.army.mil mailto:benjamin.p.martin@afghan.swa.army.smil.mil mailto:benjamiin.n.taylor.mil@mail.mil mailto:benjamin.n.taylor@mail.smil.mil mailto:matthew.p.muenchrath@afghan.swa.army.mil mailto:matthew.p.muenchrath@afghan.swa.army.smil.mil mailto:douglas.j.cohen2.mil@mail.mil mailto:douglas.j.cohen2.mil@afghan.swa.army.smil.mil mailto:usfora.acod.org@afghan.swa.army.mil mailto:usfora.acod.org.mil@mail.mil mailto:tfbiobei@afghan.swa.army.mil mailto:peter.c.mueller.mil@mail.mil mailto:peter.c.mueller.mil@afghan.swa.army.smil.mil mailto:melissa.k.stewart10.mil@mail.mil mailto:melissa.k.stewart@afghan.swa.army.smil.mil mailto:ellen.r.klein@afghan.swa.army.mil mailto:ellen.r.klein@afghan.swa.army.smil.mil http://usfora.afghan.swa.army.mil/sites/ACOD/default.aspx

(U//FOUO) Acknowledge:

Nicholson

GEN

Official:

Thomson DCDR-Support

9 Attachments:

CHANGE: ATT 1 – Duties of Contractors and Representatives MOD 1 CHANGE: ATT 2 – Exception to Policy Requests MOD 1 CHANGE: ATT 3 – Templates and Examples of Arming Documents MOD 1 ATT 4 – Biometrics ATT 5 – Background Investigations CHANGE: ATT 6 – Compliance with GIROA Laws and Weapon Permits MOD 1 ATT 7 – Serious Incident Reports and Revocations ATT 8 – Duties of ACOD ATT 9 – CAAMS Familiarization

BT

#4471

Attachment 1 – Duties of Contractors and Representatives MOD 1

1. (U//FOUO) RO Duties (U.S. only O-6/GS-15 or above).

1.A. (U//FOUO) RO will determine the need to arm DOD contract employees IAW Afghanistan and U.S. law and this FRAGO.

1.B. (U//FOUO) RO will submit an exception to policy (ETP) request for any DOD contractor seeking to be armed in Afghanistan.

1.C. (U//FOUO) RO will describe the specific requirements that call for contract employees to be armed.

1.D. (U//FOUO) RO will ensure and confirm that a thorough background check on each prospective armed contract employee has been performed. The RO will determine if the background check performed by the contractor is adequate and, if not, will direct further action. Background checks should include, at a minimum, verifying criminal history records with local Afghan police or national directorate for security, Interpol, country of origin, FBI/CIA or equivalent records systems, and, for LNs, obtaining letters of reference from village elders. Background checks shall be conducted within 180 days of the submission of the initial ETP request to ACOD. RO will retain background check information during the contractor’s employment and for a minimum of twelve months following completion/termination of the contract.

1.E. (U//FOUO) CHANGE: RO will confirm in writing that all prospective armed contract employees are in good standing with respect to required training, including rules of use of force, law of armed conflict, and annual weapons qualifications. The RO will certify that the contractor[s] requesting an exception to policy has/have received training on firearms functions, operations, and clearing procedures, as well as training on firearms handling and safety rules, and is qualified for the weapons[s] specified.

1.F. (U//FOUO) RO will regularly assess the need to be armed for all armed contract employees. This will include a regular reassessment of the scope of mission and all criteria set forth originally to justify the arming request. The term “regularly” shall mean at least monthly for all duties described in this attachment.

1.G. (U//FOUO) RO will implement a communications plan between armed contract employees and U.S. Forces, including means to relay threat information and develop movement plans to track contract employees as they travel in CJOA-A.

1.H. (U//FOUO) RO will report and track serious incidents related to their armed contract employees to include: any discharge, theft, or loss of a weapon, hostile encounters, road closures preventing transit while armed, threats, and any situation which could reflect negatively on the U.S./NATO mission, in accordance with Attachment 7.

1.I. (U//FOUO) RO will disarm contract employees when directed, anytime the contract employees present a risk to mission or personnel, anytime disarming is necessary for the safety or security of the unit or installation, or for non-compliance by the contract employee with the requirements herein.

1.J. (U//FOUO) RO will ensure that weapons utilized by DOD contract employees are stored in accordance with local command policies/directives to include, at a minimum, a double lock securing mechanism for each weapon. A trigger lock, while encouraged, is not a sufficient locking mechanism. Weapons will not be stored in vehicles. Requirements to secure weapons will be published by the Physical Security Office and U.S./NATO Facilities.

1.K. (U//FOUO) RO will ensure that all DOD contract employees are armed in accordance with Afghan laws and have obtained any required license or weapons permit. RO will advise all DOD contractors, IAW Reference I, that Afghanistan may exercise jurisdiction over DOD contractors and contract employees.

1.L. (U//FOUO) RO will nominate, qualify, and supervise a COR to work with the contracting officers, contractors, and ACOD. RO will ensure that CORs comply with requirements outlined in References G and K - N, and is familiar with the arming requirements.

1.M. (U//FOUO) Training a successor RO is a mandatory turnover item. ACOD must be notified of the identity of the new RO before turnover. Upon assumption of assignment, the new RO will ensure that all existing arming requests approved by the previous RO remain valid and certify the same to ACOD.

2. (U//FOUO) KO Duties.

2.A. (U//FOUO) KOs retain the legal authority to direct armed contractors in the performance of their contracts.

2.B. (U//FOUO) KO will ensure all contracts and all tiers of subcontracts involving armed contract employees include a requirement to comply with all USFOR-A, CENTCOM, and DOD arming policies.

2.C. (U//FOUO) KO will ensure that all clauses and requirements mandated by the FAR and DFAR are included in the contract.

2.D. (U//FOUO) KO will ensure that the appropriate government furnished life support/authorized government services are indicated in the contract, SPOT, and CAAMS.

2.D.1. (U//FOUO) KO will ensure that the contract and individual data in SPOT is accurate, including location, job description, deployment dates, and arming status (weapon type and weapon serial number).

2.D.2. (U//FOUO) Prior to any ETP arming request, KO will set individual’s deployment status to open/active.

2.D.3. (U//FOUO) Per USCENTCOM policy, the KO will ensure the deployment purpose listed in SPOT is specific and descriptive of the work and reason the person is employed.

2.D.4. (U//FOUO) KO will remove authorized government services allowing weapons eligibility from those employees who will not be armed.

2.E. (U//FOUO) CHANGE: KO will review and approve background investigations provided by the contractor prior to ETP arming requests. At a minimum, a summary of the background investigation shall be provided with the ETP arming request that must state the proposed contract employee has had a recent background investigation, the date of the investigation, and the results of that investigation do not preclude that individual from possessing a firearm under U.S. or Afghan law. A recent background investigation is one that has been conducted within 180 days of submission of the ETP arming request (see Attachment 5 (Background Investigations)).

2.E.1. (U//FOUO) KO will provide the actual background investigation to ACOD upon request or as required to relevant personnel during investigations.

2.F. (U//FOUO) KO will register in CAAMS, and approve COR and Vendor (Contractor) registration in CAAMS.

2.F.1. (U//FOUO) KO will utilize CAAMS to process, review, and approve arming requests prior to submission to RO.

2.F.2. (U//FOUO) KO will ensure that the correct contract managing agency is set forth in CAAMS.

3. (U//FOUO) COR Duties.

3.A. (U//FOUO) CORs will function as the primary liaisons between the contracting officers, the contracting agencies, and the supported commands (RO), as well as the primary contact for ACOD.

3.B. (U//FOUO) Any individual assigned as a COR to an armed security contract or any other contract(s) with an aggregate of 25 or more armed personnel shall be not be assigned any other primary duties or responsibilities that detract from his/her role as a COR.

3.C. (U//FOUO) CORs will ensure that all non-U.S. citizen contract employees are enrolled and compliant with the biometric registration requirements.

3.D. (U//FOUO) CORs will assist the RO by tracking training and weapons qualification dates and conducting spot-checks on annual requirements.

3.E. (U//FOUO) CORs are responsible for collecting all data that is required to be submitted in an ETP request. CORs are responsible for verifying submissions are accurate and regularly updating all such data.

3.F. (U//FOUO) CORs must ensure that all DOD contract employees are properly securing weapons IAW paragraph 3.E.1.H. of this FRAGO when not on duty.

3.G. (U//FOUO) CORs are responsible for regularly verifying that all DOD armed contract employees are complying with DOD regulations, applicable Afghan law, and that they carry on their person a copy of their SPOT LOA, AAL, and any required Afghan license or permit.

3.H. (U//FOUO) CORs shall confirm (or verify that contracting agencies have confirmed per paragraph 5.C of this attachment) the accuracy of all assigned contract employee profiles in CAAMS on a monthly basis and report completion to ACOD.

4. (U//FOUO) DOD Contracting Agency Duties.

4.A. (U//FOUO) DOD contracting agencies are requested to oversee contracting officers as they enter into, administer, and terminate contracts for the provision of armed contractor services.

5. (U//FOUO) Contracting Agency/Contract Employee Duties.

5.A. (U//FOUO) Contract employees must comply with the terms of their contract for employment, DOD, USCENTCOM, USFOR-A policies and regulations, and all applicable U.S. and Afghan laws.

5.B. (U//FOUO) Contracting agencies are responsible for performing and documenting a thorough and relevant background check on each armed contract employee to ensure that a contractor may legally possess a firearm under U.S. law, Afghan law, and the relevant portions of this Order. The KO may direct additional background investigation if they determine the contract employee’s background check is inadequate. Background checks should include verifying criminal history records with local Afghan police or national directorate for security, Interpol, country of origin, FBI/CIA or equivalent records systems, and, for LNs, obtaining letters of reference from village elders. Background checks shall be conducted no later than 180 days prior to the submission of the original ETP. The contractor will retain background check information during the period of employment under the contract and for a minimum of twelve months following completion/termination of the contract. Background check information will be submitted to the contracting officer.

5.C. (U//FOUO) Contracting agencies shall confirm the status of their respective armed contract employees monthly, to include arming status, SPOT LOA, and contract/weapons qualifications dates. This will be completed in CAAMS by checking the “confirm” box in CAAMS or making other report annotations as necessary to ensure proper communication of contract employee status each month.

5.D. (U//FOUO) Contracting agencies must allow the KO/COR or designee, ACOD, or other designated U.S. government representative to enter any contract employee facility in Afghanistan to review and evaluate the performance and training records of armed contract employees, as well as the maintenance of such records.

5.E. (U//FOUO) Contract employees must carry the SPOT LOA, AAL, and any required Afghan weapons permits or licenses on their person while in performance of their duties.

Attachment 2 – Exception to Policy Requests MOD 1

1. (U//FOUO) Purpose. Arming requests for DOD contract employees in Afghanistan shall follow these procedures.

2. (U//FOUO) Only DOD contract employees who provide armed security services inside U.S./NATO facilities, provide armed security services directly contracted for IAW Reference R, or who regularly perform contractual/mission duties outside of U.S./NATO facilities in support of U.S./NATO missions, including the provision of training, advise, and assistance to Afghan national security defense forces (ANSDF) will be considered for an arming request.

2.A. (U//FOUO) RO will submit an ETP request IAW this FRAGO (RO Memorandum). RO will draft the ETP arming request for DOD contract employees and route the request via the Civilian Arming Authorization Management System (CAAMS) to ACOD for submission to USFOR-A DCDR-S. The RO letter must include the information listed in Reference I.

2.A.1. (U//FOUO) CHANGE: All ETP requests will set forth specific information justifying the requirement to carry a standard weapon, a detailed and narrowly tailored scope of mission/employment duties, an assessment of the level of risk and security situation where the individual will operate, a specific description of the geographic area of operations, the duration of the mission, a summary of the communications and movement plans between contract employees and U.S. military forces, and identification of the weapon(s) to be carried. The RO memo will specify the type of weapon[s] requested, including the make and model of weapon (e.g., Glock 23/17/19, Beretta M9/92, Colt M4, S&W AR-15, Kalishnikov AK-47).

2.A.2. (U//FOUO) The ETP request (i.e. RO Memorandum) will be initiated based on a contractor request to arm their employee(s). That request (i.e. submission of documents by contractor in CAAMS) will be reviewed and approved by KO or representative prior to drafting the RO Memorandum.

2.B. (U//FOUO) The following are mandatory inclusions in the arming request package (see Attachment 3 for examples):

2.B.1. (U//FOUO) Synchronized Pre-Deployment and Operational Tracker employment Letter of Authorization (SPOT LOA).

2.B.2. (U//FOUO) DD Form 2760, Qualification to Possess Firearms or Ammunition (Lautenberg Amendment).

2.B.3. (U//FOUO) Law of Armed Conflict/Rules for Use of Force training certification.

2.B.4. (U//FOUO) Acknowledgement of training and liability form, signed by the contract employee and an authorized representative of the employing company (prime and all subcontractor(s), if applicable). This form acknowledges the training, responsibilities, potential liability, and conditions for authorization to carry weapons.

2.B.5. (U//FOUO) CHANGE: Background investigation summary. A background investigation on each individual contract employee must be conducted to determine suitability to be armed. The background investigation summary must state, at a minimum, that the proposed contract employee has had a recent background investigation (within 180 days of submission of the ETP request), the date of the investigation, and the results of that investigation do not preclude that individual from possessing a firearm under U.S. or Afghan law. Evidence of the contract employee’s security clearance is only definitive if the investigation completed for that clearance was completed within 180 days of submission of the ETP request. A copy of the results must be maintained by the KO/COR and made available to the RO, ACOD or investigators as requested. A document summarizing the results of the investigation is sufficient for submission as part of the ETP request.

2.B.6. (U//FOUO) CHANGE: Weapons qualifications scorecards. The individual weapons scorecard for each type of weapon requested must indicate the type of weapon (9mm or M-9, NATO 5.56mm or M-4, 7.62mm or AK-47) (e.g., Glock 23/17/19, Beretta M9/92, Colt M4, S&W AR-15, Kalishnikov AK-47), the total number of hits/misses and the scorecard should be issued by or be comparable to those used by any DoD agency on the DD Form 5704-R. Range scorecards must include the full name of the shooter and include the date of the qualification shoot. The range scorecard must be dated and signed by the grader/scorer/rangemaster/OIC, indicate his/her full, legible name, and set forth the name/location of the range used during the qualification. Non-standard weapon qualifications shall follow the same requirements set forth in this paragraph.

2.B.7. (U//FOUO) Biometric verification letter. Biometric verification is required for non-U.S. citizens. Individuals will be enrolled and checked against watch lists. The COR will sign (or have a military/DoD civilian screener sign) and submit the biometric verification to the RO to be included in the ETP request.

2.B.8. (U//FOUO) The arming request should include a copy of the relevant portions of the contract and all relevant tiers of subcontracts, including the face page of the contract, the sections identifying parties, the terms of performance, identification of any options to the contract, any portions dealing with arming of contract employees, the section identifying whether government-furnished life support (GFLS) or Authorized Government Services shall be provided, the section itemizing what government services are authorized or provided, the signatures to the contract, any reporting requirement and/or quality assurance provisions regarding weapons or arming, and any modifications and amendments relevant thereto. The contract must include mandatory language contained in the Defense Federal Acquisition Regulation Supplement (DFARS) with respect to contract employees supporting U.S. armed forces deployed outside the United States (References K-N).

2.B.8.A. (U//FOUO) The contract end date and period of performance must be clearly identified.

2.B.8.B. (U//FOUO) If relevant, the contract must expressly allow the contract employee to carry weapons for self-defense or personal protection and must require the contract employee to comply with all DOD policies on arming.

2.B.8.C. (U//FOUO) Contract data shall be submitted for each contract, but is not required to be submitted for each individual included on that contract. The contract shall be uploaded into CAAMS.

2.C. (U//FOUO) For contract employees performing duties outside of U.S./NATO agreed facilities, an acknowledgment that they have complied with Afghan law and regulations for licensing and weapons permitting is required as outlined in Attachment 6.

3. (U//FOUO) Requirements for requesting an ETP for non-standard weapons.

3.A. (U//FOUO) If the RO determines that non-standard weapons or ammunition are required, the RO will endorse an additional and separate ETP request for a waiver to carry non-standard weapons. This RO letter will be submitted to ACOD for processing and include the following requirements:

3.A.1. (U//FOUO) A justification describing the need for non-standard weapons.

3.A.2. (U//FOUO) A statement of whether the weapons are government-furnished equipment or contractor-furnished equipment.

3.A.3. (U//FOUO) The full name of each DOD contract employee requesting authorization to use the non-standard weapons.

3.A.4. (U//FOUO) Documentation that each DOD contract employee requesting use of the non-standard weapon has already completed, or is concurrently submitting, a standard arming authorization ETP request.

3.A.5. (U//FOUO) Weapons qualifications scorecards for the non-standard weapon requested. These qualifications must be a DOD or USG agency qualification or comparable qualification if a DOD or USG agency qualification does not exist for the chosen weapon. The scorecard should clearly indicate the full name of shooter, type of weapon, the minimum passing score, and the actual score in total hits or misses. Scorecards must indicate the full, legible name and signature of the grader/scorer/range master/OIC and the range name/location.

3.A.6. (U//FOUO) Each Non-Standard weapon type must be approved separately. Non-Standard weapons are only authorized for Armed Security ETPs.

4. (U//FOUO) Translation and/or explanation of documents. All documents/forms may be translated verbatim into a native language understood by the person requesting arming. If the person cannot read the form, the substance of the form will be explained to him/her so he/she can truthfully sign the document/form.

5. (U//FOUO) Signature. A person must sign a document for himself or herself using a signature, mark, or another acceptable means to reflect that he/she has understood and completed the document signed.

6. (U//FOUO) All arming requests must contain original documents specific to that particular request. The practice of using old memos or documents with a new attached roster is unacceptable.

7. (U//FOUO) ACOD will review and determine if submissions meet criteria prior to onward submission for approval.

Attachment 3 - Templates and Examples o f Arming Documents

1. (U//FOUO) RO Memo Armed Security

2. (U//FOUO) RO Memo Self Defense 3 . (U//FOUO) RO Memo Renewal

4. (U//FOUO) Biometric Verification Letter

5. (U//FOUO) Rules of Force I Law of Armed Conflict Training 6 . (U//FOUO) Acknowledgement of Training

7. (U//FOUO) DD Form 2760 (Attached)

8 . (U//FOUO) SPOT LOA

9 . (U//FOUO) Pistol Scorecard (Attached)

10. (U//FOUO) Rifle Scorecard (Attached) 11 . (U//FOUO) Background Invest i gation

Note: Areas on each form highlighted in yellow require specific input from the company/representative submitting the documents for review .

Note : References listed in any of the templates above should be updated to reflect the most current version at the time of submission .

[LETIERHEAD]

[DATE Must Be Within 45 Days of Submission]

MEMORANDUM FOR UNITED STATES FORCES -AFGHANISTAN DEPUTY

COMMANDER - SUPPORT

FROM: [COMPANY or UNIT/OFFICE SYMBOL]

SUBJECT: Exception to Policy Request for Authorization for DoD Contractor Employees to be Armed for the Provision of Armed Security Inside US/NATO Bases in the Afghanistan Theatre of Operations

1 . References:

a. (U) USCENTCOM FRAGO 05-02-007 to OPORD 05-02

b. (U) USFOR-A FRAG016-143, Arming Procedures for DOD Contractors

c. (U) U.S./GIROA Security and Defense Cooperation Agreement, 30 Sep 2014

2. I am requesting an exception to policy arming authorization for the DOD Contractor employee(s) listed in this paragraph. They are employed by [name of company/agency] under contract [full contract number and TO if applicable], and will be supporting/are assigned to [name of program/unit].

Last Name >=irst Name National ID/Passport/Taskera # Uob Title

3. I request they be authorized to carry the following types of weapons:

[List weapon types. Examples: Glock 23/17/19, Beretta M9/92, Colt M4, S&W AR-15, Kalishnikov AK-47. If the RO determines that non-standard weapons are justified, the RO must provide specific information detailing the reasons why non-standard weapons are needed, whether they will be fixed or movable, and the storage and maintenance plan for the requested non-standard weapons.]

4. I certify that the contractor[s] requesting an exception to policy named herein has/have received training on firearms functions, operations, and clearing procedures, as well as training on firearms handling and safety rules, and is qualified for the weapon[s) specified herein.

5. Justification: [Provide a description of the armed security mission (i.e., what is to be guarded), an assessment of the risk and security situation on the US/NATO base where the contractor will operate, a description of the daily duty periods for the contractor. Include information related to why means other than contractor provided security services are insufficient to provide security inside the US/NATO base.]

6. Rifle Justification: {If a rifle is required is required describe specifically why the individual(s) need to be armed with a rifle. The RO Memo should have details about why the individual(s) specifically need(s) a rifle, and how it's important for their specific job and work environment. The memo needs to explain why and what kind of situations will arise that require to engage threats at a distance outside of the range of a standard pistol, examples: insurgent attack, SERE after aircraft downed, etc.]

7. Communication Plan: [Describe how communications will be coordinated with the applicable military authorities. Describe how communications will be utilized and what assistance will be provided should contractors become engaged in hostile situations.

Also how threat information will be shared between contractor and U.S. military forces.

The contractor's method of notifying military forces and requesting assistance where hostilities arise or combat action is needed. How relevant threat information will be shared between contractor security personnel and U.S. military forces. The contractor's capability to request medical evacuation (MEDEVAC) support. Has the contractor's list of communication equipment required for operations been disclosed to the military? Has frequency de-confliction been completed? A standard written policy may be cited.]

8. Background Investigation: [The Company is required to conduct a background check in addition to any security clearance validation on each employee - this data needs to be provided to the Contracting Officer and screened to RO satisfaction. Additionally the date of the investigation must be noted along with the results of the investigation ]

9. Biometric Clearance Verification (For OCN and LN Only): The personnel have been biometrically verified and vetted against watch list databases.

10. The POC for this request is [name, phone number, and email address].

[RO's Name, Rank/Civ Grade, Service]

(Duty Title/Position]

Concur/Non-Concur

[Senior Operational Commander]

Name, Rank, Title

. [LETTERHEAD]

MEMORANDUM FOR UNITED STATES FORCES-AFGHANISTAN DEPUTY

FROM: [COMPANY or UNIT/OFFICE SYMBOL

SUBJECT: Exception to Policy Request for Authorization for DoD Contractor Employees to be Armed for Self-Defense in the Afghanistan Theatre of Operations

1. References:

b. (U) USFOR-A FRAGO 16-143, Arming Procedures for DOD Contractors

2. I am requesting an exception to policy arming authorization for the DOD Contractor employee(s) listed in this paragraph. They are employed by [name of company/agency] under contract [full contract number and TO if applicable], and will be supporting/are assigned to [name of program/unit].

Last Name First Name National I D/Passport/T askera # Job Title

3. I request they be authorized to carry the following types of weapons: [List weapon types.

Glock 23/17/19, Beretta M9/92, Colt M4, S&WAR-15, Kalishnikov AK-47. If the RO non-standard weapons are justified, the RO must provide specific information detailing the reasons why non-standard weapons are needed, whether they will be fixed or movable, and the storage and maintenance plan for the requested non-standard weapons.]

* Note: A standard pistol (9mm NATO) is the designated self-defense weapon.