B08 Attachment 2 FRAGO 20-091 ARMING PROCEDURES FOR DOD CONTRACTORS.PDF

Unclassified//FOUO//

UFOUO USFOR-A FRAGO 20-091 ARMING PROCEDURES FOR DOD CONTRACTORS

Originator: USFOR-A//MC//

DTG: 051630Z Mar 20

SUBJ/USFOR-A FRAGO 20-091 ARMING PROCEDURES FOR DOD CONTRACTORS

Unclassified//FOUO

Oper/Freedom’s Sentinel//

MsgID/Order/USFOR-A//

REF/A/Msg/USCENTCOM/APR 19//

AMPN/(U) USCENTCOM OPORD 25 MOD-3, Operation FREEDOM’S SENTINEL, directs execution of USCENTCOM OPLAN 1710-14, supersedes OPORD 25 MOD 2, and supersedes all previous orders regarding U.S. C2 relationships in

Afghanistan//

REF/B/Msg/USFOR-A/NOV 19//

AMPN/(U) FRAGO 20-030 USFOR-A Command and Control //

Ref/C/Public Law 110-181/28 JAN 08//

AMPN/(U) National Defense Authorization Act of 2008/SECTIONS 861-864

(U//FOUO)//

Ref/D/Public Law 110-417/14 OCT 08//

AMPN/(U) National Defense Authorization Act of 2009/SECTIONS 853-854

(U//FOUO)//

Ref/E/Public Law 111-383/07 JAN 11//

AMPN/(U) National Defense Authorization Act of 2011/SECTIONS 831-833

(U//FOUO)//

Ref/F/Title 32 Code of Federal Regulations Part 159/11 AUG 11//

AMPN/(U) Private Security Contractors Operating in Contingency Operations

(U//FOUO)//

Ref/J/Doc/DOD/JUL 12//

AMPN/(U) Federal Acquisition Regulation (FAR) 25.302 Contractors Performing

Private Security Functions Outside the United States (U//FOUO)//

Ref/H/Doc/DOD/OCT 16//

AMPN/(U) FAR 52.225-26 Contractors Performing Private Security Functions

Outside the United States (U//FOUO)//

Ref/I/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/J/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/K/Doc/DOD/18 NOV 16//

AMPN/(U) DoD Directive 5210.56 Arming and the Use of Force (U//FOUO)//

Ref/L/Doc/DOD/01 DEC 17//

AMPN/(U) DoD Instruction 1100.22 CH 1 Policy and Procedures for Determining

Workforce Mix (U//FOUO)//

Ref/M/Doc/DOD/08 MAY 17//

AMPN/(U) DoD Instruction 2000.12 CH-3 Antiterrorism (AT) Program (U//FOUO)//

Ref/N/Doc/DOD/31 AUG 18//

AMPN/(U) DoD Instruction 3020.41 CH-2 Operational Contract Support (OCS)

(U//FOUO)//

REF/O/Doc/DOD/31 AUG 18//

AMPN/(U) DoD Instruction 3020.50 CH-2 Private Security Contractors (PSCs) operating in contingency operations, humanitarian or peace operations, or other military operations or exercises (U//FOUO)//

Ref/NP/Doc/DOD/08 MAY 18//

AMPN/(U) DoD Manual 5100.76 CH-1 Physical Security of Sensitive Conventional

Arms, Ammunition, and Explosives (AA&E) (U//FOUO)//

Ref/Q/Msg/USCENTCOM/191546Z AUG 19//

AMPN/(U) USCENTCOM OPORD 05-03 MOD 4 (U//FOUO)//

Ref/R/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/S/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/T/Doc/FARMAN-66/29 AUG 15//

AMPN/(U) Presidential Decree Concerning the Authorization of Security

Contracts With Private Security (U//FOUO)//

Ref/U/Msg/USFOR-A/060847Z JAN 17//

AMPN/(U) 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 (U//FOUO)//

Ref/V/Memo/USFOR-A/26 JUN 18//

AMPN/(U) Assignment of Roles and Responsibilities: Deputy Commanding General

– Operations, United States Forces-Afghanistan (DCG-O); Commander, United

States National Support Element-Afghanistan (USNSE-A); and Chief of Staff, United States Forces-Afghanistan (COS) (U//FOUO)//

ORDTYPE/FRAGORD/USFOR-A/J3/MAR//

Timezone/Z//

NARR/(U//FOUO) This United States Forces-Afghanistan (USFOR-A) Fragmentary

Order (FRAGO) 20-091 outlines procedures for requesting ETP regarding the arming and management of armed DoD contractors operating in Afghanistan. This

FRAGO supersedes USFOR-A FRAGO 16-143 MOD 1.//

1. (U//FOUO) Situation.

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

1.A.1. (U//FOUO) CDRUSCENTCOM is responsible for the security of DoD elements and personnel in its area of responsibility (AOR). In furtherance of this responsibility, CDRUSCENTCOM delegated the authority to administer the arming of DoD contract employees in Afghanistan to Commander, USFOR-A in subparagraph 1(a)(6) of Appendix 8 to Annex C of Reference Q.

1.A.2. (U//FOUO) U.S. law, DoD, USCENTCOM and USFOR-A policy states that DoD contract employees will be unarmed; that DoD contract employees may only be armed after being properly screened and upon receipt of an approved ETP based on a demonstrated need for arming authorization in order to complete a specific mission; and that the only two bases for an ETP are armed security and self-defense.

1.A.3. (U//FOUO) References P and V assign roles and responsibilities.

Commander, USFOR-A delegates the authority to arm DoD contract employees to

Deputy Commanding General - Operations, USFOR-A (DCG-O)/Commander, United

States National Support Element-Afghanistan (CDR-USNSE-A) who, in turn, delegates this authority to Deputy Commander, USNSE-A (DCOM-USNSE-A) who also serves as Commander, Bagram Airfield (COMBAF) under NATO authorities. In the event that DCOM-USNSE-A is not a general or flag officer or a Senior

Executive Service (SES) civilian equivalent, then DCG-O/CDR-USNSE-A will act as the arming authority. When the Chief of Staff, USFOR-A/USNSE-A, who is not a general or flag officer, serves as Acting DCOM-USNSE-A, then DCG-O/CDR-

USNSE-A will act as the arming authority.

1.A.4. (U//FOUO) Those DoD contract employees 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: DoD contract employees providing armed security services inside and/or outside U.S./NATO 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 contract employees 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: DoD contract employees 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 U.S./NATO 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 promulgates the process to screen, arm, disarm and manage DoD contract employees in Afghanistan pursuant to

References C through T.

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) End State. 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 and in accordance with References A through T.

3.B. (U//FOUO) Concept of the Operation. Requesting Officials (ROs), Contracting Officers (KOs), Contracting Officer Representatives (CORs) and contractors will ensure DoD contract employees 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) All USFOR-A Units

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

3.C.1.B. (U//FOUO) No later than 40 days prior to the desired DoD contract employee 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, screen, process, and manage all ETP arming requests for DoD contract employees, will review all applications on a case-by-case basis to ensure there is a legal basis for approval, and will use CAAMS in accordance with Attachment 9, and forward prepared arming authorization letters (AALs) and associated documentation to the Command

Group for approval by Commander, USFOR-A or his/her designee.

3.D.1.B. (U//FOUO) ACOD will provide oversight and reporting of armed DoD contract employees in Afghanistan in accordance with Reference Q 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 (SIRs).

3.D.2. (U//FOUO) ARMING AUTHORITY COMMAND GROUP (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 his/her designee.

3.D.2.B. (U//FOUO) No later than 14 days after receipt of prepared AALs and associated documentation, CMD GRP 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 as a semi-automatic 9mm NATO pistol (M9 or equivalent), 5.56mm NATO rifle (M4 or equivalent) and 7.62mm rifle (AK-47 or equivalent). The standard pistol is generally sufficient for self-defense arming. A standard rifle may be requested for armed security and also for self-defense with added justification in the ETP memo and must follow the template in Attachment 3. Requesting the standard AK-47 also requires ensuring ammunition supply and qualification range availability.

3.E.1.B. (U//FOUO) Non-standard weapons are defined as any weapon other than a semi-automatic 9mm NATO pistol (M9 or equivalent), a 5.56mm NATO rifle (M4 or equivalent) and a 7.62mm rifle (AK-47 or equivalent) rifle. All shotguns and crew-served weapons are considered to be non-standard weapons (ex. M-

240/M-249). Non-standard weapons may only be requested under armed security

ETP memos and must follow the format in Attachment 3. 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/her 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/her designee.

3.E.1.E. (U//FOUO) Except as otherwise stated in this FRAGO, a semi-automatic

9mm NATO pistol (M9 or equivalent) is considered to be 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 and responsibilities, DoD contract employees 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 semi-automatic 9mm NATO pistol (M9 or equivalent) and a

5.56mm NATO rifle (M4 or equivalent) (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 contract employees will only be armed during the performance of their duties. The only DoD contract employees authorized to be armed on a U.S. and/or NATO facility are those employees specifically contracted to provide armed security for that facility. All other contract employees will secure their weapons in accordance with DoD policy and local directives upon arrival.

3.E.1.H. (U//FOUO) Weapons will be stored in accordance with DoD policy and local garrison commander directives. These requirements may vary by location and will be separately published. 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.1.I. (U//FOUO) Pursuant to subsection 3.2(a) of reference I, DoD contract employees must satisfactorily complete DoD component-approved training every

12 months, including firearms familiarization (classroom academic), live-fire qualification, and use-of-force training.

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

3.E.2.A. (U//FOUO) The RO will submit all ETP arming requests via a memorandum or letter to DCOM-USNSE-A. Attachment 2 contains an example of an

ETP arming request. The RO will digitally sign all ETP arming requests within

45 days of original submission to ACOD. A senior operational commander (SOC) in Afghanistan must concur with the RO memorandum. The SOC must be an O6 or higher commander in Afghanistan or an O6 or higher Chief of Staff or Director of Staff to a General Headquarters in Afghanistan.

3.E.2.A.1. (U//FOUO) All RO memoranda, and renewal RO memoranda, will certify that the DoD contractor employee(s) for whom the contractor is requesting an

ETP has/have received training on firearms functions, operations, and clearing procedures, as well as training on firearms handling and safety rules, and is/are qualified on the requested weapons(s) specified.

3.E.2.A.2. (U//FOUO) All renewal RO memoranda must list the requested weapon(s).

3.E.2.B. (U//FOUO) Requests that contain a blanket justification to arm a group of DoD contract employees are unacceptable. Justification should be specific to the individual DoD contract employee, situation, and circumstances which require the contract employee to be armed. Requests to arm more than one DoD contract employee performing identical duties (e.g.

armed security) under the same contract may be submitted under the same RO memorandum.

3.E.2.C. (U//FOUO) All ETP requests will follow the approved template in

Attachment 3 and 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, in accordance with Attachment 2, and follow the applicable approved templates in 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 DoD 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 the shooter, identification of type of weapon, hits and misses, date of the qualifying shoot, location of the range, and the legible, full name and signature of the grader/scorer/range master/OIC. The grader/scorer/range master/OIC will not score his/her own weapons qualification scorecard.

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

3.E.2.D.7. (U//FOUO) Background investigation summary in accordance with

Attachment 5.

3.E.2.E. (U//FOUO) Use of the SPOT system is mandatory. Arming of a DoD contract employee will not be authorized unless the employee is enrolled in

SPOT. Each time a new SPOT LOA is generated or required by ACOD, the COR must update the SPOT identification information in the individual contract employee’s profile in CAAMS. Annex C, Appendix 8 of Reference Q provides specific requirements and guidance.

3.E.2.F. (U//FOUO) All DoD 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) In accordance with Reference S, DoD contract employees from any country sharing a common border with Afghanistan will not be armed.

3.E.2.H. (U//FOUO) In accordance with Reference R, DoD 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 his/her 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 will be facilitated by the USFOR-A Senior Command Advisor in accordance with 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). Upon request, armed personnel must present such documents to any ACOD representative, security personnel, auditors, and military or civilian personnel in their chain of command.

3.E.3. (U//FOUO) Contract Extensions/AAL Renewals/Bridge Memoranda.

3.E.3.A. (U//FOUO) AALs are valid for one year from the date of the authorization and only for the contract and DoD contract employees 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 memorandum may be submitted for a DoD contract employee when their current AAL will expire but the employee will continue to perform the same duties and no additional weapons are requested, 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 in subsection 3.E.3.D.

3.E.3.D. (U//FOUO) When requesting a new AAL for a contract change or renewal, DoD contractors should use the renewal RO memorandum template in

Attachment 3. This template allows an expedited renewal process for DoD 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 memorandum (including the DoD contract employee’s original RO memorandum as an attachment) and new SPOT LOA must be submitted for review in CAAMS for each contract employee. With this memorandum, the RO certifies that all information from the previous RO memorandum 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 memorandum will also certify that the company knows of nothing that would preclude the DoD contract employee from being armed under U.S./Host nation laws.

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

3.E.3.D.3. (U//FOUO) The RO certifies that all other required documentation listed in subparagraph 3.E.2.C. of this FRAGO 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, submit updated documentation as early as practical to allow time 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 DoD contract employees between expiration of the existing AAL and approval of the new AAL.

3.E.3.E. (U//FOUO) In the event of a bridge contract that will replace an existing contract, a bridge memorandum may be used to transfer an existing

AAL to the new contract. All bridge memoranda must be signed by the arming authority described in subparagraph 1.A.3. of this FRAGO. ACOD must receive the bridge memorandum package, as detailed in Attachment 10, with sufficient time for review. “Sufficient time” is defined as no less than two weeks prior to the end date of the expiring contract and the start date of the new contract. It is more likely than not that a bridge memorandum package received by ACOD with less than two weeks remaining prior to the end date of the expiring contract may not be signed by the designated arming authority by the date of the contract transfer.

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

3.E.4.A. (U//FOUO) Commander, USFOR-A is responsible for all force protection in the Afghanistan AOR. CDRUSCENTCOM delegated to Commander, USFOR-A, or his/her general or flag officer or SES civilian equivalent designee, the sole authority to arm personnel and to revoke previously granted permission to be armed. As outlined in subsection 1.A.3., DCOM-USNE-A is the delegated authority.

3.E.4.B. (U//FOUO) SIRs are any incident with an armed DoD Contract employee and can include reports alleging misconduct, negligent discharges, medical situations, or any other incident involving armed DoD contract employees that could have a possible impact on the mission. Attachment 7 provides further details. SIRs related to misconduct or negligent discharges are the basis of most revocations. All SIRs will be reported, investigated and documented in accordance with 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 DoD contract employee for safety or as the security and needs of the facility may dictate. This action 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 an ETP denial, or suspension/revocation of a 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) USFOR-A ACOD: NIPR: 318-436-7535, SIPR: 308-449-0333

centcom.al-udeid.centcom-cfh.mbx.acod@mail.mil

5.B.2. (U//FOUO) TF Biometrics: centcom.bagram.usfor-a.mbx.bgrm-tf-bio-bei@mail.mil, bgrmtfbiobei.org@afgn.centcom.isaf.cmil.mil, and centcom.bagram.usfor-a.mbx.tf-bio-bei@mail.smil.mil

5.B.3. (U/FOUO) RS/MOI: rsnuiacc@hq.rs.nato.int

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

5.A.1. (U//FOUO) USFOR-A J3 FRAGO PAGE:

http://usfora.afghan.swa.army.smil.mil/sites/j3site/CUOPS/PublishedFragos/For ms/AllItems.aspx.

5.A.2. (U//FOUO) JCCS Homepage (NIPR):

https://www.jccs.gov/JCCSCOE/LaunchPage.aspx.

(U) Acknowledge:

MATLOCK

MG

Official:

MISELI

J3

10 Attachments:

ATT 1 – Duties of Contractors and Representatives MOD 2

ATT 2 – Exception to Policy Requests MOD 2

ATT 3 – Templates and Examples of Arming Documents MOD 2

ATT 4 – Biometrics MOD 1

ATT 5 – Background Investigations

ATT 6 – Compliance with GIROA Laws and Weapon Permits MOD 1

ATT 7 – Serious Incident Reports and Revocations MOD 1

ATT 8 – Duties of ACOD MOD 1

ATT 9 – CAAMS Familiarization MOD 1

ATT 10 – Bridge Memo MFR

BT

#3029 mailto:centcom.al-udeid.centcom-cfh.mbx.acod@mail.mil mailto:centcom.bagram.usfor-a.mbx.bgrm-tf-bio-bei@mail.mil mailto:centcom.bagram.usfor-a.mbx.bgrm-tf-bio-bei@mail.mil mailto:bgrmtfbiobei.org@afgn.centcom.isaf.cmil.mil mailto:centcom.bagram.usfor-a.mbx.tf-bio-bei@mail.smil.mil mailto:rsnuiacc@hq.rs.nato.int http://usfora.afghan.swa.army.smil.mil/sites/j3site/CUOPS/PublishedFragos/Forms/AllItems.aspx http://usfora.afghan.swa.army.smil.mil/sites/j3site/CUOPS/PublishedFragos/Forms/AllItems.aspx https://www.jccs.gov/JCCSCOE/LaunchPage.aspx

Attachment 1 – Duties of Contractors and Representatives MOD 2

1. (U//FOUO) CHANGE: RO Duties

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) CHANGE: RO will submit an exception to policy (ETP) request for any DoD contractor seeking to be armed in Afghanistan. If RO is not a U.S. O-6/GS-15 or above, then the ETP will be also be signed by a designated Senior Operational Commander who is a U.S. only O-6/GS-15 or above in a commander in Afghanistan position, Chief of Staff or Director of Staff to a General Headquarters 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 will 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): 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, in accordance with Reference Q, 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 E, F, J, R, S, 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.

1.N. (U//FOUO) ADD: ROs will coordinate with KOs, CORS, and ACOD to track and report compliance with the arming requirements including ETP requests, monthly rosters, quarterly census reports, and Serious Incident Reports (SIRs)

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) 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 will 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.

2.G. (U//FOUO) ADD: KOs will coordinate with ROs, CORs, and ACOD to track and report compliance with the arming requirements including ETP requests, monthly rosters, quarterly census reports, and Serious Incident Reports (SIRs)

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 will 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 will 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.

3.I. (U//FOUO) ADD: CORs will coordinate with ROs, KOs, and ACOD to track and report compliance with the arming requirements including ETP requests, monthly rosters, quarterly census reports, and Serious Incident Reports (SIRs)

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 will 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) Change: Contracting agencies will 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 either by checking the “confirm” box in CAAMS or making other report annotations as necessary to ensure proper communication of contract employee status each month with the COR.

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 (AWP) or licenses on their person while in performance of their duties.

5.E.1. (U//FOUO) ADD: It is the responsibility of the Vendor to ensure the AWP is obtained and uploaded within 45 days of receiving an ALL.

Attachment 2 – Exception to Policy Requests MOD 2

1. (U//FOUO) Purpose. Arming requests for DoD contract employees in Afghanistan will 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 in accordance with Reference T, 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 in accordance with 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 DCOM-USNSE-A. The RO letter must include the information listed in Reference Q.

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 in the table as well as in the appropriate paragraph, including the make and model of weapon (e.g., Glock 23/17/19, Beretta M9/92, Colt M4, S&W AR-15, Kalashnikov AK-47).

2.A.2. (U//FOUO) CHANGE: The ETP request (i.e. RO Memorandum) will be initiated based on a contractor request to arm their employee(s) and will use the approved template designated in Attachment 3. 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) 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 (e.g., Glock 23/17/19, Beretta M9/92, Colt M4, S&W AR-15, Kalashnikov AK-47, etc.), 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. The qualifying employee cannot be the grader/scorer/ rangemaster/OIC. Non-standard weapon qualifications will 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 will 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 will 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 E, F, R, and S).

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 will be submitted for each contract, but is not required to be submitted for each individual included on that contract. The contract will be uploaded into CAAMS.

2.C. (U//FOUO) For contract employees performing duties outside of U.S./NATO 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) CHANGE: 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. A non-standard weapon is defined as any weapon other than a semi-automatic 9mm NATO pistol (M9 or equivalent), a 5.56mm NATO rifle (M4 or equivalent), and a 7.62mm rifle (AK-47 or equivalent) rifle. All shotguns and crew-served weapons are considered a non-standard weapon (ex. M-240/M-249). 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) CHANGE: 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. The grader/scorer/range master/OIC will not score his/her own weapons qualification scorecard.

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) CHANGE: Translation and/or explanation of documents. All documents/forms must 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 of Arming Documents

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

2. (U//FOUO) CHANGE: RO Memo Self Defense

3. (U//FOUO) CHANGE: 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) Weapon Scorecards (Attached)

10. (U//FOUO) Background Investigation

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.

[LETTERHEAD]

[DATE: Must be within a Year]

MEMORANDUM FOR Deputy Commander, United States National Support Element- Afghanistan, Bagram, Afghanistan, APO, AE 09354

FROM: [COMPANY or UNIT/OFFICE SYMBOL]

SUBJECT: Biometric Verifications for Armed Contractor

1. References:

a. CHANGE: (U) Appendix 8 to Annex C to USCENTCOM OPORD 05-03, “Arming and Use of Force Policy,” dated 1 December 2017

b. CHANGE: USFOR-A FRAGO 20-091, “Arming Procedures for DoD Contractors,” dated 05 MAR 2020.

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

2. All local national and other country national personnel listed below for contract number [Contract Number] have been fully enrolled and vetted against the Biometric Enabled Watch List.

Last Name

First Name

Passport/Taskera #

BIO GUID

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

[NAME, Rank/Civ Grade, Service] [Duty Title/Position]

UNCLASSIFIED//FOUO

I understand the Law Of Armed Conflict and Rules for the Use of Force presented above. I acknowledge that I have received training on the same and have a duty to immediately report any violations to my first line military supervisor or civilian equivalent.

UNCLASSIFIED//FOUO RUF and LOAC Training – Rev. Aug 2010

RULES FOR THE USE OF FORCE TRAINING

1. CONTRACTORS: Are noncombatants, you may not engage in offensive operations with Coalition Forces. You always retain your ability to exercise self-defense against hostile acts or demonstrated hostile intent.

2. CONTRACTED SECURITY FORCES: Cooperate with Coalition and Afghan

Police/Security Forces and comply with theater…