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					                        UNCLASSIFIED

                 St Louis Acquisition Insight Day




              SERVICE CONTRACTS WITH
                PERFORMANCE IN THE
                   CENTCOM AOR


                              Presented by: Lucretia Sanchez
                                             USTRANSCOM
                                                22 May 2008


OPR: TCAQ-P             UNCLASSIFIED            (A/O 19 May 08)   1
                          OVERVIEW



   Regulatory Guidance
   Clauses Applicable to CENTCOM AOR
   Synchronized Predeployment Operational Tracker (SPOT)
   Joint Contracting Command-Iraq/Afghanistan (JCC-I/A)
   JCC-I/A Theater Business Clearance Process
   Delegation of Contract Administration
   USTRANSCOM Challenges
   POC Info




                                                            2
        Regulatory Guidance from OSD


• 31 Oct 06 – Memo from Deputy Secretary of
  Defense, Gordon England

• 25 Sep 07 – Memo from Deputy Secretary of
  Defense, Subject: Management of DOD
  Contractors and contractor personnel
  accompanying US Armed forces in Contingency
  Operations Outside the United States




                                                3
  Regulatory Guidance from OUSD(AT&L)/DPAP


• 28 Sep 07 Memo, Subject: Interim Guidance for
  the Implementation of the SPOT Program

• 17 Oct 07 Memo, Subject: Class Deviation –
  Implementation of the SPOT to Account for
  Contractor Personnel Performing in the
  USCENTCOM AOR

• 19 Oct 07 Memo, Subject: Procedures for
  Contracting, Contract Concurrence, and Contract
  Oversight for Iraq and Afghanistan

                                                    4
     Regulatory Guidance from OUSD(AT&L)/DPAP
                       (Cont’d)

• 25 Oct 07 Memo, Subject: Amplifying Guidance
  Regarding Procedures for Contracting, Contract
  Concurrence and Contract Oversight for Iraq and
  Afghanistan

• 5 Nov 07 Memo, Subject: Theater Business
  Clearance (TBC) (subsequently replaced by 26 Nov
  07 Memo)

• 16 Nov 07 Memo, Subject: Iraq/Afghanistan TBC
  (subsequently replaced by 26 Nov 07 Memo)

• 26 Nov 07 Memo, Subject: Iraq/Afghanistan TBC
                                                     5
     Regulatory Guidance from OUSD(AT&L)/DPAP
                       (Cont’d)


• 20 Dec 07 Memo, Subject: Retroactive
  Iraq/Afghanistan Contract Compliance and
  Assignment of Contract Administration

• 28 Jan 08 Memo, Subject: Implementation Guidance
  for the SPOT to Account for Contractor Personnel
  Performing in the USCENTCOM AOR

• 26 Feb 08 Memo, Subject: TBC Review Notification
  Update and Assignment of Contract Administration


                                                     6
     Clauses Applicable to CENTCOM AOR



• DFARS 252.225-7040 – Contractor
  Personnel Authorized to Accompany US
  Armed Forces Deployed Outside the
  United States
• Class Deviation 2007-O0010 –
  Contractor Personnel in the United
  States Central Command Area of
  Responsibility (DEVIATION)

                                         7
  FAR Clause – Worldwide (Not CENTCOM)



• FAR 52.225-19 – Contractor Personnel
  in a Designated Operational Area or
  Supporting a Diplomatic or Consular
  Mission Outside the United States
  (effective 31 Mar 08)




                                         8
             Synchronized Predeployment and
               Operational Tracker (SPOT)


• What is it?

• Where can I find it?
  Access - https://spot.altess.army.mil
  Training Site -https://trainingweb.spot.boozallenet.com
  Help Desk - spot@technisource.com


• When is it to be implemented?


                                                            9
       Time-Phased Implementation of SPOT

• Phase I – Contractor personnel on DOD
  security and translator/linguist service
  contracts performed in I/A – by 1 Nov 07

• Phase II – Contractor personnel on DOD
  security and translator/linguist service
  contracts performed in Kuwait – by 31 Jan 08

• Phase III – All contractor personnel employed
  on DOD-funded Construction external and
  system support contracts performed in I/A and
  Kuwait – by 15 Mar 08
                                                  10
     Time-Phased Implementation of SPOT (Cont’d)

• Phase IV – All remaining contractor personnel
  employed on DOD-funded contracts
  performed in I/A and Kuwait – 1 May 08

• Phase V – All contractor personnel employed
  on DOD-funded contracts performed in the
  CENTCOM AOR – 1 Aug 08

• Phase VI – All contractor personnel employed
  on DOD-funded contracts performed in
  support of contingency operations anywhere in
  the world – 30 Sep 08
                                                   11
         JOINT CONTRACTING COMMAND –
           IRAQ/AFGHANISTAN (JCC-I/A)

• Effective 19 Oct 07, all DOD Contracting
  Officers are to ensure, prior to award of
  contracts, that the Commander, Joint
  Contracting Command – Iraq/Afghanistan (JCC-
  I/A), has approved any statements of work and
  terms and conditions that relate to the delivery
  of supplies and services (including any
  engineering and construction) in or to Iraq and
  Afghanistan

• To be accomplished via a TBC

                                                     12
                  JCC-I/A TBC Process

• TBC Process - Nov 26 2007 DPAP Memo
  Requires Contracting Officers to be familiar with
  the following documents on the CENTCOM
  Website
  (http://www2.centcom.mil/sites/contracts/Pages/
  Default.aspx):
  – CO’s Guide to Special Contract Requirements for
    Iraq-Afghanistan Theater Business Clearance, dated
    25 Nov 07
  – TBC Review Sheet w/ Tracker, v4, 25 Nov 07
  – Submission and File Transfer Instructions, v2, 26
    Nov 07
  – Frequently Asked Questions

                                                         13
  CO’s Guide to Special Contract Requirements for
  Iraq-Afghanistan Theater Business Clearance

• Provides I/A-Specific Clauses

• AI 52.7 – Contract Delivery Requirements
  (Commodity Only)
• AI 52.8 – Mandatory Shipping Requirements
• AI 26.4 - Iraqi Employment, Materials, and
  Subcontract Reporting
• AI 25.3 – Compliance with Laws and
  Regulations
• AI 26.6 – Projected Afghan and TCN
  Employment

                                                    14
                     CO’s Guide
             I/A-Specific Clauses (Cont’d)


• AI 22.1 – Prohibition Against Human
  Trafficking, Inhumane Living Conditions and
  Withholding of Employee Passport
• AI 23.1 – Reporting a Kidnapping
• AI 25.1 – Armed Personnel – Incident Reports
• AI 25.2 – Fitness for Duty and Limits on
  Medical/Dental Care in Iraq/Afghanistan
• AI 25.4 – Quarterly Contractor Census
  Reporting

                                                 15
                      CO’s Guide
              I/A-Specific Clauses (Cont’d)


• AI 26.5 – “Iraqi First” Socioeconomic Program
• AI 52.6 – Arming Requirements and
  Procedures for Private Security
  Contracts, Personal Security Detail Contracts
  and Requests for Personal Protection
• AI 52.12 – Contractor Support of USAID
  Community Stabilization Program for Hiring
  Iraqi Apprentices (Construction Only)



                                                  16
                      JCC-I/A TBC Review Sheet w/ Tracker
                Instructions to Contracting Officers - Fill-in Required Data in BLUE                                                   (PIIN Here)
                                (Agency and Office Here)                                                                           (Project Title Here)
                                               Proje cte d aw ard Date and Es tim ate d alre ady
              Num be r of e m ploye e s proje cte d to de ploy to Iraq/Afghanis tan (or $ Value :
                                                                                         the re ):
                              Num be r of the s e pe rs onne l w ho w ill be arm e d (Se e AI 52.6):
              Nam e and Location of the cus tom e r/re quire m e nt POC in Iraq/Afghanis tan,
                                                             e m ail and te le phone num be r;
              Nam e of FOB official w ho approve d bille ting, dining, MWR, e tc if authorize d
                                                             (Cannot be the s am e as above )
                    Nam e of procuring contracting office r, e m ail and te le phone num be r;
            A/I Mandatory Language                                                                     Updated 25 Nov 07


              Please complete the attached                                                             R - Required; A - Required w hen
              worksheet by double-clicking                                                             Applicable;                                     Em ail to:
                                                                                                                                                       JCCI_PARC-I@pco-iraq.ne t (Iraq)
                                                                                                       Comm - Commodities;                             BGRMPARC-A@s w a.arm y.m il (Afgh)
                                                                                                       Serv - Services;
               Update s at CENTCOM We bs ite : http://w w w .ce ntcom .m il/s ite s /contracts         Cons - Construction                             Include 1) this s he e t, 2) SOW/T&Cs
            F - Full Te xt                                    Fill in             C          S   C
            IBR - In By Re fe re nce                        SOW/RFP Pre s cribe U o          e   o
                                                             Page #      d      C m          r   n
            Title                                            or N/A     In      F m          v   s                      Pre s cription
                                                                                                        Include in all contracts, orders or blanket
            Contract De live ry Re quire m e nts (Iraq)                                                purchase agreement call orders f or
1      F    (25 Nov 07)                                                  AI 52.7    B    R             supplies to be delivered to Iraq.
            Mandatory Shipping Ins tructions                                                           Supplies ordered by USG and that w ill
2      F    (Iraq)(25 Nov 07)                                            AI 52.8    E    R   A   A     enter the GRD Logistics System.
            Iraqi Em ploym e nt, Mate rials , &
3      F    Subcontract Re porting(5 Nov 07)                             AI 26.4    G    A   A   A     Insert w hen AI 26.5 is included.
            Com pliance w ith Law s and                                                                Insert in contracts w ith perf ormance in
4      F    Re gulations (5 Nov 07)                                      AI 25.3  H      A   R   R     Iraq or Af ghanistan
            Contractor Pe rs onne l in U.S. Ce ntral                      DoD                          Required f or all contract >$25,000 w hich
            Com m and Are a of Re s pons ibility                       Me m o dtd                      does not incorporate DFARS 252..225-
5      F    (De viation 2007-O0010)                                     Oct 2007  I      A   A   A     7040.
                                                                                                       DoD Class Deviation 2007-O0004,
                                                                                                       Synchronized Predeployment and
            DFARS 252.225-7040, Contractor                                                             Operational Tracker, issued on March 19,
            Pe rs onne l Authorize d to Accom pany                                                     2007. This deviation is ef f ective until
            U.S. Force s De ploye d Outs ide the Unite d                 DFAR                          incorporated into the DFARS or otherw ise
6    IB R   State s w ith de viation                                   225.7402-4    I       A   A     rescinded.
                                                                                                                                                       Provide supporting documentation f or
            Proje cte d Afghan and Third Country                                                       Insert in solicitations f or contracts to be    decision to not allow Host Nation
7      F    National (TCN) Em ploym e nt(5 Nov 07)                       AI 26.6    K        R   R     perf ormed in Af ghanistan.                     Participation
            Prohibition Agains t Hum an Traffick ing,
            Inhum ane Living Conditions , and                                                          Insert the f ollow ing mandatory language
                                                                                    S
            Withholding of Em ploye e Pas s ports (5                                O                  in all contracts w ith perf ormance in Iraq
8      F    Nov 07)                                                      AI 22.1    W        R   R     or Af ghanistan.
                                                                                    S
                                                                                    O                  Insert in contracts w ith perf ormance in
9      F    Re porting a Kidnapping(5 Nov 07)                            AI 23.1    W    A   R   R     Iraq.
                                                                                                       Insert in all solicitations and contracts
                                                                                    S
            Arm e d Pe rs onne l – Incide nt Re ports (5                            O                  w hen arming of contractors is
10     F    Nov 07)                                                      AI 25.1    W        A   A     contemplated in Iraq.
            Fitne s s for Duty and Lim its on Me dical /
                                                                                    S
            De ntal Care in Iraq/Afghanis tan(5 Nov                                 O                  Insert in all contracts w ith perf ormance in
11     F    07)                                                          AI 25.2    W    A   R   R     Iraq or Af ghanistan
                                                                                    S
            Quarte rly Contractor Ce ns us                                          O                  Insert in all contracts w ith perf ormance in
12     F    Re porting.(12 Nov 07)                                       AI 25.4    W        R   R     Iraq or Af ghanistan
                                                                                                       Insert in all solicitations and contracts
                                                                                                       except w hen host nation participation is       Provide supporting documentation f or
                                                                                    S
            "Iraqi Firs t" Socioe conom ic Program (5                               O                  not in the best interests of the                decision to not allow Host Nation
13     F    Nov 07)                                                      AI 26.5    W    A   R   R     government.                                     Participation
            Arm ing Re quire m e nts and Proce dure s
            for Private Se curity Contracts , Pe rs onal                                               Insert in all solicitations and contracts
                                                                                    S
            Se curity De tail Contracts and Re que s ts                             O                  w hen arming of contractors is
14     F    for Pe rs onal Prote ction (5 Nov 07)                        AI 52.6    W    A   A   A     contemplated in Iraq or Af ghanistan.
            Contractor Support of USAID
                                                                                    S
            Com m unity Stabilization Program for                                   O                  Insert in construction contracts in Iraq
15     F    Hiring Iraqi Appre ntice s (5 Nov 07)
            Othe r Cons ide rations As Re quire d, us e
            this s pace
                                                                         AI 52.12   W            A     w hen 26.5 is also included
                                                                                                                                                                                               17
                                              JCC-I/A TBC Review Sheet w/ Tracker(Cont’d)

  TBC     TBC                                                                                                                                                                                                                                           HN        US       TCN       HN        US       TCN       Total   Total   Total
Approval Request   Contract   Contract Office                     Award    Award Task     KO          KO Requirement Requirement Major Unit                 POP                            Vendor            Scheduled POP                          Employees Employees Employees Employees Employees Employees Unarmed Armed Employee
  Date    Date      Type      Agency Name DODAAC         PIIN    Amount     Date Order # Name        Phone POC in I/A POC Phone Supported     Description Province POP City Vendor Name   Province   Is HN? Delivery Date Start   POP End   POP     (unarmed) (unarmed) (unarmed) (armed) (armed) (armed) Employees Employees       s       Comments
                                                                                                                                                                                                                                                  0                                                                     0       0       0

                                                                                                                                                                                                                                                  0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
                                                         Fill in the blue cells.                                                                                                                                                                  0                                                                  0         0        0
                    For Pre-award, please fill in all known information. Leave the TBC Approval Date (Col A)                                                                                                                                      0                                                                  0         0        0
                                                             blank, please.                                                                                                                                                                       0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
                   For POP End date (Period of Performance) include all available option periods, then in the
                                                                                                                                                                                                                                                  0                                                                  0         0        0
                                comments block state how may options periods are included.                                                                                                                                                        0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
                       For Post Award, update this sheet by filling in/updating all columns then resubmit.                                                                                                                                        0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
                   JCC-I/A copies this information into our database to track requests, approvals and to use                                                                                                                                      0                                                                  0         0        0
                    as a catalog of in-theater contract actions. Your attention to sending in the post-award                                                                                                                                      0                                                                  0         0        0
                    spreadsheet is appreciated. We suggest putting a reminder in your Outlook calendar.                                                                                                                                           0                                                                  0         0        0
                                You can save the spreadsheet right in the outlook appointment                                                                                                                                                     0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
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                                                                                                                                                                                                                                                  0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
                                                                                                                                                                                                                                                  0                                                                  0         0        0
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                                                                                                                                                                                                                                                  0                                                                  0         0        0
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                                                                                                                                                                                                                                                                                                                                                       18
   Submission and File Transfer Instructions


• Important instructions for Subject line
   • Will look something like:
    USTRANSCOM CRAF HTC711-XX-X-XXXX Sanchez 6 Jun 08 TBC
    AFMC USAF DoDAAC-XX-X-XXXX Baker 24 May 08 Award Notice

• For Iraq requirements, e-mail to: JCCI_PARC-I@pco-iraq.net

• For Afghanistan requirements, e-mail to: BGRMPARC-
  A@swa.army.mil.

• If the proposed contract will contain requirements for both
  countries, send the form to both addresses and the JCC-I/A
  will accomplish in-country coordination and provide a single
  response



                                                                 19
                             FAQ’s

• Why is Theater Business Clearance (TBC) necessary?

• Why do all deliveries in Iraq need TBC?

• When is an Agency required to submit a contract to JCC-I/A
  for review?

• What contract documents do we need to submit?

• Is Theater Business Clearance required for urgent tasks?

• What should the LOA say for medical care?




                                                               20
       Delegation of Contract Administration

• DOD Contracting Activities are to delegate
  contract administration to JCC-I/A of that
  portion of the contract that relates to
  performance in Iraq and Afghanistan

  – 31 Oct 06 OSD Memo
  – 19 Oct 07 DPAP Memo
  – 25 Oct 07 DPAP Memo
  – 20 Dec 07 DPAP Memo
  – 26 Feb 08 DPAP Memo

                                               21
              USTRANSCOM Challenges

• Distinction between DFARS 252.225-7040, Class
  Deviation 2007-O0010 and JCC-I/A Clauses
• When to use 7040 vs. Deviation O0010?
• Requirement for CRC Training
• Requirement for Retroactive Contract Compliance
• Some JCC-I/A Clauses were general and over-arching
• Many USTRANSCOM Transportation contracts
  require in/out of country in a few days
• Arming
• Administration
• SPOT



                                                       22
                           POC’s and Websites

• DPAP
    – POC LTC Jeffrey Grover, OSD-DPAP
      e-mail: jeffrey.grover@osd.mil
      Phone: 703-695-9764
    – DPAP Website
http://www.acq.osd.mil/dpap/pacc/cc/special_instructions_for_contracting.html

• USCENTCOM
    – POC Capt. Steve Howard, USCENTCOM-J4C
     e-mail: howardsl@centcom.mil
     Phone: 813-827-6420
    – USCENTCOM Website
     http://www2.centcom.mil/sites/contracts/Pages/Default.aspx

• JCC-I/A
    – POC LtCol Michael Debreczeni
    – JCC-I/A E-Mail
    JCCI_PARC-I@pco-iraq.net

                                                                                23
Questions?




             24