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									                     UNCLASSIFIED

              St Louis Acquisition Insight Day

          SERVICE CONTRACTS WITH
        PERFORMANCE IN THE CENTCOM
                    AOR




                                 Presented by: Bill Lindquist
                   CO Panel: Krissy Hackstadt and Greg Hunt
                                            USTRANSCOM
                                               20 May 2009


OPR: TCAQ-P          UNCLASSIFIED               (A/O 20 May 09)   1
                          OVERVIEW


   Regulatory Guidance (Brief History)
   Clauses Applicable to CENTCOM AOR
   JCC-I/A Theater Business Clearance (TBC) Process
   Synchronized Predeployment Operational Tracker (SPOT)
   Sequence of Events: Getting a Contract Thru JCC-I/A
   Panel Discussion (Q & A)
   POC




                                                            2
           Regulatory Guidance

 31 Oct 06 – Memo from Deputy Secretary of
  Defense, Gordon England
   - The Beginning
   - Dept of Army, Executive Agent for all
     Contracting, OIF/OEF
   - Delegated HCA Authority to JCC-I/A
   - JCC-I/A shall perform contract admin with
     authority to re-delegate as necessary

 28 Sep 07 Memo, Subject: Interim Guidance for
  the Implementation of the SPOT Program
   - Introduces SPOT Database as the central
     repository                                   3
            Regulatory Guidance (Cont’d)

 17 Oct 07 Memo, Subject: Class Deviation –
  Implementation of the SPOT to Account for
  Contractor Personnel Performing in the
  USCENTCOM AOR
    - Class Deviation provides a new clause not
      already covered by DFARS 252.225-7040

 19 Oct 07 Memo, Subject: Procedure for
  Contracting, Contract Concurrence, and
  Contract Oversight for Iraq and Afghanistan
   - JCC-I/A approves all PWS and terms &
     conditions and delegates all administration to
     JCC-I/A
                                                      4
               Regulatory Guidance (Cont’d)

 26 Nov 07 Memo, Subject: Iraq/Afghanistan TBC
      - CO Guide to Special Contract Requirements
      - TBC Review Sheet with Tracker
      - Submission & File Transfer Instructions
      - FAQ, JCC-I/A provides answers to issues
 20 Dec 07 Memo, Subject: Retroactive
  Iraq/Afghanistan Contract Compliance and
  Assignment of Contract Administration
      - Review existing contracts to ensure compliance
        NLT 1 Apr 08 and report to JCC-I/A. Modify
        contracts if not compliant
      - IA Clauses & Submit for TBC

                                                         5
               Regulatory Guidance (Cont’d)

 28 Jan 08 Memo, Subject: Implementation
  Guidance for the SPOT to Account for Contractor
  Personnel Performing in the USCENTCOM AOR
      - Further guidance on SPOT/ 6 Phases

 CENTCOM FRAGO 09-1451 (Aug 08):
     - Digitally signed LOA’s thru SPOT shall be the
       only accepted way of submission
     - Contractors arriving at one of the reception
       centers without the appropriate LOA will not
       move forward through the AOR


                                                       6
      Required I/A Clauses for Service Contracts

 Medical Screening & Vaccination Requirements for Locally Hired
  Employees
 Compliance with Laws and Regulations (CC more authority)
 Class Deviation 2007-O0010
 DFARS 252.225-7040
 Prohibition Against Human Trafficking, Inhumane Living
  Conditions, and Withholding of Employee Passports
 Reporting a Kidnapping, Serious Injury, and Deaths
 Armed Personnel Incident Reports (self-deleting)
 Fitness for Duty and Limits on Medial / Dental Care in Iraq &
  Afghanistan
 Monthly Contractor Census Reporting
 Arming Requirements & Procedures for Private Security
  Contracts. Personal Security Detail Contracts & Requests for
  Personal Protection in Iraq & Afghanistan (self-deleting)
 Contractor Employee Legal Requirements (just released)

                                                                   7
      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)



                                              8
   Distinction Between 7040 & Class Deviation


Deviation 2007-O0010         DFARS 252.225-7040

• Not accompanying U.S       • Authorized to accompany
  Armed Forces                 U.S. Armed Forces
• Contract exceeds $25K      • Contractors must process
• Not covered under            through CRC
  DFARS 252.225-7040         • Required input in SPOT
• Requires input into SPOT
  if period of performance
  exceeds 30 days or an
  LOA is required
  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)




                                               10
   JCC-I/A Theater Business Clearance (TBC) Process

 Why is TBC Necessary?
   TBC enables in-theater visibility of contract
    personnel and materials arriving in theater through
    commercial transportation
   Contracts were awarded without incorporating and or
    complying with in-theater operational orders, policy
    and contract clauses
   Contracting officers were authorizing routine medical
    care without proper coordination leading to over
    tasked military treatment facilities
   AOR is unable to confirm whether armed personnel
    had the proper training, licenses, and authorizations
   Some in-theater locations are unable to provide life
    support- such as billeting, dining, MWR, laundry, etc
    arriving every day with these services authorized
                                                            11
              JCC-I/A TBC Process (Cont’d)

 What contract documents do we need to
  submit?
   Any documents that have incorporated JCC-I/A
    mandatory language, such as the solicitation and
    SOW/PWS. Include a detailed explanation of the in-
    theater contract administration approach.
 When is an agency required to submit
  documentation to JCC-I/A for review?
   Prior to issuing a Request For Proposal (Pre-
    solicitation stage) and upon contract award.
 Request from JCC-I/A re-delegation of
  contract administration

                                                         12
                 JCC-I/A TBC Guidance

 CENTCOM Website:
  http://www2.centcom.mil/sites/contracts/Pages/
  Default.aspx

   Iraq – Afghanistan TBC Guide, 10 Mar 09
   CO’s Guide to Special Contract Requirements for
    Iraq-Afghanistan Theater Business Clearance,10 Mar
    09
   TBC Review Sheet w/ Tracker, 10 Mar 09
   Submission and File Transfer Instructions, v2, 26
    Nov 07
   Frequently Asked Questions, 10 Mar 09


                                                         13
             JCC-I/A TBC Review Sheet w/ Tracker

                                                                         Theater Business Clearance (TBC) Request                                                                                                                                    as of 10 MARCH 2009 (complete all BLUE areas)
                                                                                  (Agency and Office Here)                                                                                                                                                                         (Project Title Here)
             1) Complete Contract Number, 2) Projected award date, and 3) Estimated $ value INCLUDE ALL


             Number of employees projected to deploy to Iraq/Afghanistan (or already there): If HN, use "0" and note "HN" and fill in the worksheet appropriately

             Number of these personnel who are armed including subcontractors (See AI 25.1103-101):

             1) Name of POC in Iraq/Afghanistan, 2) Location in I/A, and 3) Phone number

             Name of FOB official who approved billeting, dining, etc if authorized (can't be same as above)


             Considering the JCC-I/A Commander is accountable for AOR contract administration, decribe the proposed AOR contract administration and by whom (i.e. DCMA I/A or COR)? JCC-I/A will
             either re-delegate to PCO or delegate to DCMA I/A according to risk based analysis                                                                                                                                                                                              Insert narrative

             Identify specific contract administartion tasks:                                                                                                                                                                                                      e.g. property mgmt, COR training, inspection & acceptance, etc

             1) Name of state side contracting officer, 2) E-mail, and 3) Phone number


Complete     FAR 52.228-3 Defense Base Act applies to services and construction contracts in AOR. Prior to entering AOR, a contractor must demonstrate coverage based on a percentage of labor cost
                                                                                                                                                                                                                                                                        Contracting officer responsible for DBA compliance is:

             estimate. The contracting officer shall not provide notice to proceed without it. The contracting officer shall also acknowledge compliance.


    the                                                                       Theater Business Clearance Tracker
             Updates at CENTCOM Website: http://www2.centcom.mil/sites/contracts/Pages /Default.as px
                                                                                                                                                                                                          A - Required when applicable
                                                                                                                                                                                                          IBR - In By Reference
                                                                                                                                                                                                                                                                  F - Full text
                                                                                                                                                                                                                                                                  R - Required
                                                                                                                                                                                                                                                                                                          Email to:
                                                                                                                                                                                                                                                                                                          JCCI_PARC-I@pco-iraq.net (Iraq)
                                                                                                                                                                                                          S - SOW


embedded
                                                                                                                                                                                                                                                                                                          BGRMPARC-A@swa.army.mil (Afgh)
                                                                                                                                                                                                          Comm - Commodities
                                                                                                                                                                                                          Serv - Services                                                                                 Include:                                       1) This sheet
                                                                                                                                                                                                                                                                                                          2) SOW, Terms & Conditions
                                                                                                                                                                                                          Cons - Construction




 Tracker                                                                                                                                                   Acquisition Instruction Mandatory Language
                                                                                                                                                                                      C       S       C


by double-                                                                   Title
                                                                                                                                  Fill in
                                                                                                                              SOW/RFP Page #
                                                                                                                                 or N/A
                                                                                                                                                          Pr escr ibed
                                                                                                                                                               In           UCF
                                                                                                                                                                                      o
                                                                                                                                                                                      m
                                                                                                                                                                                      m
                                                                                                                                                                                              e
                                                                                                                                                                                              r
                                                                                                                                                                                              v
                                                                                                                                                                                                      o
                                                                                                                                                                                                      n
                                                                                                                                                                                                      s
                                                                                                                                                                                                                                                                                              Pr escr iption




 clicking
                   1     F      Contract Delivery Requirements              (MAR 09)                                                                    AI 25.1103-106      B     R                       Include in all contracts, orders or blanket purchase agreement call orders for supplies to be delivered to Iraq or Afghanistan.



                   2     F      Mandatory Shipping Instructions (Iraq)               (MAR 09)                                                           AI 25.1103-107      E     R       A       A       Insert in any non-DTS delivery into Iraq. Supplies ordered by USG and that will enter the GRD Logistics or MNF-I Commercial Distribution System (s)


                   3     F      Weapon Special Shipping Instruction (MAR 09)                                                                            AI 25.1103-108            R       A       A       Insert in all weapons delivery contract. All weapons shipped into Iraq and/or Afghanistan must have complete serial number i dentification



                   4     F      Medical Screening and Vaccination Requirements for Locally Hired Employees (MAR 09)                                     AI 25.1103-109      G     A       R       R       Insert in all solicitations and contracts for service or construction in Iraq or Afghanistan.


                   5     F      Compliance with Laws and Regulations                  (MAR 09)                                                          AI 25.1103-104      H     A       R       R       Insert in all solicitations and contracts for service or construction in Iraq or Afghanistan.


                                Contractor Personnel in U.S. Central Command Area of Responsibility
                   6     F      (Deviation 2007-O0010)                                                                                              DoD Memo dtd Oct 2007    I    A       A       A       Required for all contract >$25,000 which does not incorporate DFARS 252.225-7040. This deviation provides accounting for Local National contractors


                                DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Forces                                                DFAR
                   7    IBR     Deployed Outside the U.S.                                                                                                  225.7402-4        I            A       A       Ensure this is the   January 2009 clause

                                Prohibition Against Human Trafficking, Inhumane Living Conditions, and Withholding of
                   8     F      Employee Passports (MAR 09)                                                                                             AI 22.1705-100      S             R       R       Insert in all solicitations and contracts for service or construction with performance in Iraq or Afghanistan.


                   9     F      Reporting a Kidnapping, Serious Injury, and Deaths (MAR 09)                                                             AI 23.1000-100      S     A       R       R       Insert in all solicitations and contracts for service or construction with performance in Iraq or Afghanistan.

                                                                                                                                                                                                          Insert in all solicitations and contracts for service or construction with performance in Iraq or Afghanistan. It self-deletes in the event that the contractor never arms or
                 10      F      Armed Personnel – Incident Reports                   (MAR 09)                                                           AI 25.1103-102      S             R       R       never hires subcontracted armed contractors.


                 11      F      Fitness for Duty and Limits on Medical / Dental Care in Iraq/Afghanistan (MAR 09)                                       AI 25.1103-103      S     A       R       R       Insert in all solicitations and contracts for service or construction with performance in Iraq or Afghanistan.


                 12      F      Monthly Contractor Census Reporting            (MAR 09)                                                                 AI 25.1103-105      S             R       R       Insert in all solicitations and contracts for service or construction with performance in Iraq or Afghanistan.




                                Arming Requirements and Procedures for Private Security Contracts, Personal Security                                                                                      Insert in all solicitations and contracts for service or construction with performance in Iraq or Afghanistan. It self-deletes in the event that the contractor never arms or
                 13      F      Detail Contracts and Requests for Personal Protection in Iraq and Afghanistan (MAR 09)                                  AI 25.1103-101      S     A       R       R       never hires subcontracted armed contractors.


                 14      F      Electrical and Structural Building Standards for Construction Projects                                                   AI 36.521-100      S             R       R       Insert in all construction or construction related contracts; including minor construction, renovation, alteration, and refurbishment; in Iraq or Afghanistan


                                CONTRACTOR EMPLOYEE LEGAL REQUIREMENTS
                 15      F      (MAR 2009)                                                                                                              AI 25.1103-110      S             R       R       Insert in all solicitations and contracts for service or construction with performance in Iraq or Afghanistan.




                                                                                                                                                                                                                                                                                                                                                                                          14
                                             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
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                                                                                                                                                                                                                                                  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
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                                                                                                                                                                                                                                                  0                                                                  0         0        0




                                                                                                                                                                                                                                                                                                                                                       15
            Synchronized Predeployment and
              Operational Tracker (SPOT)




 SPOT has been designated as the Joint
  Enterprise contractor management and
  accountability system to provide a central
  source of contingency contractor information.
  Contractor companies are required to maintain
  by name accountability within SPOT while
  government representatives use SPOT for
  oversight of the contractors they deploy.
                                                  16
          Synchronized Predeployment and
           Operational Tracker (Cont’d)

 Implementation of SPOT had 6 phases over a
  period from 1 Nov 97 thru 30 Sep 08

 Access to SPOT: https://spot.altess.army.mil

 SPOT training workbook, V6.1, April 2008
  available on the JCC-I/A website

 Establish credentials to access SPOT


                                                 17
             Synchronized Predeployment and
               Operational Tracker (Cont’d)


 One of four credentials can be established:
  - Army Knowledge On-line (AKO) accounts
  - DoD Common Access Card (CAC)
  - DoD-validated software certificate (soft cert)
  - Username and password

 Credential Guidance: Business Transformation
  Agency: http://www.bta.mil/products/spot.html


                                                     18
    Sequence of Events: Getting a Contract Thru
                     JCC-I/A

 A new CENTCOM requirement hits your desk

 RFP shall incorporate the appropriate I/A specific
  clauses

 Before RFP is released request TBC & contract re-
  delegation with JCC-I/A via the Tracker (JCC-I/A
  spreadsheet)

 Typically within 4 business days you will get a
  response or clearance from JCC-I/A

 At contract award notify JCC-I/A and input contract
  info into the Tracker (JCC-I/A spreadsheet)
                                                        19
    Sequence of Events: Getting a Contract Thru
                 JCC-I/A (Cont’d)

 If a contractor will accompany the U.S. forces or be in
  the AOR 30+ days or an LOA requirement than the
  CO will register the contract in SPOT

 The Contractor will follow-up by populating SPOT with
  individual employee information & required LOA
  requests

 Contractors that will accompany U.S. Armed Forces
  will process thru a CRC before arrival into the AOR

 Any changes to your contract requirement after award
  that may impact your initial TBC will require JCC-I/A
  review and possible modified clearance

                                                            20
                           POC’s and Websites

 DPAP
    – POC LTC Jeffrey Grover, OSD-DPAP
      e-mail: jeffrey.grover@osd.mil
      Phone: 703-699-3728
    – 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
    – JCC-I/A E-Mail
    JCCI_PARC-I@pco-iraq.net


                                                                                21
         Contracting Officer Panel

Ms. Krissy Hackstadt, Afghanistan Helo &
  Fixed Wing Contract
Mr. Greg Hunt, WWX & CAT A Contracts
Questions?




             23

								
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