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St Louis Acquisition Insight Day UNCLASSIFIED SERVICE CONTRACTS WITH PERFORMANCE IN THE CENTCOM AOR Presented by: Lucretia Sanchez USTRANSCOM 22 May 2008 1 (A/O 19 May 08) OPR: TCAQ-P UNCLASSIFIED OVERVIEW Regulatory Guidance Clauses Applicable to CENTCOM AOR

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st louis acquisition insight day
St Louis Acquisition Insight Day

UNCLASSIFIED

SERVICE CONTRACTS WITH PERFORMANCE IN THE

CENTCOM AOR

Presented by: Lucretia Sanchez

USTRANSCOM

22 May 2008

1

(A/O 19 May 08)

OPR: TCAQ-P

UNCLASSIFIED

overview
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
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
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
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 d6
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
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 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
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
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
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
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
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
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
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 d16
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

submission and file transfer instructions
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
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
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
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
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