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  1. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  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) 7

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. JCC-I/A TBC Review Sheet w/ Tracker 17

  18. JCC-I/A TBC Review Sheet w/ Tracker(Cont’d) 18

  19. 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

  20. 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

  21. 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

  22. 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

  23. 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

  24. Questions? 24