1. Operational Contract Support (OCS) Introduction Contractors Authorized to Accompany the Force

2. Learn. Perform. Succeed. 5 - 2 Lesson Objectives Terminal Learning Objective Discuss Rules and Laws that Apply to Contractors Authorized to Accompanying the Force (CAAF) Enabling learning Objectives Examine implications of CAAF in a deployed environment Identify resources and processes used for contractor personnel accountability and visibility

3. Learn. Perform. Succeed. 5 - 3 Additional CAAF and OCS Topics Compare and contrast the three types of support contracts List US Armed Forces responsibilities in the sustainment of contractors supporting operations Recognize the legal status of contractors accompanying the force Recognize US and other laws governing the conduct of contractors Discuss protection of contractors

4. Learn. Perform. Succeed. 5 - 4 Background The US Military has always used contractors on the battlefield as far back as the Revolutionary War The reliance on contractor support has evolved past the basic logistical supply activities to include some of our most technical and mission critical wartime tasks Desert Storm Balkans Enduring & Iraqi Freedom Freedom’s Sentinel The Revolution World War I & World War II Korea Vietnam

5. Learn. Perform. Succeed. 5 - 5 Contractors on the Battlefield Source: Office of the Assistant Secretary of the Army for Acquisition, Logistics and Technology ASA (ALT). Operational Contract Support (OCS) briefing 2011.

6. Learn. Perform. Succeed. 5 - 6 OCS Doctrine - Overview Purpose : to achieve a properly planned, integrated and executed contracted and combat support capability which provides: -JFC visibility and control of common contracting functions and contract support within the JOA -Minimized competition for scarce commercial resources within the JOA -Increased ability for the JTF to enforce priorities of support Each supporting function has associated tasks, objectives, planning and execution requirements

7. Learn. Perform. Succeed. 5 - 7 Types of Support Contracts Theater Support Contracts System Support Contracts External Support Contracts Support deployed operational forces under prearranged contracts or contracts awarded from the mission area. Provide goods, services, and minor construction, usually through local vendors, to meet the immediate needs of deployed operational commanders and units. Support deployed operational forces under pre-arranged contracts awarded by Program Executive Officers, Program Managers, or Service Component Materiel Commands. Provide specific support to specific systems throughout their life cycle, during both peacetime and contingency operations. Provide support to deployed operational forces separate and distinct from either theater support or support provided by system contractors. Perform according to pre-arranged contracts or contracts awarded during the contingency itself.

8. Learn. Perform. Succeed. 5 - 8 Types of Contractor Personnel Contractors Authorized to Accompany the Force (CAAF) Authorized through their contract to accompany the force Have protected legal status per international conventions Normally means US citizens –Could be third country national (TCN) employees Not normal residents of the AO However, LNs may be afforded CAAF status on an as needed basis (Translators / Interpreters) Non - CAAF Do not accompany the force, e.g. they do not live on base or receive life support from the military Employees of commercial entities in the AO; include LN day laborers, delivery personnel, supply contract workers, etc. Have no special legal status per international conventions or agreements Legally considered non-combatants rather than civilians authorized to accompany the force

9. Learn. Perform. Succeed. 5 - 9 Theater Business Clearance PURPOSEGOALS Conduct Government Furnished Life Support ( GFLS ) Validation Determine Contract Administration Delegation ( CAD ) availability –COCOMs determine thresholds, routing and approval procedures. –TBC module added to Joint Contingency Contracting System Create a common operating picture of contracted support in theater Ensure solicitations/contracts contain appropriate “local” provisions and clauses Assure contractor personnel life support requirements addressed and coordinated prior to their arrival Ensure coordination of contract administration support “in theater” prior to contract award

10. Learn. Perform. Succeed. 5 - 10 Sustaining Contractors Examples of Authorized Government Services or Government Furnished Life Support (AGFLS) *not always provided free of charge* Facilities Medical Mortuary Affairs Mail Factors to Consider: What level of support is feasible? JFC and service component responsibilities to support contractor personnel and their equipment How support is to be provided/integrated Funding/cost recuperation issues BX/PX Access MWR Individual Protective Equipment Government Furnished Equipment

11. Learn. Perform. Succeed. 5 - 11 Accountability and Visibility Contractor Personnel Accountability The process of identifying, capturing, and recording the personally identifiable information and assigned location of an individual contractor employee through the use of a designated database DoD and State Department utilize the Synchronized Pre-deployment Operational Tracker ( SPOT ) Contractor Personnel Visibility Provides users with information on the location, movement, status, and identity of contractor personnel. Facilitates the capability to act upon that information to improve overall performance of contracted support to the mission.

12. Learn. Perform. Succeed. 5 - 12 DODI 3020.41 Operational Contract Support –Requires contractor visibility and accountability be maintained through SPOT or its successor: DODI 3020.50 Private Security Contractors (PSCs) Operating in Contingency Operations –Requires geographic Combatant Commanders publish guidance that contains procedures for the registration and identification in SPOT or its successor of armored vehicles, helicopters, and other vehicles operated by private security personnel. DFARS 252.225-7040 –Requires contractor to maintain data in accordance with SPOT Business Rules SPOT Business Rules and Compliance Checklists are available at: https://spot.dmdc.mil/default.aspx (Note: requires login access). –A SPOT generated LOA shall be issued by the contracting officer or designee to all contractor personnel DoD Requirements It is KO’s responsibility to monitor contractor compliance with SPOT accuracy

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14. Learn. Perform. Succeed. 5 - 14 What is SPOT-ES? Synchronized Predeployment and Operational Tracker (SPOT) Authoritative System of Record Personnel accountability database Automatically generates Letter of Authorization (LOA) Total Operational Picture Support System (TOPSS) Business Intelligence analysis and reporting Integrates with other systems Accepts manual files and converts to full web- services Geospatial map capability Joint Asset Management Movement System (JAMMS) Personnel tracking Via automated scan Reads Common Access Card (CAC), LOA, Biometric credentials Uploaded daily to SPOT

15. Learn. Perform. Succeed. 5 - 15 SPOT Attributes Generates digitally-signed Letters of Authorization ( LOA ) with unique SPOT barcode compatible with DoD scanning technologies Leverages existing DoD system to implement credentialed bar-coding scanning Obtains data from other authoritative data sources Provides SPOT data to customers based on their requirements Identifies a specific contingency contractor to a particular defense contract Works w/DoD & Dept of State (DoS) to provide means to uniquely identify Foreign Nationals

16. Learn. Perform. Succeed. 5 - 16 Letter of Authorization (LOA) Spot-generated Letter of Authorization must be issued by a US Government Contracting Officer or designee. LOAs are similar to government travel orders. LOA must accompany contractors at all times. LOAs include in-theater authorized government services: –billeting, DFAC, PX, etc. Required for all CAAF and selected non- CAAF supporting DoD operations (i.e. contingency, humanitarian assistance, and other peace operations) by policy SPOT generated LOAs are required for all CAAF in current operations and will be required for all CAAF in future contingency operations

17. Learn. Perform. Succeed. 5 - 17 Company Administrator Government Authority Authorize Deployment/ LOA Review Deployment/ LOA SPOT-generated email Enter Authorized Government Services (AGS) Review Deployment/ LOA Enter Company Billing Address Approve and Digitally Sign LOA SPOT-generated email Contracting Officer SPOT-generated email Select Supporting Organization Initiate Request for LOA for Deploying Persons Select Government Authority from pre- populated list based on selected supporting organization Select Contract and/or Task Order which determines the Contracting Officer LOA Request and Approval Process

18. Learn. Perform. Succeed. 5 - 18 Significant instances of contractors not maintaining data IAW SPOT Business Rules timelines Lack of compliance prevents CCDR’s from having accurate situational awareness of contracts and visibility and accountability of contractor personnel in the AOR To easily gain visibility of discrepant records SPOT, via TOPSS, provides KOs and CORs with five auditing compliance reports: To obtain a TOPSS account, follow instructions at: http://www.acq.osd.mil/log/PS/SPOT/TOPSS_PKI_Certification_Registration_1.11QRG_1_4pg.pdf. http://www.acq.osd.mil/log/PS/SPOT/TOPSS_PKI_Certification_Registration_1.11QRG_1_4pg.pdf TOPSS training is a 2-hour block of on-line instruction, schedule can be found at: http://www.acq.osd.mil/log/PS/SPOT/TOPSS_PKI_Certificate_Registration_1.11QRG_1_4pg.pdfhttp://www.acq.osd.mil/log/PS/SPOT/TOPSS_PKI_Certificate_Registration_1.11QRG_1_4pg.pdf. SPOT Auditing Capability

19. Learn. Perform. Succeed. 5 - 19 JAMMS JAMMS - Joint Asset Movement Management System

20. Learn. Perform. Succeed. 5 - 20 JAMMS captures movement and location information about military, civil servants, and contractors through data collection points established overseas JAMMS Attributes JAMMS data collection points can be established at: Ports of Debarkation (APODs/SPODs) Central Issue Facilities (CIFs) Reception, Staging and Onward Movement and Integration (RSOI) functions Dining Facilities (DFACs) Billeting facilities Morale, Welfare, and Recreation (MWR) locations Department of State facilities

21. Learn. Perform. Succeed. 5 - 21 Contractor Deployment Training Contractor personnel and equipment deployment must be integrated into the Combatant Commander’s deployment priority system Prior to deployment, certain requirements must be satisfied in order for contractor personnel and equipment to be properly prepared for the deployment process Deploying contractor personnel departing from CONUS or OCONUS may require Theater / AO specific training –Training requirements must be identified and specified on the CCDR’s website –Requirements must be stipulated in the contract Specific training at the CRC/IDS may cover such areas as: Geneva Conventions Code of Conduct Health and Sanitation Legal Assistance Customs and Courtesies Status of Forces (SOFA) or Visiting Forces Agreements Security Weapons OPSEC

22. Learn. Perform. Succeed. 5 - 22 Contractor Deployment Process CONUS Replacement Center With Unit Contractor Performed For contractors w/o habitual relationship to supported unit Combination contract company for non-military specific tasks and CONUS Replacement Center (CRC) for military specific tasks Commonly used, but least preferred method For contractors w/habitual relationship to supported unit Final certification by supported unit Combination contract company for non-military specific tasks and unit for military specific tasks Commonly used for systems support contractor personnel For contractors w/large footprint (e.g. LOGCAP performance contractors) All tasks accomplished by contractor Must be authorized and included in the contract or task order Contractor employees processing through CONUS must bring readiness files Contractors deploying for 30-days or more must follow the process each time Organizational Clothing and Individual Equipment (OCIE) are issued according to theater deployment and contract requirements

23. Learn. Perform. Succeed. 5 - 23 Contractor Personnel - Control The contract is the principal legal basis for the relationship between DoD and the contractor Supervision of contractor employees is performed by contractor management Contractors are obligated to perform IAW contract requirements and Terms and Conditions Contracting Officers are the only person authorized to change the Terms and Conditions of the contract –Contracting Officer’s Representative (COR) acting within the limits of the authority delegated by the Contracting Officer, may provide guidance to the contractor regarding performance Who is in control of contractors deployed to a Theater or Area of Operations? –Contractor’s Management Staff –Contracting Officer

24. Learn. Perform. Succeed. 5 - 24 Contractor Personnel - Conduct The Theater Commander can influence the discipline of contractors through revocation or suspension of clearances, restriction from installations or facilities. Contractor personnel are not subject to the UCMJ in typical contingency operation Removal of contractor employees from the theater of operations is dependent upon the policies issued by the theater commander which are incorporated in the terms of the contract Contractor must ensure contract employees are: –Aware of UCMJ and non UCMJ offenses DoD has jurisdiction for –Reporting of alleged offenses to appropriate investigative authorities

25. Learn. Perform. Succeed. 5 - 25 Contractor Personnel – Legal Status Under the law of land warfare, contractors occupy a special niche called civilians authorized to accompany the force –Contractor personnel cannot be targeted deliberately for military action –Contractors cannot engage in activities inconsistent with their status –Contractors can be targeted if they directly support hostile operations Contractors may support military operations as civilians accompanying the force so long as the appropriate designation has taken place –Must be provided an identification card under the provisions of the 1949 Geneva Convention Relative to the treatment of Prisoners of War Contractors captured during international armed conflict are entitled to Prisoner of War status Contractor personnel retain the inherent right of individual self-defense –Individual self-defense is not direct participation in hostilities

26. Learn. Perform. Succeed. 5 - 26 Jurisdiction Authority - International Rule Conventions: 1907 Hague (Article 13) 1949 Geneva (Article 4) Status of Forces Agreement (SOFA) Host Nation Law Third Country Law Info Contractors will be treated as prisoners of war if captured. Must have Identification If exists, will codify privileges and immunities Who CAAF non-CAAF and CAAF-unless SOFA says otherwise TCN CAAF- unless SOFA says otherwise

27. Learn. Perform. Succeed. 5 - 27 Jurisdiction Authority - International Geneva / Hague Convention: 1949 Geneva convention (Article 4) provides that prisoner of war status, upon capture, is extended to among others, contractor employees under certain circumstances. During armed conflict not of an international character, the status of contractors may be less clear. 1907 Hague convention (Article13) states contractors who fall into enemy’s hands are entitled to be treated as prisoners of war, provided they are in possession of a certificate from US military authorities. Status of Forces Agreement: SOFA establishes the legal obligations to be followed when operating within or in- transit through a particular nation Establishes legal status and legal obligations of contractors and contractor employees in a host nation SOFA negotiations may also involve countries that must be transited in order to reach the AO

28. Learn. Perform. Succeed. 5 - 28 Jurisdiction Authority – U.S. Rule War Crimes Act (1996) MEJA* (2000) Patriot Act (2001) EO 1349** Unlawful Interrogations UCMJ Who CAAF non-CAAF in CENTCOM only CAAF & non- CAAF Any U.S. citizen abroad. Anyone inside the U.S. CAAF & non- CAAF CAAF only if a “declared” operation. Retired military or personnel with any type of potential military commitment * Military Extraterritorial Jurisdiction Act ** Federal Prohibition Against Torture. Also requires any contractor personnel involved in detention ops or private security operations to be classified as CAAF under the terms and conditions of the contract.

29. Learn. Perform. Succeed. 5 - 29 Jurisdiction Authority – U.S. Uniform Code of Military Justice (UCMJ) In addition to domestic US Laws and International Agreements, contractor employees are subject to the UCMJ in time of war, as declared by Congress Contractors who are retired US military personnel may be subject to charges under UCMJ during non-declared wars and other contingency operations as well as peace time Military Extraterritorial Jurisdiction Act of 2000 (MEJA) Specifies that persons authorized to accompany the armed forces who engage in conduct constituting an offense punishable by imprisonment for more than one year, conducted within jurisdiction of US shall be punished Permits the Department of Justice via US District Court to prosecute employees of DoD contractors and subcontractors who commit crimes on foreign soil. Non-DoD agencies are not included in the MEJA; however the Patriot Act does apply

30. Learn. Perform. Succeed. 5 - 30 Contractors – Legal Assistance Contractors are not entitled to military legal assistance –Appropriate official shall ensure theater admission requirements state contractor personal should prepare and execute any necessary wills or power of attorney before reporting to the deployment center Limited minor military legal assistance may be provided to contractors under certain conditions: – Legal assistance is limited to ministerial services – If the Service Component Command is under contractual obligation to provide legal assistance

31. Learn. Perform. Succeed. 5 - 31 Contractors – Force Protection Support Security - Contractors cannot provide their own security with weapons unless the contract so states; that is a military function and US Forces must protect contractor personnel. Personal firearms –If they are not a designated as a Private Security Contractor, contractor personnel can be armed only for self–defense. Four conditions must be met to bear arms: It is authorized in the contract Relevant commander in the AOR must approve and authorize the carrying of arms by contractor personnel Contractor company policy must permit its employees to carry arms Individual contractor employee must agree to carry a firearm and be properly trained and qualified NBC Threats –All personnel in an AO are equally vulnerable to NBC threats, and everyone requires the same minimum-essential protection Note : Special reporting, legal, and status of contractor personnel provisions apply to contractors providing Private Security Functions

32. Learn. Perform. Succeed. 5 - 32 Contractor Personnel - Insurance The Service Component Commands have no statutory obligation to provide a contractor with health and life insurance as a result of a deployment Health and life insurance policies often contain a “War Risk” clause that may adversely affect benefits Protecting or pursuing health and life insurance benefits and remedies is the responsibility of the contractor or its employees FAR 28.305 -- Overseas Workers Compensation and War Hazard Insurance 52.228-3 - Workers’ Compensation Insurance (Defense Base Act), or 52.228-4 - Worker’s Compensation and War-Hazard Insurance Overseas DFARS 228.305 -- Overseas workers’ compensation and war hazard insurance 252.228-7000 - Reimbursement for War-Hazard Losses, and 252.228-7003 - Capture and Detention

33. Learn. Perform. Succeed. 5 - 33 Risks and Rewards Motivations for Civilians to be Employed in High Danger Areas Hands-on Experience Patriotic Duty Money Career Advancement Risks involved with Battlefield Employment Capture / Hostage Ambush / Attack Maiming or Death

34. Learn. Perform. Succeed. 5 - 34 Summary Compare and contrast CAAF and non-CAAF Demonstrate familiarity with the process of contractor deployment preparation and execution List US Armed Forces responsibilities in the sustainment of contractors accompanying the force Establish the legal status of contractors accompanying the force Determine protection of contractors accompanying the force Recognize US and potential Host Nation Laws governing the conduct of contractors accompanying the force

35. Learn. Perform. Succeed. 5 - 35 Guidance on Use of CAAF DoDI 3020.41 Operational Contract Support, 20 Dec 2011 JP 4-10 Operational Contract Support, 16 July 2014 DoDI 1100.22 Policy and Procedures for Determining Workforce Mix, 12 Apr 2010 FAR 25.3 and 52.225-19 – Contracts Performed Outside the United States DFARS 225.3 and 252.225-7040 – Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States