SUBPART
225.74--DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES
(Revised March 31, 2008)
225.7401 Contracts requiring performance or delivery
in a foreign country.
225.7402 Contractor personnel authorized to accompany
225.7402-1 Scope.
225.7402-2 Definition.
225.7402-3 Government support.
225.7402-4 Contract clauses.
225.7403 Antiterrorism/force protection.
225.7403-1 General.
225.7403-2 Contract clause.
225.7401 Contracts requiring performance or delivery
in a foreign country.
(a) If an acquisition requires performance of
work in a foreign country by contractor personnel other than host country
personnel, or delivery of items to a Unified Combatant Command designated
operational area, follow the procedures at PGI 225.7401(a) (Pop-up Window or PGI Viewer Mode).
(b) For work performed in
(c) For work performed in
225.7402 Contractor personnel authorized to accompany
For additional information on contractor
personnel authorized to accompany the U.S. Armed Forces, see PGI 225.7402 (Pop-up Window or PGI Viewer Mode).
225.7402-1 Scope.
(a) This section applies to contracts that
involve contractor personnel authorized to accompany U.S. Armed Forces deployed
outside the
(1)
Contingency operations;
(2)
Humanitarian or peacekeeping operations; or
(3)
Other military operations or military exercises, when designated by the
combatant commander.
(b) Any of the types of operations listed in
paragraph (a) of this subsection may include stability operations such as—
(1) Establishment or maintenance of a safe and
secure environment; or
(2) Provision of emergency infrastructure
reconstruction, humanitarian relief, or essential governmental services (until
feasible to transition to local government).
225.7402-2 Definition.
See PGI 225.7402-2 (Pop-up Window or PGI Viewer Mode) for additional
information on designated operational areas.
225.7402-3 Government support.
(a) Government support that may be authorized or
required for contractor personnel performing in a designated operational area
may include, but is not limited to, the types of support listed in PGI
225.7402-3(a) (Pop-up Window or PGI Viewer Mode).
(b) The agency shall provide logistical or
security support only when the appropriate agency official, in accordance with
agency guidance, determines in coordination with the combatant commander that—
(1) Such Government support is available and is
needed to ensure continuation of essential contractor services; and
(2) The contractor cannot obtain adequate support
from other sources at a reasonable cost.
(c) The contracting officer shall specify in the
solicitation and contract—
(1) Valid terms, approved by the combatant
commander, that specify the responsible party, if a party other than the
combatant commander is responsible for providing protection to the contractor
personnel performing in the designated operational area as specified in
225.7402-1;
(2) If medical or dental care is authorized
beyond the standard specified in paragraph (c)(2)(i) of the clause at
252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces
Deployed Outside the United States; and
(3) Any other Government support to be provided,
and whether this support will be provided on a reimbursable basis, citing the
authority for the reimbursement.
(d) The contracting officer shall provide
direction to the contractor, if the contractor is required to reimburse the
Government for medical treatment or transportation of contractor personnel to a
selected civilian facility in accordance with paragraph (c)(2)(ii) of the
clause at 252.225-7040.
(e) Contractor personnel must have a letter of
authorization (LOA) issued by a contracting officer in order to process through
a deployment center or to travel to, from, or within the designated operational
area. The LOA also will identify any
additional authorizations, privileges, or Government support that the
contractor personnel are entitled to under the contract. For a sample LOA, see PGI 225.7402-3(e) (Pop-up Window or PGI Viewer Mode).
225.7402-4 Contract clauses.
(a) Use the clause at 252.225-7040, Contractor
Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, instead of the clause at FAR
52.225-19, Contractor Personnel in a Designated Operational Area or Supporting
a Diplomatic or Consular Mission Outside the United States, in solicitations
and contracts that authorize contractor personnel to accompany U.S. Armed Forces deployed outside the United States in—
(1) Contingency operations;
(2) Humanitarian or peacekeeping operations; or
(3) Other military operations or military
exercises, when designated by the combatant commander.
See DoD Class Deviation 2007-O0010,
Implementation of the Synchronized Predeployment and Operational Tracker (SPOT)
to Account for Contractor Personnel Performing in the United States Central
Command Area of Responsibility, issued on October 17, 2007. This deviation is effective until
incorporated into the DFARS or otherwise rescinded. See PGI 225.7402-4(a) (Pop-up Window or PGI Viewer Mode) for guidance on use of
this deviation.
(b) For additional guidance on clauses to
consider when using the clause at 252.225-7040, see PGI 225.7402-4(b)(Pop-up Window or PGI Viewer Mode).
225.7403 Antiterrorism/force protection.
225.7403-1 General.
Information and guidance pertaining to DoD antiterrorism/force
protection policy for contracts that require performance or travel outside the
225.7403-2 Contract clause.
Use the clause at 252.225-7043, Antiterrorism/Force Protection Policy
for Defense Contractors Outside the United States, in solicitations and
contracts that require performance or travel outside the
(a) Foreign governments;
(b) Representatives of foreign governments; or
(c) Foreign corporations wholly owned by foreign
governments.