(a) When contracting for requirements for delivery to or performance in the CENTCOM AOR, Contracting Officers shall, in addition to complying with existing requirements in DFARS and DFARS PGI Subpart 225.74:
(1) Implement the Synchronized Predeployment and Operational Tracker (SPOT) requirements of DoD Class Deviation 2007-O0010 and/or DFARS 252.225-7040 (Note that both may be applicable depending on the circumstances of a particular contract.) See the OUSD(AT&L)/DPAP memo of January 28, 2008, that mandates contractor data input into SPOT in six timed phases, culminating in the inclusion of all contractors employed on DoD funded contracts being performed in support of contingency operations anywhere in the world. DFARS 225.301-4 also designates SPOT as the appropriate automated system to use for the list of contractor personnel in FAR clause 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States. The FAR clause is used when performance is in a contingency area or diplomatic/consular mission other than in the CENTCOM AOR and contractor personnel are not authorized to accompany the force.
(2) Follow the requirements specified in OUSD(AT&L)/DPAP Policy Memo, November 26, 2007, Iraq/Afghanistan Theater Business Clearance (TBC) (applicable to Iraq and Afghanistan only; also, note the exception to the TBC requirement in (f) below.).
(3) If Private Security Contractors (PSC) are authorized for the contract, follow CENTCOM/JCC-I/A requirements relating to PSCs in the JCC-I/A Contracting Officer’s Guide to Special Contract Requirements for Iraq/Afghanistan Theater Business Clearance, November 25, 2007. (see Contracting Officer’s Guide on CENTCOM website) and follow the procedures in DLAD PGI 25.7402-90 (a). After local Office of Counsel review and approval of an awarded contractor’s private security plan, submit the contractor’s private security plan to the DLA HQ Office of General Counsel (DG) for approval; once approved internally, DG will in turn submit the plan to CENTCOM (MNC-I or CJTF-82). See PGI 25.7402-90(a)(3) for procedures to submit updates to previously approved PSC plans.
(4) Contracting Officers shall check the CENTCOM contracting office website for the most current mandatory language before issuing a solicitation.
(b) The CENTCOM/JCC-I/A policies and requirements for SPOT, TBC, and PSC, as supplemented below, shall also be applied to contracts with foreign governments, representatives of foreign governments, or foreign corporations wholly owned by foreign governments, if performance of the contract, even if only delivery, will wholly or partially occur within Iraq or Afghanistan.
(c) The DLA Senior Procurement Executive (SPE) has been delegated authority by JCC-I/A to approve Theater Business Clearances (TBC)s for all DLA contracts for delivery to or performance in Iraq or Afghanistan that do not include a requirement for a PSC (See Delegation of Authority memorandum dated December 24, 2007). The TBC approval procedures specified in OUSD(AT&L)/DPAP Policy Memo, November 26, 2007,, Iraq/Afghanistan Theater Business Clearance, requiring submission of a TBC package to JCC-I/A, are applicable when a contract or subcontract at any level involves a PSC requirement. See DLAD PGI 25.7402-90 (a) for procedures for submission of PSC plans to DLA HQ. The arming requirements, procedures, and references for a PSC can be found in AI 52.6, Arming of Contractors: Iraq/Afghanistan, in the Contracting Officer’s Guide to Special Contract Requirements for Iraq/Afghanistan Theater Business Clearance. The USCENTCOM PSC policy for civilian and contractor arming and delegation of authority for Iraq and Afghanistan is also found in the November 6 and 7, 2007, USCENTCOM messages.. See the mandatory procedures for submission of private security plans at DLAD PGI 25.7402-90 (a)
(d) The SPE shall review and approve any acquisition or modification of an existing contract that includes requirements for performance within or for delivery to Iraq or Afghanistan prior to solicitation or modification to ensure compliance with the OSD, CENTCOM, and JCC-I/A requirements in (a) above. As a reminder, in accordance with the OUSD (AT&L)/DPAP memos of December 20, 2007, and February 26, 2008, contracts subject to TBC review and approval are ones that have contractor personnel in Iraq or Afghanistan; or will deliver material to Iraq or Afghanistan under FOB Destination terms using commercial transportation outside the Defense Transportation System (DTS); or authorize contractor personnel, including subcontractors, to carry weapons in Iraq or Afghanistan. An appropriate level of review by the submitting contracting organization is required commensurate with the dollar value and complexity of the acquisition, as established by DLAD and the Supply Chain’s/Contracting Activity’s solicitation/contract review thresholds for supply and service contracts, to include concurrence of its cognizant Office of Counsel. To obtain HQ J-7 review and approval of the Theater Business Clearance see elements in (1) below that must be addressed for JCC-I/A. Contracting Officers shall submit both the JCC-I/A spreadsheet and the CENTCOM TBC Review Sheet with Tracker as part of the submission package to J-7, with the fourth column of the TBC Review Sheet with Tracker filled in to indicate the location for each mandatory requirement in the supply chain’s solicitation.
(1) Ensure the submitted TBC contains the following elements, in accordance with JCC-I/A and DPAP requirements:
(a) Statement of Work and Terms and Conditions
(b) Acquisition Milestones for Award
(c) Number of contractor’s/subcontractor’s employees projected to support contract
(d) Name of customer/requirement POC, e-mail, phone number
(e) Name of PCO, e-mail, phone number
(2) Of utmost importance is the requirement to coordinate any contractor requests for billeting, dining, Morale, Welfare, and Recreation (MWR), and medical requirements with the location where the contractor is performing the contract. Ensure the entry on the TBC Request Form “Name of FOB Official Who Approved Billeting, Dining, MWR, etc if Authorized” represents a valid approval before submitting the TBC.
(3) TBC submission is required at both the pre-award and post-award stages.
(e) Contract Administration. In accordance with DFARS 242.202(a)(i), contract administration functions remain at DLA for CLASS I (Subsistence) and DESC products/services being provided/performed in Iraq or Afghanistan. For all others, the OUSD (AT&L)/DPAP memo of February 26, 2008, provides JCC-I/A’s instructions for delegating contract administration functions to them for that portion of the contract that will require performance in theater. In most cases, the quality assurance and property management functions will be the only functions that are delegated. Unless otherwise indicated in writing by JCC-I/A, these actions will be further delegated to DCMA-Iraq/Afghanistan. A Sample Delegation Letter, a Contract Administration Tracker, Data Package for Contract Delegation, Sample SF30 for further assignment of contract administration to DCMA if indicated by JCC-I/A, and a matrix version of 42.302(a) can be found in DLAD PGI 25.7402-90(e) and on the CENTCOM website. Previous memos concerning contract administration can also be found in the OUSD/DPAP Memo of October 25, 2007, and the USD Memo of October 19, 2007. See PGI 225.7402-90 (e) for procedures and notification of contract administration delegations.
(f) TBC is not required for commodity contracts that provide for shipment of supplies into either Iraq or Afghanistan through the DTS, although it is applicable if the DLA contractor is responsible for delivery following its receipt of supplies from DTS unless their sole means of delivery uses military convoys escorting commercial shipments in the AOR (as these are considered part of the DTS system). It is also applicable if DLA contractor personnel will perform incidental services related to the supplies within Iraq or Afghanistan.
(g) J-7 will provide JCC-I/A with periodic reports of DLA contracts for which the DLA SPE has approved the TBC, pursuant to the delegation of authority.
(h) Notification. Proper notification of approved TBCs to affected DLA organizations is required as these organizations are liaisons with the Forward Operating Bases (FOBs).
(1) For approved TBCs (either with or without PSC requirements), HQ J-7 will provide the TBC package to JCC-I/A Principal Assistant Responsible for Contracting (PARC) in accordance with the JCC-I/A memorandum of December 24, 2007. HQ J-7 will also provide the approved package to DLA-C and to the cognizant DLA Contingency Support Team (DCST- Kuwait, Iraq, or Afghanistan).
(2) The DCST will be the contracting officer’s liaison with the FOB Commander and will ensure that the requests for billeting, dining, MWR, and medical requirements are provided to the proper FOB points of contact and various approval authorities (Force Refinement Board (FRB), Installation Facilities Utilization Board (IFUB), and any local entities required). Contact points for DCSTs are:
DCST-Afghanistan (DCST-AF) Ops Officer, DSN: 318-431-4125/4694
DCST-Kuwait (DCST-KU) Support Ops NCO, DSN: 318-430-5434
DCST-Iraq (DCST-IZ) Operations Officer, DSN: 318-822-2992
(i) Expedited Requests for TBC
(1) TBC with or without a PSC element. For expedited performance of a TBC in conjunction with an expedited contract action to modify an existing contract or award a new contract, the contracting officer shall certify that all required TBC provisions are contained within the existing or proposed new contract, as applicable, via an e-mail notification to the HQ J-7 Deputy Director. Within 96 hours of the initial notification of the requirement for a TBC on an expedited procurement, the contracting officer shall provide the documentation required for a TBC to HQ J-7. HQ J-7 will review/approve the TBC and provide a copy of the final package to JCC-I/A-PARC, DLA-C (commercial 813-827-3066 or DSN 651-3066) and the cognizant DCST.
