Pentagon Revises Contractor Rules

[Jimbo]

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Washington Post
May 7, 2005

Pentagon Revises Contractor Rules

By Renae Merle, Washington Post Staff Writer

The Pentagon issued new regulations this week governing the conduct of civilian contractors who accompany soldiers overseas, including thousands providing security, fixing equipment and cooking meals in Iraq and Afghanistan.

In explaining changes in the rules, which were proposed in March 2004, the Pentagon said there was an "urgent need" for them. Pentagon and industry officials said yesterday that the rules codify existing policies and informal practices but disagreed about whether they will be enough to address all the difficult issues that have arisen with the increased number of civilians, many of them armed, working in a war zone.

The final regulations, published Thursday in the Federal Register, state, for example, that military "combatant commanders" will establish a plan to protect the civilian workers, unless the company's contract says otherwise. It is also up to the military commander to decide whether the contractors can carry government-issued or privately owned weapons and wear military clothing.

For the first time, the rules will allow the military to track the number of contractors accompanying troops overseas. Some of the provisions do not apply to foreign employees hired by the defense contractors, the explanation of the rule noted. They take effect June 6.

The Pentagon began developing the regulations in 2003 as thousands of contractors left for Iraq and sometimes found themselves unclear on the rules. "There had been small companies showing up thinking that housing and everything would be provided for them," said Doug Brooks, president of the International Peace Operations Association.

The use of contractors in Iraq has been controversial because more than 250 civilians have been killed, many of whom were performing duties that previously had been handled by the military, and because of reports of misspending by some of their companies.

Rep. Janice D. Schakowsky (D-Ill.), who has been critical of the role of contractors in the war zone, said in a written statement that issuing the regulations now "means contractors have been operating in Iraq and Afghanistan in a major way without knowing what rules apply to them and without our forces being given clear directives on the chain of command as it relates to contractors." She added: "And this rule does not answer those questions in a meaningful way."

The American Federation of Government Employees had proposed in its comments scaling back the use of the contractors all together. "The bottom line is that contractor personnel can always walk away with relative impunity," Jacqueline Simon, public policy director for the group, said yesterday. "And no rule can change that."

The State Department is working on separate rules that will govern contractors working on some reconstruction projects, the Pentagon said.

One of most controversial issues the rules addressed was whether contractors should be allowed to carry weapons to protect themselves. The proposed rule said they must have the express permission of the combatant commander. Several commenters complained that this was unrealistic, while another expressed concern it would spawn "armies of mercenaries."

United Technologies Corp. said in its comments that allowing contractors to carry weapons issued by the military "may create unmitigated liability for contractors in the event of injury or loss of life resulting from intentional use or accidental discharge of such weapons."

Stan Z. Soloway, president of the Professional Services Council, a trade group of contractors, noted one provision said that contractors are responsible for educating their employees about U.S. and local laws. "That is a pretty broad prescription" and will be difficult to meet, he said.

[one9delta]

Well shit, It just keeps getin' better :rolleyes: .

Bunch a dang cocklovin'mothers. Wonder if these rules are going to help or hinder the gunfighters (IC's ,PSD or whomever) ?
Got me to thinking is it worth all the BS to try and even go over.

And now .mil commander will have some "control"....I don't think so Tim. :mad:

[Silverbullet]

I love how guys who haven't even worked the street as acivilian always have the first negative comment.

Before the GWOT the local mil cmdr always had the authority to control who carried and who didn't if you weren't working for DOS. Usually it worked out fine.

These rules are not going to make much of a change for the next yr or so. The mil cmdrs have better things to worry about.

Most of the problems that take place btwn the PSD's and the military are the result of PSD's actions. The company's that don't have problems usually have seasoned pro's working for them and conduct proper coordination and show the grunts respect they deserve.

That doesn't always cover mr murphy or the 10% who don't get word.

[SOTB]

Got me to thinking is it worth all the BS to try and even go over.No. Its not. Stay home. Pull sheetrock.

RAT and I got our creds to carry from who? Ohhhhh, the LOCAL MIL COMMANDER. No shit, and well over a year ago (although others got them throught the CPA)....

[Guy]

Well shit, It just keeps getin' better :rolleyes: .

Bunch a dang cocklovin'mothers. Wonder if these rules are going to help or hinder the gunfighters (IC's ,PSD or whomever) ?
Got me to thinking is it worth all the BS to try and even go over.

And now .mil commander will have some "control"....I don't think so Tim. :mad:

I don't know who-the-fuck started this myth of gunfighting for PSDs.

The "role" of a PSD is...NOT to get in a gunfight! I know we were happy to get from point A to B and back, without anyone knowing anything except...

The military, since we were operating within their AO. It's called "Adjacent Unit Coordination" which would behove PSCs to learn and practice.

Stay safe.

[Matchanu]

These rules probably don't go far enough.

But I'm looking at the bigger picture.

[Doogie320]

This actually benefits my team and I so we're glad to see it.

[one9delta]

To all, Thanks for putin' my mind at ease. Thought this might be a problem but WTF do I know. Hearing the liberal politicans whine about you folks just gets me PO'ed.
Another point is keeping quiet when I overhear higher ups that have been "over there" talk about cowboys (contractors) being outta' control. (most never left their FOB/compound anyway from what I'm told)
Sorry for using the gunfighter thing but was talkin' about truckers/cooks or anyone else contracting INCLUDING people that pack heat for a living.

I also FULLY understand that you don't go looking for trouble, And I would be HIGHLY upset if my team or detail put me in that position. Its bound to find you sooner or later. Avoidin' trouble and make sure you are working WITH the local Mil units seems to be the best plan. I don't want to kill but WILL shoot back if provoked.

SOTB, Damn Bro... After almost 20 yrs in (retire in 8 months) I don't think I'll have to "Hang sheetrock" but hey, that could be a plan too. :D

Besides that, I'm a newbie just tryin' to learn and I thank you all for tightin' up my shot group. Sorry if I angered anyone and I will now go pour myself a big hot cup of STFU ! Y'all stay safe and AIRBORNE !

[ratamojada]

These rules seem to me to be nothing more than what most reputable teams have been doing in country anyways.

As others can state, I have come across a couple teams which I wish would have had their creds pulled in country.

I've always had somes sort of coordination with military units, its called Higher/Adjacent in the old 5 paragraph warning order!

[Argyll 50]

I don't know who-the-fuck started this myth of gunfighting for PSDs.

The "role" of a PSD is...NOT to get in a gunfight! I know we were happy to get from point A to B and back, without anyone knowing anything except...

The military, since we were operating within their AO. It's called "Adjacent Unit Coordination" which would behove PSCs to learn and practice.

Stay safe.


Good post!!!

[Type-82]

These rules might just get us out from under the RSO. I always perfered things when the DoD was running the show.

Problems with the new rules is they will not apply to the LN PSD teams. And for those of you who haven't seen them tooling around, they are indeed a scary site.

Had my permission to carry in country granted by the Iraqi Minister of Interior himself and the DOS. Not sure if that trumps the local military commander or not?

Contractors are currently an unregulated industry who are making millions. Only a matter of time until the paper pushers start to work their way into things and try to get some of that hard earned cash. Bad enough we have to stay out of country 330 days a year to keep at least some of our cash.
Brits get 90 days home a year and keep their tax exempt status. [/rant]

Bottom line as I see it, the new rules will make no difference at the operational level.

[Xdeth]

......
Had my permission to carry in country granted by the Iraqi Minister of Interior himself and the DOS. Not sure if that trumps the local military commander or not?
.......

I see you in front of a large tank, holding up your authorization :D

Hey man, had to drink that whiskey you asked for, top came off and spilled into my glass ;)

[Polypro]

"Rep. Janice D. Schakowsky (D-Ill.)"

Don't ever remember running into her on Hwy 1....

P

[landshark]

Here are the rules, Formating is screwy but If you go to this link (http://a257.g.akamaitech.net/7/257/2422/05may20051800/edocket.access.gpo.gov/2005/pdf/05-9007.pdf) you'll find the Pdf.



PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

• 6. Section 252.225-7040 is added to read as follows:

252.225-7040 Contractor Personnel Supporting a Force Deployed Outside the United States.

As prescribed in 225.7402-4(a), use the following clause:

Contractor Personnel Supporting a Force Deployed Outside the United
States (Jun 2005)

(a) Definitions. As used in this clause--

Combatant Commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C.
161.

Theater of operations means an area defined by the combatant commander for the conduct or support of specific operations.

(b) General.

(1) This clause applies when contractor personnel deploy with or otherwise provide support in the theater of operations to U.S. military forces deployed outside the United States in--

(i) Contingency operations;
(ii) Humanitarian or peacekeeping operations; or
(iii) Other military operations or exercises designated by the Combatant Commander.

(2) Contract performance in support of U.S. military forces may require work in dangerous or austere conditions. The Contractor accepts the risks associated with required contract performance in such operations.
(3) Contractor personnel are not combatants and shall not undertake any role that would jeopardize their status. Contractor personnel shall not use force or otherwise directly participate in acts likely to cause actual harm to enemy armed forces.

(c) Support.

(1) The Combatant Commander will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations unless the terms of this contract place the responsibility with another party.

(2)

(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.
(ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.
(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(d) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting a force deployed outside the United States as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable--

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the Combatant Commander relating to force protection, security, health, safety, or relations and interaction with local nationals.

(e) Pre-deployment requirements. The Contractor shall ensure that the following requirements are met prior to deploying personnel in support of U.S. military forces. Specific requirements for each category may be specified in the statement of work or elsewhere in the contract.

(1) All required security and background checks are complete and acceptable.

(2) All deploying personnel meet the minimum medical screening requirements and have received all required immunizations as specified in the contract. The Government will provide, at no cost to the Contractor, any theater-specific immunizations and/or medications not available to the general public.

(3) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a theater of operations and have a Geneva Conventions identification card from the deployment center.

(4) Country and theater clearance is obtained for personnel. Clearance requirements are in DoD Directive 4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign Clearance Guide. Contractor personnel are considered non-DoD personnel traveling under DoD sponsorship.

(f) Processing and departure points. Deployed contractor personnel shall--

(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of contractor personnel and to ensure that all deployment requirements are met;

(2) Use the point of departure and transportation mode directed by the Contracting Officer; and

(3) Process through a Joint Reception Center (JRC) upon arrival at the deployed location. The JRC will validate personnel accountability, ensure that specific theater of operations entrance requirements are met, and brief contractor personnel on theater-specific policies and procedures.

(g) Personnel data list.

(1) The Contractor shall establish and maintain with the designated Government official a current list of all contractor personnel that deploy with or otherwise provide support in the theater of operations to U.S. military forces as specified in paragraph (b)(1) of this clause. The Contracting Officer will inform the Contractor of the Government official designated to receive this data and the appropriate automated system(s) to use for this effort.

(2) The Contractor shall ensure that all employees on the list have a current DD Form 93, Record of Emergency Data Card, on file with both the Contractor and the designated Government official.

(h) Contractor personnel.

(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this clause. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause.

(2) The Contractor shall have a plan on file showing how the Contractor would replace employees who are unavailable for deployment or who need to be replaced during deployment. The Contractor shall keep this plan current and shall provide a copy to the Contracting Officer upon request. The plan shall--

(i) Identify all personnel who are subject to military mobilization;
(ii) Detail how the position would be filled if the individual were mobilized; and
(iii) Identify all personnel who occupy a position that the Contracting Officer has designated as mission essential.

(i) Military clothing and protective equipment.

(1) Contractor personnel supporting a force deployed outside the United States as specified in paragraph (b)(1) of this clause are prohibited from wearing military clothing unless specifically authorized in writing by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures and the Geneva Conventions.

(2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective clothing.

(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to ensure the safety and security of contractor personnel.

(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the Contracting Officer.

(j) Weapons.

(1) If the Contractor requests that its personnel performing in the theater of operations be authorized to carry weapons, the request shall be made through the Contracting Officer to the Combatant Commander. The Combatant Commander will determine whether to authorize in-theater contractor personnel to carry weapons and what weapons will be allowed.

(2) The Contractor shall ensure that its personnel who are authorized to carry weapons—

(i) Are adequately trained;
(ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and
(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and accountability of weapons and ammunition.

(3) Upon redeployment or revocation by the Combatant Commander of the Contractor's authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the Contracting Officer.

(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations.

(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the theater of operations whose function is to determine that certain items are scarce goods or services, the Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions provided by the Contracting Officer.

(m) Evacuation.

(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel.

(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract.

(n) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is missing, captured, or abducted.

(2) In the case of missing, captured, or abducted contractor personnel, the Government will assist in personnel recovery actions in accordance with DoD Directive 2310.2, Personnel Recovery.

(o) Mortuary affairs. Mortuary affairs for contractor personnel who die while providing support in the theater of operations to U.S. military forces will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy.

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph (p) shall be subject to the provisions of the Changes clause of this contract.

(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts that require subcontractor personnel to be available to deploy with or otherwise provide support in the theater of operations to U.S. military forces deployed outside the United States in—

(1) Contingency operations;
(2) Humanitarian or peacekeeping operations; or
(3) Other military operations or exercises designated by the Combatant Commander.
(End of clause)

[Type-82]

Hahah. A large tank? DO we have any small ones? You kill me and you drank my wiskey, You bastard! They killed Kenny too!

My Iraqna phone is still the same, give me a call. I hit the IZ daily (and sometimes 3 or 4 times) You know where our Villa is? You could always drop whats left of that fine aged Kentucky Burbon off there.

Stay safe, be lucky.

S



I see you in front of a large tank, holding up your authorization :D

Hey man, had to drink that whiskey you asked for, top came off and spilled into my glass ;)

[RAT]

Landshark,

Looks like the rules have not changed since I was there the 1st time.

They were posted for all IC's in country.

Big Boy Rules. I can see a lot of stuff comming back to IC's in the USA who might have done something wrong but did not think they were doing anything wrong in Iraq.

The next few yrs should be intersting.


RAT OUT!!!

[landshark]

I hear ya Rat,

These rules for the most part are already in place. I guess they are just doing a paper drill to make it official all the way up the chain and ensuring that everyone gets on the same sheet of music.

[RAT]

I hear ya Rat,

These rules for the most part are already in place. I guess they are just doing a paper drill to make it official all the way up the chain and ensuring that everyone gets on the same sheet of music.


Sounds good... Be safe.

RAT OUT!!!

[EchoFiveMike]

Question for the IC's; Was mil checking you guys out really an issue prior to these new regs? We tried to cover MSR Tampa from CP32 to CP22 from Sep 04 until Mar 05 and I can't recall ever hassling or seeing any IC's get hassled about damned near anything.

As long as they didn't shoot at us, or act stupid, we had no problems. S/F...Ken M

[MixedLoad]

As long as they didn't shoot at us, or act stupid, we had no problems. S/F...Ken M


Did anyone explain that concept to the Hart Team the other day? They have managed to stir up a hornets nest around Baghdad with everyone. Things for anyone operating low profile have gone from bad to worse....Some people just don't have any reason to be here. The bottomline is that the regulations will come down, standards will be set and in the end, it will benefit us at times.

[RAT]

Question for the IC's; Was mil checking you guys out really an issue prior to these new regs?

Yes, if you were moving along the MSR route you had to be checked in at the border.


We tried to cover MSR Tampa from CP32 to CP22 from Sep 04 until Mar 05 and I can't recall ever hassling or seeing any IC's get hassled about damned near anything.

I can tell you for a fact that I was going down the road at a pterry good clip not doing anything wrong and I got lit up like a MOFO. We got on the MSR at CP 30 (did not check in) and at 28 it was not fun. There were a lot of Muther F*&kers going off in that car. HAHAHA


The rules are in place and not hard to follow.

RAT OUT!!!

[EchoFiveMike]

I can tell you for a fact that I was going down the road at a pterry good clip not doing anything wrong and I got lit up like a MOFO. We got on the MSR at CP 30 (did not check in) and at 28 it was not fun. There were a lot of Muther F*&kers going off in that car. HAHAHA

What time frame? Recent?

OK, we "had" nothing at CP 30 except the occasional sniper team, we weren't interested in checking anyone in ;) Punched a few asshat IED layer's tickets, but that's different :D That gas station complex still there between 30 and 31 or did somebody blow it up yet?

CP 28(Mixing bowl) has the damned Rashid IP station right there LOS and those guys shoot the shit out of everyone. We used to have .mil guys right on CP28, but that was suicidal once they opened Tampa up to civvie traffic. So now Rashid IP covers that with fire :rolleyes: They used to light up EVERYBODY, back in Dec they lit my patrol up as we were going down Jackson and we calmed them down with 50+rds from the Mk19. They rapidly learned a little fire discipline and guess it's time for another lesson if they're back to doing that shit again :mad:

Good luck. S/F...Ken M

[RAT]

Ken,

LOL about CP30. That is how we got on there was no one there. I am sure they called forward on us.

As for the fuel station. It is going on a yr since I was there last time I was there it was still going strong.

Everything else sounds right on... HAHAHA

Be Safe.

Semper Fi.

RAT OUT!!!

[Polypro]

Question for the IC's; Was mil checking you guys out really an issue prior to these new regs? We tried to cover MSR Tampa from CP32 to CP22 from Sep 04 until Mar 05 and I can't recall ever hassling or seeing any IC's get hassled about damned near anything.

As long as they didn't shoot at us, or act stupid, we had no problems. S/F...Ken M

Not in '03-'04. Great relationship with Army (1st AD, 4th ID, 173rd AB, 25th ID). There wasn't anyone to check in with. The airborne support was voluntary. The only Coalition checkpoint I saw was at the Tigris Bridge in Tikrit, and that was just a couple PFC's watching from a bunker. All others were IP or ICDC. Of course, at BIAP, Speicher, McHenry, Mosul AF, Kirkuk AF, etc... we waited in line to enter, just like everyone else. Hell, you couldn't come roaring in anyway...bumper to bumper in both directions:)

P

[Massgrunt]

Not in '03-'04. Great relationship with Army (1st AD, 4th ID, 173rd AB, 25th ID). There wasn't anyone to check in with. The airborne support was voluntary. The only Coalition checkpoint I saw was at the Tigris Bridge in Tikrit, and that was just a couple PFC's watching from a bunker. All others were IP or ICDC. Of course, at BIAP, Speicher, McHenry, Mosul AF, Kirkuk AF, etc... we waited in line to enter, just like everyone else. Hell, you couldn't come roaring in anyway...bumper to bumper in both directions:)

P
Still good relations. The last thing I'm worried about is the Army deciding to fuck with us. They respect us, we respect them. If you're a professional (or can do a mean impression of one), they are on your side. Makoo moshkala.

Now, other civilians on the other hand... better left unsaid.