Class Deviation 2021-O0004

OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000
ACQUISITION
AND SUSTAINMENT
In reply refer to
DARS Tracking Number: 2021-O0004
MEMORANDUM FOR COMMANDER, UNITED STATES CYBER
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES SPECIAL OPERATIONS
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES TRANSPORTATION
COMMAND (ATTN: ACQUISITION EXECUTIVE)
DEPUTY ASSISTANT SECRETARY OF THE ARMY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(CONTRACTING)
DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS
SUBJECT: Class Deviation—Requirements for Contractor Personnel Performing in the U.S.
Southern Command Area of Responsibility
Effective immediately, this class deviation rescinds and supersedes class deviation 2014-
O0016. Contracting officers shall use the attached clause in lieu of the clause at Defense Federal
Acquisition Regulation Supplement (DFARS) 252.225-7040, Contractor Personnel Supporting
U.S. Armed Forces Deployed Outside the United States, in solicitations and contracts that
require performance in the U.S. Southern Command (USSOUTHCOM) area of responsibility.
This deviation continues to support USSOUTHCOM operational requirements and helps
implement the President’s March 13, 2020, “Proclamation on Declaring a National Emergency
Concerning the Novel Coronavirus Disease (COVID-19) Outbreak.”
Specifically, in addition to continued operational requirements, this class deviation
implements critical combatant commander requirements for contracts supporting
USSOUTHCOM, as follows—
• Recertification of medical fitness for medical suitability screening;
• Requirements for Synchronized Predeployment and Operational Tracker data for
contractor personnel support and tracking; and
• Personnel recovery requirements.
Class Deviation 2021-O0004
Requirements for Contractor Personnel Performing in the
U.S. Southern Command Area of Responsibility
This class deviation remains in effect until incorporated in the DFARS or until otherwise
rescinded. My point of contact is Lt Col Karen Landale, who may be reached at 571-372-8778
or at karen.a.landale.mil@mail.mil.
John M. Tenaglia
Principal Director,
Defense Pricing and Contracting
Attachments:
As stated
2
Attachment
Class Deviation 2021-O0004
Requirements for Contractor Personnel Performing in the
U.S. Southern Command Area of Responsibility
252.225-7987 Requirements for Contractor Personnel Performing in the
U.S. Southern Command Area of Responsibility (DEVIATION 2021-O0004)
Use this clause, in lieu of the clause at Defense Federal Acquisition Regulation
Supplement 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces
Deployed Outside the United States, in solicitations and contracts that require
contractor performance in the U.S. Southern Command area of responsibility.
REQUIREMENTS FOR CONTRACTOR PERSONNEL PERFORMING IN THE
U.S. SOUTHERN COMMAND AREA OF RESPONSIBILITY
(DEVIATION 2021-O0004) (FEB 2021)
(a) Definition. As used in this clause—
“The U.S. Southern Command (USSOUTHCOM) area of responsibility (AOR)” is as
defined in the Foreign Clearance Guide, https://www.fcg.pentagon.mil.
(b) General.
(1) Contract performance in support of U.S. Armed Forces outside the United
States may require work in dangerous or austere conditions. Except as otherwise
provided in the contract, the Contractor accepts the risks associated with required
contract performance in such conditions.
(2) When authorized in accordance with paragraph (j) of this clause to carry
arms for personal protection, Contractor personnel are only authorized to use force for
individual self-defense.
(3) The applicable agreements and arrangements set forth whether Contractor
personnel are subject to host-nation jurisdiction for prosecution or civil liability
stemming from inappropriate use of force. Contractor personnel may also be subject to
U.S. prosecution and civil liability for inappropriate use of force.
(c) Support.
(1) U.S. citizen and third country national (TCN) Contractor personnel must
have in their possession a letter of authorization generated in the Synchronized
Predeployment and Operational Tracker (SPOT) and signed by the Contracting Officer
in order to travel to, from, or within the USSOUTHCOM AOR. The letter of
authorization identifies any additional authorizations, privileges, or Government
support to which Contractor personnel are entitled under this contract.
(2) Unless specified elsewhere in this contract, the Contractor is responsible for
all other support required for its personnel engaged in the USSOUTHCOM AOR under
this contract.
(d) Requirements for travel to, from, or within the USSOUTHCOM AOR. The
Contractor shall ensure that the following requirements are met prior to Contractor
personnel travel and performance in the USSOUTHCOM AOR and maintained
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Attachment
Class Deviation 2021-O0004
Requirements for Contractor Personnel Performing in the
U.S. Southern Command Area of Responsibility
throughout the duration of the contract. Specific requirements for each category are as
outlined in the contract.
(1) All required security and background checks are complete and acceptable
(applies to U.S., TCN, and local national (LN) personnel).
(2) The Contractor shall ensure personnel complete annual USSOUTHCOM
human rights awareness training identified in SOUTHCOM (SC), SC Regulations 1-20,
Human Rights Policy and Procedures, and 51-1, DoD Leahy Law Reporting Procedures,
at https://www.southcom.mil/Work-With-Us/Operational-Contract-Support/, and
understand their obligation to respect and protect human rights, and to immediately
report all suspected gross violations of human rights, including suspected incidents of
trafficking in persons (applies to U.S., TCN, and LN personnel) through the Contracting
Officer’s Representative (COR) and Contracting Officer.
(3) The Contractor shall collect a DNA record for all U.S. citizen Contractor
personnel traveling to or within the USSOUTHCOM AOR and shall have
arrangements for storage of the DNA reference specimen through a private facility or
arrange for the storage of the specimen through the Armed Forces Repository of
Specimen Samples for the Identification of Remains at https://health.mil/Military-
Health-Topics/Combat-Support/Armed-Forces-Medical-Examiner-System/DoD-DNA-
Registry/Repository-of-Specimen-Samples-for-the-Identification-of-
Remains#:~:text=The%20Armed%20Forces%20Repository%20of,retrieval%20for%20hu
man%20remains%20identification. In addition, U.S. citizen Contractor personnel shall
comply with the requirements of DoD Instruction (DoDI) 3020.41, Operational Contract
Support, Enclosure 3, paragraph 8.b., or its successor.
(4) U.S. citizen Contractor personnel and TCN Contractor personnel traveling
to, from, or within the USSOUTHCOM AOR must follow the requirements identified in
the Electronic Foreign Clearance Guide available at https://www.fcg.pentagon.mil and
must have all necessary passports, visas, and other documents required to enter, exit,
or work in the USSOUTHCOM AOR; and must also have the appropriate DoD identity
credential(s).
(5) Special area, country, and theater clearance must be obtained for U.S.
citizen Contractor personnel and TCN Contractor personnel traveling to, from, or
within the USSOUTHCOM AOR. Clearance requirements are in DoD Directive
4500.54E, DoD Foreign Clearance Program, at
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/450054E.pdf?
ver=2019-02-04-122604-257. For this purpose, U.S. citizen and TCN Contractor
personnel are considered non-DoD Contractor personnel traveling under DoD
sponsorship.
(6) Provide to all U.S. citizen Contractor personnel and TCN Contractor
personnel personal security training. At a minimum, the training shall—
(i) Cover safety and security issues facing employees within the
USSOUTHCOM AOR;
(ii) Identify safety and security contingency planning activities; and
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Class Deviation 2021-O0004
Requirements for Contractor Personnel Performing in the
U.S. Southern Command Area of Responsibility
(iii) Identify ways to utilize safety and security personnel and other
resources appropriately.
(7) All U.S. citizen DoD-sponsored Contractor personnel must comply with
current force protection, personnel recovery, and theater entry requirements as
provided in DoDI 3020.41; DoDI 3002.03, DoD Personnel Recovery – Reintegration of
Recovered Personnel; DoDI O-3002.05, Personnel Recovery (PR) Education and
Training; the DoD Foreign Clearance Guide at https://www.fcg.pentagon.mil/; and
current USSOUTHCOM guidance prior to travel to the USSOUTHCOM AOR. U.S.
citizens who become DoD-sponsored Contractor personnel while already residing in the
USSOUTHCOM AOR must also comply with the requirements listed in this paragraph.
All U.S. citizen Contractor personnel must complete the following:
(i) Anti-Terrorism Level 1 Training course available at
https://jkodirect.jten.mil (log in and search for the course on the Course Catalog tab via
the number or key word, enroll, and launch). Anti-Terrorism Level I training must be
completed within 12 months prior to entry into the USSOUTHCOM AOR, and annually
thereafter.
(ii) Survival, Evasion, Resistance, and Escape 100.2 course available at
https://jkodirect.jten.mil. The Survival, Evasion, Resistance, and Escape 100.2 course
is required to obtain theater entry approval, in accordance with the Personnel Entry
Requirements for Official Travel listed in section 3 of the DoD Foreign Clearance Guide.
(iii) The requirements for personnel at high risk of isolation listed in the
DoD Foreign Clearance Guide, when Contractor personnel are determined to be at high
risk of isolation or exploitation based on their mission (as determined by their COR,
Component Personnel Recovery Subject Matter Expert, and/or the USSOUTHCOM
Personnel Recovery Branch). In accordance with the DoD Foreign Clearance Guide and
USSOUTHCOM theater entry requirements, DoD-sponsored Contractor personnel
entering the theater on official business will have a DD Form 1833, Isolated Personnel
Report, on file in Personnel Recovery Mission Software. The Isolated Personnel Report
will be reviewed within 6 months prior to theater entry and every 6 months while in the
AOR.
(iv) For more information or specific questions regarding completion of these
requirements, please contact the designated COR. The COR will contact the
appropriate Defense Agency or Military Service component for additional guidance.
(e) Personnel data.
(1) The Contractor shall use the SPOT web-based system at
https://spot.dmdc.mil, to enter and maintain the data for Contractor personnel in
accordance with the current USSOUTHCOM Policy Memorandum 6-19, Synchronized
Pre-Deployment and Operational Tracker (SPOT) in the United States Southern
Command (USSOUTHCOM) Area of Responsibility (AOR) posted at
https://www.southcom.mil/Work-With-Us/Operational-Contract-Support/. The
Contractor shall comply with the SPOT Business Rules at
https://www.acq.osd.mil/log/PS/spot.html and shall routinely check, at a minimum
every 30 days, the SPOT Business Rules for up-to-date information.
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Attachment
Class Deviation 2021-O0004
Requirements for Contractor Personnel Performing in the
U.S. Southern Command Area of Responsibility
(2) The Contractor shall enter the required information about its Contractor
personnel prior to deployment and shall continue to use the SPOT web-based system to
maintain accurate, up-to-date information throughout the deployment for all Contractor
personnel. Changes to the status of individual Contractor personnel relating to their in-
theater arrival date and their duty location, including closing out the deployment with
their proper status (e.g., mission complete, killed, wounded), shall be annotated within
SPOT in accordance with the timelines established in the SPOT Business Rules. The
USSOUTHCOM Policy Memorandum 6-19 includes registration requirements of—
(i) U.S. citizen, TCN, and LN Contractor personnel; and
(ii) All Contractor personnel authorized to carry weapons regardless of
proximity to U.S. Armed Forces personnel or the length of the period of performance of
their contract.
(f) Compliance with laws and regulations.
(1) The Contractor shall comply with, and shall ensure that its personnel
performing in the USSOUTHCOM AOR are familiar with and comply with, all
applicable—
(i) United States, host country, and third country national laws;
(ii) United States regulations, directives, instructions, policies, and
procedures; and
(iii) Orders, directives, and instructions issued by the USSOUTHCOM
Commander, or subordinate commanders with operations or activities within the
USSOUTHCOM AOR, including those relating to force protection, security, health,
safety, environment, or relations and interaction with local nationals.
(2) The Contractor shall notify all personnel who are not a host country
national, or who are not ordinarily resident in the host country, that—
(i) Such employees, and dependents residing with such employees, who
engage in conduct outside the United States that would constitute an offense
punishable by imprisonment for more than one year if the conduct had been engaged in
within the special maritime and territorial jurisdiction of the United States, may
potentially be subject to the criminal jurisdiction of the United States in accordance
with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3261, et seq.);
(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal
jurisdiction also extends to conduct that is determined to constitute a war crime when
committed by a civilian national of the United States;
(iii) Other laws may provide for prosecution of U.S. nationals who commit
offenses on the premises of U.S. diplomatic, consular, military, or other U.S.
Government missions outside the United States (e.g., 18 U.S.C. 7(9));
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Attachment
Class Deviation 2021-O0004
Requirements for Contractor Personnel Performing in the
U.S. Southern Command Area of Responsibility
(iv) In time of declared war or a contingency operation, Contractor
personnel accompanying the Armed Forces are subject to the jurisdiction of the Uniform
Code of Military Justice under 10 U.S.C. 802(a)(10);
(v) Such employees are required to report offenses alleged to have been
committed by or against Contractor personnel to appropriate investigative authorities;
and
(vi) In appropriate circumstances, such employees will be provided victim
and witness protection as necessary.
(g) Medical fitness and insurance.
(1) All Contractor personnel must be medically, dentally, and psychologically fit
for performance of their contracted duties for the duration of their contractual duties.
In the event a Contractor employee has or develops a disqualifying medical, dental, or
psychological condition, or they are unable to perform duties (e.g. sickness or
quarantine), the Contractor must report the employee and condition promptly to the
Contracting Officer or the COR. If medical, dental, or psychological screening by an
accredited healthcare provider is required (or directed by the Contracting Officer) at any
time during contract performance to determine fitness for contracted duties, the
Contractor will bear the cost of such screenings. The Contractor must also replace any
personnel who has or develops a disqualifying medical, dental, or psychological
condition at no cost to the Government.
(2) All U.S. citizen and TCN Contractor personnel must meet the medical
screening requirements established by the USSOUTHCOM Commander in the SC
Regulation 40-501, Medical Suitability Screening Regulation, or its successor
(https://www.southcom.mil/Work-With-Us/Operational-Contract-Support/), as well as
the requirements identified in Force Health Protection Guidance for Deployment in the
USSOUTHCOM AOR or their successors, and follow immunization and health
protection guidelines outlined therein. All immunizations must be obtained prior to
traveling to or within the USSOUTHCOM AOR.
(3) U.S. citizen and TCN Contractor personnel traveling from a country outside
of the USSOUTHCOM AOR must travel into the USSOUTHCOM AOR country with a
copy of the U.S. Centers for Disease Control and Prevention (CDC) Form 731,
International Certificate of Vaccination or Prophylaxis as Approved by the World
Health Organization, (also known as “shot record” or “Yellow Card”) that shows
vaccinations are current. The Government will provide, at no cost to the Contractor,
any military-specific immunizations and medications not available to the general public
as described in SC Regulation 40-501.
(4) When required by their contractual duties (e.g., food service workers), all LN
and TCN employees must also comply with mandatory screening and vaccination
requirements per SC Regulation 40-501 for the duration of their contractual duties.
(5) All Contractor personnel subject to screening in accordance with the
preceding paragraphs, must be re-screened annually for potential Force Health
Protection and medical risks pursuant to SC Regulation 40-501 and supplementing
Medical Directives.
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Attachment
Class Deviation 2021-O0004
Requirements for Contractor Personnel Performing in the
U.S. Southern Command Area of Responsibility
(6) U.S. citizen and TCN Contractor personnel traveling to or within the
USSOUTHCOM AOR are required to be beneficiaries of health care insurance that
provides Global Health Coverage with an Emergency Evacuation Rider back to their
country of origin or nearest medical center.
(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 violate or fail to comply with applicable requirements of this
contract. 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 ensure that all personnel follow any specific
Combatant Commander guidance on reporting offenses alleged to have been committed
by or against Contractor personnel to appropriate investigative authorities.
(3) Contractors working at USSOUTHCOM will comply with common access
card (CAC) procedures identified in USOUTHCOM Policy Memorandum 02-10,
Contractor Common Access Card Procedures, or its successor
(https://www.southcom.mil/Work-With-Us/Operational-Contract-Support/).
Contractors shall return all U.S. Government-issued identification, to include the CAC,
to appropriate U.S. Government authorities at the end of their contractual duties. Any
change in Contractor employment status will be recorded in SPOT and reported in
accordance with USSOUTHCOM Policy Memorandum 12-12, Contractor Change of
Status, or its successor (https://www.southcom.mil/Work-With-Us/Operational-
Contract-Support/).
(i) 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 U.S.
citizens and TCN 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.
(j) Weapons.
(1) If the Contractor requests that its personnel performing in the designated
operational area be authorized to carry weapons for individual self-defense, the request
shall be made through the Contracting Officer to the Component Command to the
Combatant Commander, in accordance with DoDI 3020.41. The Combatant
Commander will determine whether to authorize in-theater Contractor personnel to
carry weapons and which weapons and ammunition will be allowed.
(2) If Contractor personnel are authorized to carry weapons, after the
Contracting Officer coordinates with the USSOUTHCOM J341 Protection Branch to
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Attachment
Class Deviation 2021-O0004
Requirements for Contractor Personnel Performing in the
U.S. Southern Command Area of Responsibility
ensure that all training and qualification standards, as well as weapons, ammunition,
and equipment storage and protection standards are understood, then, the Contracting
Officer will notify the Contractor which weapons and ammunition are authorized. The
Contractor shall enter weapons into SPOT in accordance with SPOT Business Rules
(https://www.acq.osd.mil/log/PS/spot.html).
(3) The Contractor shall ensure that any personnel authorized to carry weapons
meet all DoDI 3020.50, Private Security Contractors Operating in Contingency
Operations, Humanitarian or Peace Operations, or Other Military Operations or
Exercises, requirements regardless of private security contractor status.
(k) Personnel Recovery. DoD Directive 3002.01, Personnel Recovery in the
Department of Defense, prescribes policy for when, in the case of isolated, missing,
detained, captured, or abducted Contractor personnel, the Government will assist in
personnel recovery actions.
(l) Mortuary affairs. Contractor personnel who die while in support of the U.S.
Armed Forces shall be covered by the DoD mortuary affairs program as described in
DoD Directive 1300.22, Mortuary Affairs Policy, DoD Instruction 3020.41, and SC
Regulation 0638-2, Mortuary Affairs Program (https://www.southcom.mil/Work-With-
Us/Operational-Contract-Support/).
(m) Next of kin notification, illness, injury, and disqualifying medical condition
reporting.
(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 isolated, missing, detained, captured, or abducted.
(2) The following conditions require the Contractor to notify the Contracting
Officer for USSOUTHCOM notification and perform complete reporting within SPOT:
(i) Casualty or death.
(ii) Illness or injury that requires medical attention, and may or may not
require hospitalization, but renders the employee unable to complete their contractual
duties (see DoDI 1300.18).
(iii) Disqualifying medical conditions identified in SC Regulation 40-501, or
USSOUTHCOM Force Health Protection Standards, or other applicable
USSOUTHCOM Guidance.
(n) Subcontracts. The Contractor shall incorporate the substance of this clause,
including this paragraph (n), in all subcontracts.
(End of clause)
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