§ 158.4. Policy.
427 words·~2 min read·
/us/cfr/t32/s§ 158.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is DoD policy that:
(a)Defense contractor personnel are part of the total force. (See paragraph
(a)of appendix A of this part).
(b)DoD Components implement OCS functions, including contract support integration, contracting support, and contractor management, during applicable operations.
(c)DoD Components will use contracted support only in appropriate situations, consistent with 48 CFR subpart 7.5, 48 CFR subpart 207.5, and Office of Federal Procurement Policy
(OFPP)Policy Letter 11-01 (available at https://www.federalregister.gov/documents/2011/09/12/2011-23165/publication-of-the-office-of-federal-procurement-policy-ofpp-policy-letter-11-01-performance-of), and paragraph
(b)of appendix A to this part.
(d)Generally, contractors are responsible for providing their employees with all life, mission, medical, logistics, and administrative support necessary to perform the contract. However, in many operations, especially in those in which conditions are austere, hostile, and/or non-permissive, the decision may be made that it is in the interest of the U.S. Government to allow for selected life, mission, medical, logistics, and administrative support to be provided to contractor personnel to ensure continuation of essential contractor services, consistent with DoD regulations. Contractors authorized to accompany the force
(CAAF)may receive U.S. Government-furnished support commensurate with the operational situation in accordance with the terms of the contract.
(e)A common joint database (i.e., the Synchronized Predeployment and Operational Tracker-Enterprise Suite (SPOT-ES) or its successor) will be used to maintain contractor personnel visibility and accountability in applicable operations. References to SPOT-ES in this part will refer to that system or any database system that supersedes it for contractor personnel visibility and accountability.
(f)Solicitations and contracts will:
(1)Require defense contractors to provide personnel who are ready to perform contract duties in applicable operations and environments by verifying the medical, dental, and psychological fitness of their employees and, if applicable, by ensuring currency of any professional qualifications and associated certification requirements needed for employees to perform contractual duties.
(2)Incorporate contractual terms and clauses into the contract that are consistent with applicable host nation
(HN)laws and agreements or designated operational area performance considerations.
(g)Contracts for highly sensitive, classified, cryptologic, or intelligence projects and programs must implement this rule to the maximum extent possible, consistent with applicable laws, Executive orders, presidential directives, and relevant DoD issuances. To the extent that contracting activities are unable to comply with this rule, they should submit a request for a waiver to the Under Secretary of Defense for Acquisition and Sustainment (USD(A)). Waiver requests should include specific information providing the rationale regarding the inability to comply with this rule. The USD(A) will consider these requests in coordination with the Under Secretary of Defense for Intelligence and Security.