# DLAD PGI

- SUBPART 25.74--DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

- PGI 25.7402- Contractor operations in the U.S. Central Command (CENTCOM) Area of Operations (AOR)
- PGI 25.7402-90 Procedures for submission of private security contractor (PSC) plans
- PGI 25.7402-4 Contract clauses [F34]
- PGI 25.7403-1 General
- 25.802-71 (90) [CH36]End Use Certificates (EUCs)

SUBPART 25.74--DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

PGI 25.7402- Contractor operations in the U.S. Central Command (CENTCOM) Area of Operations (AOR)

PGI 25.7402-90 Procedures for submission of private security contractor (PSC) plans

(a) Requests for PSC plans may apply at any contractor or subcontractor tier. The supply chain/contracting office, with the concurrence of local Counsel, shall submit a complete request package to HQ DG with notification to Acquisition Management (J-7) in accordance with the procedures outlined in the flow chart. (link to Security Plan Submissions Flow Chart) The Director, Acquisition Management (J-7), shall provide management and oversight of the review and approval process. HQ General Counsel shall review and approve any PSC plans before they can be submitted to CENTCOM for its final review and approval. The most recent version of the Contracting Officer's Guide to Special Contract Requirements for Iraq/Afghanistan Theater Business Clearance Dated: November 25, 2007, (PSC clause on page 16) provides information on supplemental DFARS clause language and statement of work text for solicitations and contracts requiring PSC plans. See also the USCENTCOM PSC policy for civilian and contractor arming and delegation of authority for Iraq and Afghanistan as found in the November 6 and 7, 2007 USCENTCOM messages.

(3) Updates to an Approved PSC. For changes to existing approved PSC plans, such as updating the list of guard personnel:

(a) Contracting Officer shall submit a request for approval of a revised plan to local Office of Counsel. If the update concerns guard personnel, the request will include any prior authorization memos for the guards and private security company, a spreadsheet showing the previously approved guards who should be removed from the list and the new guards being proposed, individual files for each current or proposed guard, and a letter from the PSC verifying the guards on the updated plan are employees of the company and are authorized to carry a firearm in Iraq or Afghanistan.

(b) After local Office of Counsel has reviewed, submit to HQ DG for review/approval.

(c) HQ DG shall submit approved plan updates to CENTCOM (MNC-I or CJTF-82).

(e) Contract Administration delegation procedures.

(1) For submission of Contract Administration delegations, provide the following items to JCC-I/A and follow the OUSD (AT&L)/ DPAP memo of February 26, 2008:

(a) Sample Delegation Request,

(b) Contract Administration Tracker,

(c) Matrix of functions,

(d) Data Package for Contract Delegation,

(e) and Sample SF30 for further assignment of contract administration to DCMA if indicated by JCC-I/A. If a FAR 42.302(a) function in the matrix does not apply, there is no need to note this; just specify the functions you do want to delegate.

PGI 25.7402-4 Contract clauses [F34]

(a) In accordance with DFARS PGI 225.7402-4, use the clause provided by 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, that require contractor personnel to perform in the U.S. Central Command (USCENTCOM) Area of Responsibility (AOR), unless - -

(1) DFARS clause 252.225-7040, Contractor Personnel Authorized to Accompany the U.S. Armed Forces, is already included in the contract and all personnel performing under the contract are covered by clause -7040;

(2) both the DFARS clause 252.225-7040 and the clause provided by DoD Class Deviation 2007-O0010 are not required as described in DFARS PGI 225.7402-4(a)(ii);

(3) the total dollar value of the acquisition is $25,000 or less and the period of performance is less than 30 days, (Note: for subcontracts whose period of performance is less than 30 days the requirements of clause in Class Deviation 2007-O0010, paragraph (g) are not applicable); or,

(4) the personnel are solely engaged in the production of supplies or their associated overhead functions. (Note that personnel performing services associated with the acquisition of supplies, such as delivery services, are covered.)

The CENTCOM AOR countries are listed in the USCENTCOM AOR document.

PGI 25.7403-1 General

(e[CH35]) For information and guidance relating to DoD antiterrorism/force protection policy for DLA contracts that require performance or travel outside the United States contact DES-SO, Antiterrorism Program Manager, DSN 427-5400 or commercial 703-767-5400.

DLAD PGI 25.8 - Overseas Workers Compensation and War Hazard Insurance

25.802-71 (90) [CH36]End Use Certificates (EUCs)

(b) Requests to HQ DLA for EUCs shall show coordination through appropriate local command levels to include supply/demand planning, local Office of Counsel, the HCA or equivalent, and be signed by the Commander/Director. Requests for Category I or Category II EUC authorization; or a waiver for Category III will include:

* Memorandum to J-7 requesting authorization of the Category I or Category II

EUC; or a memorandum requesting a Category III waiver from the OUSD,

* Executive Summary,

* Draft Category I or II EUC for Director, DLA to approve, or

* Draft Category III waiver request for Director, DLA to approve

J-72 will process EUC requests or waivers and coordinate within HQ to include J-3/4, DG, and J-71. J-71 will provide copies of signed EUCs in any of the categories to the appropriate office within OUSD.

(e) Category I EUCs. See sample format, category1EUC.doc[CH37]

(1) The Director, DLA may authorize and sign a Category I EUC, or authorize the Category I EUC and then delegate signature to the Component Acquisition Executive to sign the individual EUC.

(f) Category II EUCs. See sample format, categoryIIEUC.doc[CH38]

(1) Category II EUCs are sent to OUSD(AT&L), who will notify DLA HQ of any further action required before final authorization of the EUC; otherwise, concurrence can be assumed after expiration of the 21 day period. After the 21 day period or receipt of concurrence by OUSD(AT&L), whichever comes first, the DLA Director may authorize and sign the “Declaration of End Use” or authorize execution of the individual EUC and then delegate signature to the Component Acquisition Executive.

(g) Category III EUCs. See sample format, categoryIIIEUC.doc[CH39]

(1) OUSD may likely specify that the agency establish procedures to ensure that any possible transfer of the equipment does not occur without obtaining prior approval from the country that requested the EUC. It is mandatory that field activities discuss how these restrictions on possible transfer will be met in the Memorandum to J-7 requesting the waiver and in the Executive Summary. For example, the supply chain/contracting activity could prescribe mandatory labeling, training of customers, and/or certifications from requiring activities, that would make a prior approval requirement highly visible to the customer. If DLA cannot ensure that there is a process in place for this, OUSD may not approve the waiver and/or the Director, DLA may not authorize the EUC.

(2) As specified in 6.1.3, Category III, of the DOD Directive, 2040.3, End Use Certificates, the requests for waiver shall address the following:

(i) The reason(s) that it is in the best interests of the U.S. Government to procure the item.

(ii) The limitations to be imposed by the exporting government and a justification for acceptance of those limitations by the U.S. Government.

(iii) A statement that no satisfactory alternative to the item, considering cost, schedule, or operational requirements, is available from domestic or foreign sources without equivalent limitations.

(3) Once the waiver is approved, J-72 will prepare the Category III EUC for approval by the DLA Director who may sign or direct the Component Acquisition Executive to sign the individual EUC.