Defense Department
officials are drafting a new rulebook for contractors working in
hostile environments.
When completed, it is expected to resemble regulations completed
in November by the Army.
Those new rules were largely embraced by the Professional
Services Council (PSC), a leading contractor group, but the council
also called for “a uniform, Department-wide, coverage on common
issues affecting contractors accompanying the force.”
PSC, based in Arlington, Va., represents 155 companies doing
business with the Pentagon and the government.
The Army has always been a step ahead of the other services and
the Joint Staff in crafting such regulations because its troops are
increasingly reliant on private companies for logistical and
technical support. The Army’s extensive operations in Iraq and
Afghanistan have hastened the need to update previous regulations
that define roles and govern the relationship between contractors
and the military.
The Army’s deputy assistant secretary for policy and procurement
found “urgent and compelling reasons” to publish the rule before the
public could comment, according to the Nov. 28 Federal Register
notice soliciting comments on the new interim rulebook. The
comment period closed Jan. 28.
The Army revised its regulations to lay out clearer guidelines
about chain of command and contract requirements and clear up
confusion that contracting officers and contractors have found in
earlier guidance, according to one source familiar with the new
rulebook.
The new regulations, which build upon regulations last updated in
1999, allow contractors to carry weapons when authorized by the
combatant commander and require the contractor to recognize in
writing that working in conflict zones can be risky business — and
that they accept the risk.
Other requirements insist that contractors and contractor
personnel:
• Be familiar with host nation laws, international treaties and
licensing requirements.
• Comply with combatant commander’s orders relating to military
operations, force protection and health and safety; and replace any
personnel who fail to comply with these provisions.
• Submit information on contractor employees for entry into
military databases.
• Make sure all required security and background checks are
completed.
• Meet all medical screening and requirements.
• Have a plan for replacing employees no longer available for
work in the war zone for any reason, including injury or death.
Contractor employees are not allowed to wear military clothing
unless they have a written waiver from the Army, with the exception
of equipment needed for safety, such as biological or chemical
protective gear.
Also, they cannot carry firearms in operational areas unless
issued by the combatant command with the consent of contract
employees. The commander may require training in use of weapons and
other predeployment training.
Officially called “contractors accompanying the force,”
Halliburton’s KBR may be the most well known of businesses on the
battlefield, providing installation maintenance, transportation,
laundry and other services in Iraq, the Balkans and elsewhere, and
also recent multimillion dollar billing problems for food service
and gasoline. But there are dozens of other prominent firms also on
the ground in Iraq. These companies provide armed security, military
training, transportation, medical assistance, and a host of other
services relating to troop support and reconstruction.
The challenge in bringing contractors into a hostile environment
has always been in maintaining a strong wall between contractor and
war fighter so that civilians are not viewed as combatants or
mercenaries, said Randy King, Army program manager for contractors
accompanying the force and deputy chief of staff for logistics.
“The Geneva Conventions talk about ‘civilians accompanying the
force,’ ” King told Federal Times last year. “In that
capacity, contractors have the same rights in case of capture.”
In its comments on the new Army rules, PSC encourages contracting
officers to specify in contract solicitations what sort of support
the government will provide to contractors and the support that
contractors will be expected to provide on their own in combat
areas.
“These support elements have a direct and significant impact on
the substantive bid, on the pricing, and on contract performance,”
said Alan Chvotkin, PSC senior vice president, in a Jan. 27 letter
to the Army’s procurement policy and support office.
Additionally, PSC finds fault in how the chain of command between
the Army and government contracting officers is established and
suggests that more clarity be drawn about when a commanding
officer’s orders take precedence.
“While we expect these areas to be very limited, any such
direction could have enormous cost, schedule and performance impacts
on the contractor’s ability to execute the contract,” PSC said in
its comments.