Credentials, reception and return of contractors

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1. The Geneva Conventions and contractors

The Defense contractor support rule at 32 CFR 158.5 addresses the Geneva Conventions and contractor personnel who fall into enemy hands. The 1949 Geneva Conventions, including the convention on the treatment of prisoners of war, may apply to certain contractor personnel who fall into enemy hands during international armed conflict (32 CFR 158.5(f)(3)). All contractor personnel may be at risk of injury or death incidental to enemy action while supporting military operations (32 CFR 158.5(f)(3)(i)).

Contractors authorized to accompany the force (CAAF), and other contractor personnel authorized to accompany the armed forces who are at risk of capture, receive the identification card the prisoner of war convention requires (32 CFR 158.5(f)(3)(ii)). CAAF may be used in support of applicable operations consistent with the terms of government authorization (32 CFR 158.5(f)(3)(iii)). If they fall into the power of the enemy during international armed conflict, contractor personnel with CAAF status are entitled to prisoner of war status.

2. Identification cards

Contracts must require CAAF to receive an identification card showing the Geneva Convention category of persons authorized to accompany the armed forces (32 CFR 158.5(f)(4)). When the card is issued, CAAF must present their letter of authorization generated by the Synchronized Predeployment and Operational Tracker-Enterprise Suite (SPOT-ES) as proof of eligibility. Sponsorship must include processes for confirming eligibility for a card (32 CFR 158.5(f)(4)(i)). The sponsor is the person affiliated with the Department or another federal agency who verifies and authorizes the applicant’s need for the card. A Defense official or employee must sponsor applicants for a common access card.

Individuals with more than one Defense personnel category code, such as someone who is both a reservist and a contractor, receive a separate card in each category for which they are eligible (32 CFR 158.5(f)(4)(ii)). Individuals with a single category code may not hold more than one current card of the same form.

3. Security clearances

To the extent necessary, the contract must require the contractor to provide personnel with the appropriate security clearance (32 CFR 158.5(f)(5)). Or the personnel must be able to satisfy the background investigation requirements for the access needed to perform in the operation.

4. Reception in theater

In applicable operations, all CAAF must enter the operational area through a designated reception site (32 CFR 158.5(k)(1)). Based on a visual inspection of the letter of authorization, the site verifies that contractor personnel are entered in SPOT-ES and meet theater-specific entry requirements (32 CFR 158.5(k)(1)(i)). Contractor personnel already in the area when a contingency is declared must report to the site as soon as it operates, under the terms of the contract (32 CFR 158.5(k)(1)(ii)).

If any CAAF arrives without proper documentation to perform in the area, entry to the theater is refused (32 CFR 158.5(k)(1)(iii)). The contracting officer then notifies the contractor to resolve the issue. If the contractor fails to act, the individual is sent back to the departure point, or directed to the service component command or Defense agency responsible for the contract for theater entrance processing.

The rule calls it critical that CAAF are properly integrated into the military operation through a formal reception process (32 CFR 158.5(k)(2)). At a minimum, they must meet theater entry requirements and be authorized to enter, and they must be accounted for in SPOT-ES. They must also have any required individual protective equipment, including chemical, biological, radiological and nuclear protective ensembles. Finally, they must be authorized any government support and force protection the contract requires.

5. Preparing to leave

At the end of a contract’s performance period, or on early redeployment, CAAF must complete the redeployment process to adjust support requirements and turn in government-provided equipment (32 CFR 158.5(m)). They must complete intelligence out-briefs and customs and immigration briefings and inspections under combatant commander policy and host nation law (32 CFR 158.5(m)(1)). CAAF are subject to customs and immigration processing at all designated stops and at their final destination. Those returning to the United States are subject to the reentry customs requirements in effect when they reenter.

The contract states whether the government will provide transportation out of theater (32 CFR 158.5(m)(2)). On completion of deployment or other authorized release, the government must provide transportation from the theater to the location from which personnel deployed, under each individual’s letter of authorization and unless otherwise directed (32 CFR 158.5(m)(2)(i)). If commercial transportation is not available, the letter should say so. CAAF must also leave the operational area through the designated reception site. Before redeploying, contractor personnel, through their contractor, coordinate exit times and transport with the continental United States replacement center or the reception site (32 CFR 158.5(m)(2)(ii)).

6. Return processing and the record

In most cases the center that prepared CAAF for deployment serves as the return processing center (32 CFR 158.5(m)(3)). There, reception site personnel screen contractor records, recover government identification cards and equipment, and conduct debriefings, as appropriate. Returning CAAF spend the minimum possible time at the center to complete administrative procedures. Contractor personnel must return all government identification and access badges, including key cards and common access cards (32 CFR 158.5(m)(3)(i)).

They must return issued clothing and equipment and report anything lost, damaged or destroyed under the issuing facility’s procedures (32 CFR 158.5(m)(3)(ii)). They also receive a post-deployment medical briefing on signs and symptoms of potential diseases, such as tuberculosis. Some countries hosting an intermediate staging base may not allow certain items into their territory. In that case, command guidance and contract terms provide other ways to account for government-issued equipment and clothing.

Contracting officers or their representatives must verify that contractors have updated SPOT-ES to reflect an employee’s change in status within three days of redeployment (32 CFR 158.5(m)(4)). They also close out the deployment and collect or revoke the letter of authorization. Deployment processing before arrival is covered in deployment processing for contractor personnel.

Key terms

Geneva Convention card	The card showing the category of persons authorized to accompany the armed forces.
Sponsor	The person affiliated with the Department or another federal agency who verifies and authorizes an applicant’s need for the card.
Designated reception site	The entry and exit point that verifies records and entry requirements.
Return processing center	Usually the deploying center, which screens records and recovers cards and equipment.
Three-day update	The deadline to record a redeployed employee’s change in status in SPOT-ES.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Reception and return depend on reliable movement in and out of theater. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.