Who counts as deployed contractor personnel

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1. Contractor personnel and their records

The Defense operational contract support rule in title 32 defines its own vocabulary for people working abroad. Contractor personnel are any individuals employed by a firm, corporation, partnership or association under contract with the Defense Department to furnish services, supplies or construction (32 CFR 158.3). They may include United States citizens, host nation individuals and third country national (TCN) individuals. A host nation is a nation that permits, in writing or through other official consent, another nation’s representatives or agencies to operate within its territory under specified conditions. A local national is an individual who is a permanent resident of the nation where the United States is conducting operations.

The rule defines two record concepts (32 CFR 158.3). Contractor personnel accountability is the process of identifying, capturing and recording an employee’s personally identifiable information and assigned permanent duty location through a designated database. Contractor personnel visibility is information on the daily location, movement, status and identity of contractor personnel. The database is the Synchronized Predeployment and Operational Tracker-Enterprise Suite (SPOT-ES), or any system that supersedes it.

2. Places and conditions

An operational area is an overarching term covering more descriptive terms, such as area of responsibility and joint operations area, for places where military operations are conducted (32 CFR 158.3). Expeditionary operations are activities organized to achieve a specific objective in a foreign country. An austere environment is a remote, isolated location where modern comforts and resources may be limited or absent.

A hostile environment is one where local government forces, whether opposed to or receptive to the intended operations, do not control the territory and population (32 CFR 158.3). An uncertain environment is one where host government forces do not have totally effective control of the territory and population. Replacement centers are centers at selected installations that handle accountability, training and processing so personnel can move on and deploy to a designated operational area.

3. Contractors authorized to accompany the force

Contractors authorized to accompany the force (CAAF) are contractor personnel, at all subcontract tiers, authorized to accompany the armed forces in applicable operations abroad through a letter of authorization (32 CFR 158.3). In general, the category takes in American citizens and TCNs who do not normally live in the operational area, whose place of performance is close to the armed forces, and who are routinely collocated with them. Subordinate commanders may designate mission-essential host nation or local national contractor personnel, such as interpreters, as CAAF. The category includes personnel previously called contractors deploying with the force. CAAF status does not apply to contractor personnel inside United States territory who support contingency operations abroad.

Non-CAAF are personnel not designated as CAAF (32 CFR 158.3). Examples are local national employees, other permanent residents of the operational area, and TCNs who do not routinely live with the armed forces and who work away from their close proximity. When non-CAAF work in the direct vicinity of the armed forces, the government support they receive is typically limited to three things: force protection, emergency medical care and basic human needs. The definition gives bottled water, latrine facilities, security and food when necessary as examples of basic needs.

4. How the designation is made

CAAF designation is given to contractor personnel, including every tier of subcontractor personnel, through a letter of authorization (32 CFR 158.5(f)(1)(i)). Personnel collocated with the armed forces receive CAAF status through that letter. The letter is issued by a contracting officer or designee and authorizes travel to, from and within the operational area (32 CFR 158.3). It also sets out the government support authorized within the area under the terms of the contract.

Combatant commanders or subordinate commanders may designate mission-essential host nation or local national contractor personnel as CAAF, unless host nation law, a status of forces agreement or another agreement prevents it (32 CFR 158.5(f)(1)(ii)). In general, local nationals receive CAAF status only when they assume great personal risk to perform an essential function. Personnel without the designation are non-CAAF, and a person’s status may change with the place where an employer or the contract assigns them to work (32 CFR 158.5(f)(1)(iii)).

The rule also sets limits on what the designation means (32 CFR 158.5(f)(1)(iii)). CAAF designation may affect, but does not necessarily affect, a person’s legal status under the law of war and the treatment due under the 1949 Geneva Conventions if captured during international armed conflict. Personnel who are not CAAF may also receive the status of persons authorized to accompany the armed forces under the law of war. And although CAAF designation and access to authorized government support often coincide, CAAF status does not determine the support provided.

5. Functions, services and isolated personnel

Mission-essential functions are the activities that must be performed in all circumstances to achieve Defense component missions, as determined by the functional commander or civilian equivalent (32 CFR 158.3). Failure to perform or sustain them would significantly affect the Department’s ability to provide vital services or exercise authority, direction and control. The rule connects these functions to essential contractor services, which support them through vital systems, installation and base support, and similar services provided to foreign military sales customers.

Isolated personnel are military members, Defense civilians and contractor personnel, and others the President or Secretary of Defense designates, who are unaccounted for while supporting an applicable operation (32 CFR 158.3). They are, or may be, in a situation where they must survive, evade, resist or escape. Long-term care is defined as services that help a person with comfort, personal or wellness needs, such as bathing and dressing, and is sometimes known as custodial care. How the rule applies that term to deployed contractors is covered in government support to deployed contractors.

6. Where the clause pieces fit

The letter of authorization definition points to 48 CFR subpart 225.3 for more detail (32 CFR 158.3). The Defense clause on contractor personnel supporting deployed forces is covered in supporting deployed forces under DFARS 252.225-7040, and the policy framework in what operational contract support means.

Key terms

CAAF	Contractor personnel authorized to accompany the force through a letter of authorization.
Non-CAAF	Contractor personnel without that designation, such as local national employees.
Contractor personnel visibility	Information on the daily location, movement, status and identity of contractor personnel.
Uncertain environment	A setting where host government forces lack totally effective control of territory and population.
Isolated personnel	People unaccounted for while supporting an operation who may need to survive, evade, resist or escape.

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

Teams of every status need secure movement and life support abroad. 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.