When is Contractor Manpower Reporting required? What is exempt from Contractor Manpower Reporting? Is it required on all types of contracts, FFP, CPFF, etc? Is it required on US and FMS contracts?
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The requirement for the ‘manpower reporting’ clause, which is formally called ‘Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States’ (DFARS 252.225-7040), is prescribed at DFARS 225.371-5(a). It states that this clause shall be used for contracts in which contractor personnel are operating in a designated area (as defined by the combatant commander) or supporting a diplomatic/consular mission. This activity is in support of US Armed Forces abroad that are conducting contingency operations, peace keeping or other exercises as directed by the combatant commander or SECDEF. It applies to both “Contactors authorized to accompany the Force” (CAAF) and non-CAAF (usually local nationals working in support of the contract). This clause will NOT be used if the contract is for personal services (FAR defines this as continuous supervision of contractor personnel by the USG personnel – these are rarely used). There is no mention of dollar thresholds, nor is there mention of any particular contract type. Additionally, there is also no mention of FMS versus non-FMS contracts. The guidance for using the Synchronized Predeployment and Operational Tracker (SPOT) System which is the database that contractors must register in to be compliant with manpower reporting in theater is discussed at subparagraph (g)(2) of the clause. Based on reading this, it appears this clause would be included in ALL contacts in support of activities with that are either embedded with or directly in support of the US military mission in designated areas. Be aware there are additional clauses and class deviations pertaining to contracts in certain areas of operations such as AFRICOM and CENTCOM. Certain types of services (such as contractors performing security services) are also further regulated within the DFARS so please be mindful of that too. There is also a DFARS PGI 225.370(d) that discusses how to implement the clause so please make sure you read over the regulations in DFARS and also any individual agency regulations that might apply to your acquisition.