Frequently Asked Questions

Frequently Asked Questions

For

Theater Business Clearance

11 FEB 2010

How do I submit a TBC request? Submit a TBC request for delivery to or performance in Iraq and/or Afghanistan to the following email address: [e-mail]
What has changed in the TBC approval process that is effective 1 Feb 2010? The most recent version includes a Commander’s Intent section. It is intended to ensure that the contract strategy aligns with the operational strategy: responsible drawdown in Iraq and lessons learned based on the surge in Afghanistan. Address the purpose, impact if not approved, deployment/employment strategy for each request. The JCC I/A staff will review it and may require JCC Director Operations or even JCC I/A Commanding General engagement with the in-theater customer. Issues such as long term maintenance, employment and economic stability through local national job creation, duplication and waste are a concern. TBC processing is one way the ground combat commanders can avoid disconnects in contracting versus operational strategy. The more detail the less delay; however, CG engagement may delay approvals in the future.
Why is Theater Business Clearance (TBC) necessary? TBC enables in-theater visibility of contractor personnel and materials arriving in theater through commercial transportation (FOB Destination).  Here are a few of recent operational challenges:

• 
  Contracts were awarded without incorporating and or complying with in theater operational orders, policy and contract clauses that constitute Battlefield Commander Orders to contractors in the battle space.
  
• 
  CONUS contracting officers were authorizing routine medical care without proper coordination leading to over tasked military treatment facilities.
  
• 
  Commander JCC-I/A is accountable for all DOD contract administration. As the largest DoD contracting organization in the theater, virtually every question about “contractors” comes to JCC I/A. The Commander must have visibility into all DOD contracts
  
• 
  AOR personnel are unable to confirm whether armed personnel possess proper training, licenses, and authorizations to carry weapons as personal protection or as personal protection detail specialists.
  
• 
  Sensitive items were shipped without proper in theater transit visibility. 
  
• 
  Some in-theater locations are unable to provide life support- such as billeting, dining, MWR, laundry, etc, yet more contractors were arriving every day with these services authorized.  
  

Why is it for all deliveries in Iraq and Afghanistan? Deliveries via the Defense Transportation System (DTS) to the final destination are exempt from TBC.  This includes the Military Postal System. Commercial transportation into and within theater continues to be a problem.  Therefore, the TBC facilitates finding the right people to explain procedures that can help get the item to the war fighter sooner.
What contract documents do we need to submit? Submit only documents that evidence mandatory language, such as the solicitation and SOW/PWS.  Include the TBC tracker matrix and a detailed explanation of the in-theater contract administration approach that is planned. If there are other documents or attachments that help resolve concerns about authorized life support (billeting, dining, laundry, MWR, etc), security, weapons, medical care, and shipping instructions, please include them. Please do not include extra documents that do not pertain to delivery or performance in Iraq. Examples include CDRLs, LOAs, drawings, and separate statements of work that do not include required clauses. Server space is limited, so less is better. We can always ask for more if required.
Do I need to fill in all columns of the TBC Pre-award and Post Award Tracker? You need to complete the “Initial TBC” tab of the embedded spreadsheet within the TBC tracker. If information is not known prior to negotiations/award leave it blank. Include an educated guess/estimate of the number and breakout of the contracted employees. This information is required to assess the appropriate contract administration approach. JCC I/A uses the pre-award information to keep track of all the actions currently being reviewed; they are also used as placeholders in our database. Preliminary approval is given for solicitations. Just prior to award, please update this same worksheet and resubmit it to our mailbox at [[e-mail]]. Include the original spreadsheet with preliminary approval and complete the “Final TBC” tab. We will update our spreadsheet (remove the placeholder) and respond with the “completed” block filled out—this is your final approval. We use the tracker information to keep this information for Command insight.
When is an Agency required to submit a contract to JCCI for review? TBC is required to be completed and submitted prior to issue of any solicitation for preliminary approval and prior to award for final approval. TBC requirements are dynamic so it is best to review the CENTCOM web site for updated information prior to submitting any TBC request. Submitting prior to a request for proposal ensures the most current information is verified. Notwithstanding, these battlefield Command Orders must remain current; therefore, a monthly check of the CENTCOM web and periodic updates to incorporate updates and new requirements is necessary. It may be necessary for updating clauses a few times during a protracted award process. After award, it is likely that many updates will be required as well. Unlike changes to FAR / DFARS clauses which normally do not require modification of previously awarded contracts, changes to the battlefield-specific clauses require modification of existing contracts. However, no new TBC request is required unless a substantial change occurs either through an option or major modification.
Does the “Iraq/Afghanistan Theater Business Clearance Guide (01 Feb 2010)” replace the "JCC-I/A Acquisition Instructions" for non-JCC-I/A contracting officers?  This guide provides a step-by-step explanation of the TBC and Contract Administration process in Iraq and Afghanistan. The JCC-I/A Acquisition Instruction establishes local contracting procedures for JCC-I/A contracting officers. Non-JCC-I/A contracting officers do not need to read the JCC-I/A acquisition instruction because it provides a great deal more information that applies ONLY to JCC I/A contracting personnel.  Rely instead only upon the CENTCOM website for the special JCC-I/A clauses that apply to ALL contracting offices.
I have a requirement for both Iraq and Afghanistan; do I submit two requests? No, only one request is required and it is approved by the Headquarters staff in JCC-I/A by submitting to [e-mail].
Is Theater Business Clearance required for urgent tasks? Yes. JCC-I/A is postured to provide quick TBC by exception. Identify an urgent request and it will receive priority review. However, it is imperative that contracting activities provide non-emergency requests for review early in the acquisition process to avoid impact to acquisition schedules. It is also imperative that contracting activities submit requests only after they have accessed the CENTCOM website to verify that they have current information. The Director, JCC I/A stateside is Mr. Dean Carsello. He is available via Blackberry at [e-mail] or 210-347-4487. Urgent requests can be approved via phone provided they do not require the higher level review due to Commander’s Intent disconnect.
What is the status of my clearance?   Our required turn around is 4 business days from the submittal of the final required document.  We do try to give you preliminary comments to resolve even if we are waiting for omitted documents or need to request other documents.  The best way to avoid delay is verifying the current TBC information on the CENTCOM website prior to requesting clearance and addressing all of the issues related to the Commander’s Intent section as stated above.
Frequently Used Comments/Questions from the JCC-I/A Reviewers:
TBC clause versions are out of date: Ensure the CENTCOM website is accessed and verify the request form is current. Notwithstanding, if changes are imminent, the review may actually include directions for added or deleted requirements that have yet to be posted on the website. . There is a slight lag time between the fragmentation order and JCC I/A implementation; however, it is minimized to the greatest extent possible.
Failure to follow the prescription: Many requirements are marked “N/A” incorrectly and that requires corrective action.
Tracker information not completed: Requests that are received without estimates of personnel or points of contact information are unacceptable. The personnel estimates are critical to the contract administration planning and thus cannot be “TBD”. An educated guess is acceptable until award.
Failure to identify armed contractor status: It is important to identify armed personnel including subcontractors. This includes Local National subcontracted armed contractors as well. USF-I and USF-A are most concerned with Private Security Contractor (PSC) oversight. Therefore, differentiating between armed contractors that are PSCs and those that are armed for self-defense is most relevant. Arming as a PSC entails protecting someone else as the primary purpose of the job; arming for self-defense entails conducting a primarily different function. In the latter case, arming is ancillary whereas in the former, arming is primary.

Can I use an old copy of a Letter of Authorization? No, all Letters of Authorization must be developed electronically in the Synchronized Personnel and Operational Tracker (SPOT) in accordance with the current version of DFARS 252.225-7040 (current version is Jul 2009) or DPAP Deviation 2007-00010. Until recently, contractors deploying less than 30 days were authorized use of a paper copy; however, no contractor will process through a deployment site nor receive in-theater transportation without a SPOT-generated LOA regardless of duration.
What medical coverage is authorized? Contractors are limited to emergency resuscitative care only, so ensure your Letters of Authorization do not authorize routine medical care.  Contracting officers often use general statements on LOAs such as “Medical/Dental Authorized” which can be interpreted as authorizing routine care.  Contracting officers must ensure LOAs clearly state “Emergency medical/dental care only.”

 

Who can authorize routine medical care?  The contracting officer cannot authorize routine care without authorization from a CENTCOM medical official.   CENTCOM J4 can assist in identifying the proper Command Judge Advocate POC. Please note that exceptions to the policy are typically granted exclusively for unique “individuals” who have special skills. They are not granted for entire contracts.

Who authorizes life support (billeting, dining, laundry, MWR, etc)?

Neither the contracting officer nor the COR can authorize life support without approval from an official at the place of performance in Iraq or Afghanistan.  The in-theater customer should coordinate for this approval with the FOB (Forward Operating Base) Mayor Cell.  These are the Department of Public Works or Civil Engineering staff of the Base (FOB) Commander. Provide us with the name and contact information of the official in the Mayor cell or other organization who approved life support. 

When do I need to verify Defense Base Act/War Hazards Act Insurance coverage? The contracting officer must verify that DBA insurance is in place prior to deploying contractors or authorizing Local National contractors to commence work.