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DFARS 252.237-7019 Training for Contractor Personnel Interacting with Detainees. Basic (Jun 2013)

As prescribed in 237.171-4

Use the clause at 252.237-7019, Training for Contractor Personnel Interacting with Detainees, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that are for the acquisition of services if—

      (a)  The clause at 252.225-7040, Contractor Personnel Supporting U.S. Armed Force(s) Deployed Outside the United States, is included in the solicitation or contract; or

      (b)  The services will be performed at a facility holding detainees, and contractor personnel in the course of their duties may be expected to interact with the detainees.

TRAINING FOR CONTRACTOR PERSONNEL INTERACTING WITH DETAINEES (JUN 2013)

      (a)  Definitions.  As used in this clause—

              “Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

              “Detainee” means a person in the custody or under the physical control of the Department of Defense on behalf of the United States Government as a result of armed conflict or other military operation by United States armed forces.

              “Personnel interacting with detainees” means personnel who, in the course of their duties, are expected to interact with detainees.

      (b)  Training requirement.  This clause implements Section 1092 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375).

              (1)  The Combatant Commander responsible for the area where a detention or interrogation facility is located will arrange for training to be provided to contractor personnel interacting with detainees.  The training will address the international obligations and laws of the United States applicable to the detention of personnel, including the Geneva Conventions.  The Combatant Commander will arrange for a training receipt document to be provided to personnel who have completed the training.

              (2)(i)  The Contractor shall arrange for its personnel interacting with detainees to—

                    (A)  Receive the training specified in paragraph (b)(1) of this clause—

                            (1)  Prior to interacting with detainees, or as soon as possible if, for compelling reasons, the Contracting Officer authorizes interaction with detainees prior to receipt of such training; and

                            (2)  Annually thereafter; and

                    (B)  Provide a copy of the training receipt document specified in paragraph (b)(1) of this clause to the Contractor for retention.

              (ii)  To make these arrangements, the following points of contact apply:

[Contracting Officer to insert applicable point of contact information cited in PGI 237.171-3(b) (DFARS/PGI view).]

              (3)  The Contractor shall retain a copy of the training receipt document(s) provided in accordance with paragraphs (b)(1) and (2) of this clause until the contract is closed, or 3 years after all work required by the contract has been completed and accepted by the Government, whichever is sooner.

      (c)  Subcontracts.  The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items, that may require subcontractor personnel to interact with detainees in the course of their duties.

(End of clause)

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items, that may require subcontractor personnel to interact with detainees in the course of their duties.

Mandatory (Exception);
Contractor Site ✖ Supplies ✖   DFARS 212.301 Applies when interacting with detainees in the course of their duties is required.);

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