AAPD 09-01: Contract Clause and Assistance Provision for Awards in Iraq Subject Category: Assistance and Acquisition Management
AAPDs provide information of significance to all agency personnel and partners involved in the Acquisition and Assistance process. Information includes (but is not limited to): advance notification of changes in acquisition or assistance regulations; reminders; procedures; and general information. Also, AAPDs may be used to implement new requirements on short-notice, pending formal amendment of acquisition or assistance regulations.
PURPOSE: This AAPD provides a contract clause and assistance provision for use in Contracts, Grants and Cooperative Agreements involving activities in Iraq, a designated area of combat operations.
Required Action: Contracting Officers (COs) and Agreement Officers (AOs) will insert the attached clauses and provisions in accordance with the Guidance in Section 3 for solicitations and awards, including existing awards, involving activities in Iraq.
BACKGROUND: Section 861 of the National Defense Authorization Act for Fiscal Year 2008 (Act) directed the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development (USAID) to enter into a memorandum of understanding (MOU) related to contracting in Iraq and Afghanistan. The law specified a number of matters to be covered in the MOU, including the identification of each department’s and agency’s roles and responsibilities for matters relating to contracting in Iraq or Afghanistan, responsibility for establishing procedures for the movement and coordination of movement of contractor personnel in the two countries, and identifying a common databases to serve as the repositories of information on contracts and contractor personnel in Iraq or Afghanistan. The required MOU was signed by all three agencies in July 2008. While the MOU covers contracting matters in both Iraq and Afghanistan, at the present time this guidance only applies to Iraq. In the MOU, the three agencies agreed that DOD’s Synchronized Pre-Deployment and Operational Tracker (SPOT) database will be the system of record and repository for the contract and contractor personnel information required by Section 861. The MOU specified that SPOT will include information on contracts in Iraq with performance periods of more than 14 days or valued at more than $100,000. The three parties to the MOU have decided to apply these same requirements to grants and cooperative agreements implementing programs in Iraq. Information with regard to Iraqi entities and nationals will be entered once a classified system is in place.
