What should a contractor take to afghanistan

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Learn more. Get federal business news in your inbox. Government and Contractor Property. Withdrawing from an unstable environment that is controlled by a foreign sovereign can create tricky questions about the appropriate disposition of property such as equipment and facilities.

The rules addressing the management and disposition of U. But contractors should not assume that it will be easy to implement those rules as the U. The government in some instances will want GFP to be transported out of the country for reuse, while in others it may decide to abandon or transfer the property to the Afghan government or other entities. These decisions may change, be delayed until the eleventh hour, or encounter practical barriers e. In all cases, however, the key to minimizing losses is early, continuous, and documented communication with the government about its plans for GFP.

Initiating these discussions now will help avoid misunderstandings down the road. These discussions also should address plans for any contractor-owned equipment, facilities, and other assets which may have been leased by or operated for the benefit of the U. In the past, miscommunications with the U. United States , F. United States , Fed. The preferable approach, of course, is to proactively engage your U.

With less than five months before the United States' scheduled withdrawal, government contractors in Afghanistan will soon face a wide range of complex contractual and operational challenges. Many of these challenges will be unavoidable and may not materialize for some time, but as explained above, contractors can and should take practical steps now that will protect their personnel, property, and bottom line if and when those challenges do arise.

Alex L. Sarria , asarria milchev. Jason N. Workmaster , jworkmaster milchev. Skip to main content. What's Your Exit Strategy? Litigation Alert. In most cases, the contractor will be required immediately to take the following actions: Stop work as stated in the notice but continue any non-terminated portions of work. Place no further subcontracts or orders for materials, services, or facilities, except as necessary to continue performing any non-terminated portions of work.

Terminate all subcontracts to the extent they relate to the terminated work. If directed by the contracting officer, assign all right, title, and interest of the contractor under the terminated subcontracts. In this scenario, the government will have the right to settle and pay any termination settlement proposals with such subcontractors.

If the right to settle with terminated subcontractors is not assigned to the government, settle all outstanding liabilities and termination settlement proposals with such subcontractors subject to approval and ratification by the contracting officer to the extent required by the government. Follow the contracting officer's instructions regarding the transfer, delivery, protection, preservation, disposition and sale of parts, completed work, supplies, materials, plans, drawings, information, and other property relevant to the contract.

Contractors tend to be most successful in such appeals when they can demonstrate that they: Complied with the terms of the Notice of Termination and the applicable Termination for Convenience clause. Met all relevant time deadlines, including for the submission of a termination settlement proposal, termination inventory schedules, responding to government requests for information, and appeals to the appropriate tribunal.

Accurately and comprehensively tracked all costs arising from the termination. Took reasonable steps to minimize costs, including with respect to subcontractors. Incurred the requested amounts due to the government's termination decision.

In CDA appeals involving changes or constructive changes, contractors are most successful when their underlying claim: Is supported by comprehensive, contemporaneous documentation. Describes the government actions and inactions that caused the contractor's increased costs or delays. Asserts the various facts and alternative legal theories they are likely to raise on appeal.

Seeks costs that are allowable, as defined in FAR Operational Issues: Likely Scenarios and How to Prepare Apart from the contracting issues discussed above, contractors in Afghanistan will soon face a host of operational challenges caused by the U. Government agencies. Keep the safety of all personnel still in Afghanistan as your highest priority and take whatever actions are available to keep them safe while in country and to facilitate the rapid evacuation of personnel out of Afghanistan.

Document the actions being taken and any costs incurred by increasing security or facilitating departures. This is important for two reasons. First, the Government may or may not reimburse such costs — see analysis below — but it certainly can refuse to pay costs that are not properly documented. Second, employees and subcontractors may bring tort or contract claims against prime contractors for injuries and trauma that they may suffer.

To the extent that contractors receive guidance or direction from the United States Government, whether from contracting and grants officers or otherwise, follow that guidance or direction to the maximum extent possible.

This will help in resolving contract claims later. The prudent course is to take reasonable steps, notifying the government contracting officers and other government officials in writing as far in advance as possible of the urgency of the planned steps and the basis for your actions — to give them a chance to confirm or object. As an example, one of our clients evacuated its personnel to Qatar but has not yet received government direction about whether their program and contract are ending.

Their personnel, unsurprisingly, want to return to the United States or to their country of origin. Surely evacuating personnel from Afghanistan was essential but sending those personnel home may put the underlying program and contract in jeopardy.

Clearly thinking through reasonable steps to mitigate the programmatic and financial fallout, and communicating that plan to the government, would be helpful in working through the contractual fallout from what the contractor does next. Some contractors have told us that, in the absence of a stop-work order from their customer, they intend to continue performing their prime contracts through Afghan subcontractors. This course of action may avoid many of the legal issues outlined below, but obviously brings substantial risks.

However, we suggest putting in place express agreements with subcontractors — and if possible, with any individuals staying in country — that acknowledge and accept the risks of continuing work in this non-permissive environment and release the prime contractor from legal liability for harm caused by the Taliban.

If the U. Government directs a contractor to continue working, such direction may entitle the contractor to immunity from tort suits by harmed employees. Understanding the scope of these defenses is important for any contractor remaining in country. She was previously editor of Inside Defense. By Marjorie Censer. Wednesday, Aug Civilian contractors prepare to load a mine-resistant, ambush-protected vehicle onto a flatbed trailer during a retrograde cargo operation on Bagram Air Field, Afghanistan, on July 12, About Marjorie Censer.

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