Contingency Contracting FM 100-10-2

Terminal Learning Objective Task: Conduct Contingency Contracting Operations. Condition: In a classroom environment . Standard: Implement procurement of items using the regulatory guidelines, necessary personnel, and parameters of Contingency Contracting

Enabling Learning Objective Action: Define Government Contracting. Condition: The Support Battalion, which you are assigned, is providing direct support during a contingency operation. You have been tasked, by your commander, to procure items for the repair of equipment that have commercial parts available. Standard: Define Contracting and the Principal Agency Theory as they pertain to Government Contracting.

GOVERNMENT CONTRACTING Oral or written agreement Enforceable by law Agency Theory Summary

AGENCY THEORY SUMMARY CONCEPT Government and contracting officer Agent Contracting officer Principal Government Third party Contractor Privity of contract Contractual relationship exists

AGENCY THEORY PRINCIPAL (GOVERNMENT) THIRD PARTY (CONTRACTOR) AGENT (PRIVITY) PRINCIPAL (GOVERNMENT) THIRD PARTY (CONTRACTOR) (PRIVITY) (AGENCY) AGENT SUBCONTRACTOR

ENABLING LEARNING OBJECTIVE (B) Action: Define Contingency Contracting. Condition: In a classroom environment. Standard: Identify the types of Contingency operations, and the operational concept of Contingency contracting.

CONTINGENCY CONTRACTING Contracting support to tactical and operational forces engaged in armed conflict and Stability and Support Operations (SASO), both domestic and overseas

TYPES OF DECLARED CONTINGENCIES Major Theater War (MTW) Operation Iraqi Freedom Smaller Scale Contingencies (SSC) Operation Just Cause (Panama) Stability and Support Operations (SASO) Arms control, counterdrug operations, nation assistance Domestic disaster/Emergency relief Hurricane Katrina

CONTINGENCY DEFINED A military operation, designated by the Secretary of Defense, where members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States An operation requiring the use of the military during a national emergency declared by the President or Congress Routine exercises are not contingencies NTC, CMTC, JRTC, Bright Star

PURPOSE OF CONTINGENCY CONTRACTING (FM 100-10-2 Contracting Support on the Battlefield) Immediate procurement of essential supplies, services, and minor construction needed to sustain deployed forces Supplements organic combat service support (CSS) capabilities

BENEFITS OF CONTINGENCY CONTRACTING Multiplier of combat service support Frees up airlift and sealift Supplements Host Nation Support (HNS), and Logistics Civil Augmentation Program (LOGCAP)

OPERATIONAL CONCEPT Contingency Contracting – provided thru a new Army modular contracting concept described below – Contingency Contracting Officers are no longer assigned to BDEs/DIVs Deployment of Contingency Contracting support tailored based on: Operational Mission Area of Operations Available assets Contingency Contracting support provided on an area basis Contingency Contracting Team (CCT) – a 4-person team that is the basic unit of operation and is designed to support at the Brigade Combat Team (BCT) level Senior Contingency Contracting Team (SCCT) – leads 3-5 CCTs, and also advises the Commander at the division/corps Contingency Contracting Battalion (CC Bn) – provides C2 over all Army CCTs and is attached to the AMC Army Field Support Brigade (AFSB) when deployed Contracting Support Brigade (CSB) - provides acquisition authority to CCTs and commands the CC Bns when deployed to a theater of operation CSBs integrate support with Joint and strategic partners and develops the theater contingency contracting support plan

LOGISTICS CIVIL AUGMENTATION PROGRAM Logistics Civil Augmentation Program (LOGCAP) is a force multiplier for contingency operations “UMBRELLA CONTRACT” First awarded in August 1992 and used in December 1992 to support all US Forces and UN forces operating in Somalia AR 700-137

ENABLING LEARNING OBJECTIVE (C) Action: Identify the contracting support personnel Condition: The Support Battalion, which you are assigned, is providing direct support during a contingency operation. You have been tasked, by your commander, to procure items for the repair of equipment that have commercial parts available. Standard: IAW FM 100-10-2

CONTRACTING SUPPORT PERSONNEL CONTINGENCY CONTRACTING OFFICER (CCO) ORDERING OFFICER (OO) CONTRACTING OFFICER’S REPRESENTIVE (COR) CLASS “A” (DISBURSING) AGENT INTERNATIONAL MERCHANT PURCHASE AUTHORIZATION CARD (GPC) HOLDER

CONTINGENCY CONTRACTING OFFICER (CCO) Responsive support to the customer Comply with laws and regulations Apply sound business judgement Operate in emergency environments

LTs are prime targets for duty ORDERING OFFICER (OO) ELIGIBILITY- Military personnel, or DOA civilians LTs are prime targets for duty TRAINING Conducted by the Directorate of Contracting APPOINTMENT BN level CMDRs request appointment

ORDERING OFFICER (OO) STANDARDS OF CONDUCT Must avoid doing or appearing to do anything improper. Examples of improper conduct include: Accepting anything of value from a vendor Making purchases from a vendor in which there is a financial interest. Seeking private employment with a vendor Adversely affecting the confidence of the public When in doubt, refer to DOD Joint Ethics Regulation/Federal Acquisition Regulation (FAR).

ORDERING OFFICER (OO) AUTHORITY TO PURCHASE PURCHASE REQUEST Delegated by a government contracting officer PURCHASE REQUEST Standard form 44

ORDERING OFFICER (OO) BULK FUNDING PURCHASE DA FORM 3953- Purchase request and commitment (Funds Certification) Cover of SF 44 track funds spent (US DOLLARS) ANTI-DEFICIENCY ACT CLASS ‘A’ AGENT - May have funds available, HOWEVER- cannot spend more than authorized

ORDERING OFFICER (OO) AUTHORIZED ITEMS LETTER OF APPOINTMENT Certain items are never authorized for purchase by an Ordering Officer: Ammunition or explosives Personal services MTOE equipment Construction Any single purchase costing more than $2500 (All purchases shall be “over the counter”)

ORDERING OFFICER (OO) Fair and reasonable prices Making the purchase Two or more quotes Making the purchase Properly requested Authorized item The price is fair and reasonable

ORDERING OFFICER (OO) Supervision Letter of appointment Report to contracting office on a weekly and monthly basis

CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTED BY CCO MONITOR AND ENFORCE CONTRACT CCO MUST TERMINATE COR AT THE CONCLUSION OF THE CONTRACT

CLASS “A” (DISBURSING) AGENT APPOINTED BY Finance & Accounting Office (F&AO) NOMINATED BY COMMAND MAKE CASH PAYMENTS SENIOR NCOs AND HIGHER CAN NOT SERVE AS AN OO OR CCO DISBURSING AGENT ONLY

Government Pruchase Card (GPC) APPOINTED BY COMMANDS $2500.00 LIMIT PER PURCHASE INCREMENTATION PROHIBITED

TRAINING CONTRACT PERSONNEL F&AO TRAINS THE CLASS “A” AGENT CCO TRAINS THE COR, AND GPC HOLDER ALL PERSONNEL MUST BE TRAINED PRIOR TO OPERATION IN A CONTINCENCY SITUATION

CONTROL MEASURES CONTRACTING PERSONNEL LETTER OF APPOINTMENT OO AND COR REPORT TO CCO WEEKLY/MONTHLY CLASS “A” AGENT REPORTS TO F&AO WEEKLY GPC MUST BE RECONCILED MONTHLY Recommend FLAGGING of OOs, Class “A” agents, and GPC until accounts are clear.

ENABLING LEARNING OBJECTIVE (D) Action: Identify the purchasing methods and the Federal Acquisition Regulations. Condition: The Support Battalion, which you are assigned, is providing direct support during a contingency operation. You have been tasked, by your commander, to procure items for the repair of equipment that have commercial parts available. Standard: Define the purchasing methods and governing Federal Regulations used during Contingency Contracting.

METHODS OF PURCHASE PURCHASE ORDERS BLANKET PURCHASE AGREEMENT (BPA) DD FORM 1155/SF 1449 ONE DELIVERY AND ONE PAYMENT BLANKET PURCHASE AGREEMENT (BPA) CHARGE ACCOUNT

METHODS OF PURCHASE PURCHASE ORDER- INVOICE-VOUCHER (SF 44) POCKET SIZED FORM FOR ON-THE-SPOT PURCHASE FUNDING LIMITATIONS IMMEDIATE AVAILIBILITY ONE DELIVERY AND ONE PAYMENT MUST BE THE MOST ECONOMICAL AND EFFICIENT

METHODS OF PURCHASE GPC PROHIBITED USES $2500.00 PER TRANSACTION INCREMENTATION PROHIBITED PROHIBITED USES CASH ADVANCES RENTAL OF LEASE OF LAND OR BUILDINGS TELECOMMUNICATIONS SERVICES

FEDERAL REGULATORY GUIDANCE FEDERAL ACQUISITION REGULATION (FAR) DEFENSE FEDERAL ACQUISITION REGULATION (DFAR) ARMY FEDERAL ACQUISITION REGULATION (AFAR)

SUMMARY Government contracting overview Contingency contracting Types of contingencies Elements of a contingency Operational concept of contingency contracting Contract support personnel Methods of purchase Regulatory guidance