Contingency Contracting Training - PowerPoint Presentation

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Contingency Contracting Training

Agile Contracting Support…Anytime…Anywhere

Types of ContingenciesSlide2

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OverviewDefine and Explain contingency contractingIdentify sources of guidance for performing contingency contractingCompare the various types of contingencies

Explain the 4 phases of contracting supportDiscuss waivers and deviations authorizedIllustrate expedited contracting proceduresSlide3

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Definition of a ContingencyAn emergency involving military forces caused by natural disasters, terrorists, subversions, or by required military operations (JP 1-02)Slide4

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Declared vs Non-Declared ContingenciesDeclared ContingencyDeclared by the President or CongressDesignated by Secretary of Defense

Invokes 10USC 2302(7) SAT to $1MContracting outside US in support of contingencyNon-Declared Contingency

Direct contracting support to tactical and operational forces engaged in the full spectrum of armed conflict and MOOTW, both domestic and overseasSlide5

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Indentify Sources of Guidancefor Performing Contingency ContractingSlide6

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Sources of GuidanceAFARS Manual No. 2AFARS Appendix CCNavSup Instruction 4230.37A

NavSup Pub 713MCO P4200.15, Appendix BDLA Directive 5000.4, Part II Chapter 12(not in your reference book)Slide7

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Compare and Contrast the Various Types of Contingencies That DoD

Contracting Organizations SupportSlide8

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Types of ContingenciesMajor Theater War (MTW)Smaller-Scale Contingencies (SSC)Military Operations Other Than War (MOOTW)

Domestic Disaster / Emergency ReliefExercises:Not “declared” contingencyNational interests not at stake

Sense of Urgency and mission pressure is realNo special relief from laws, regulations givenSlide9

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Mature vs Immature TheaterWhere would you find it more difficult to conduct contracting operations?Bosnia

Central AmericaSaudi ArabiaSomalia Slide10

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Mature vs Immature TheaterFactors:InfrastructureDistribution system

Vendor baseVendor experience Slide11

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Explain the Four Typical Phases of Contracting Support During

ContingenciesSlide12

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Phases of ContingenciesFour phases: Mobilization / Initial DeploymentBuild-Up Sustainment

Termination/RedeploymentSlide13

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Initial DeploymentSupport Requirements:Responsiveness (#1 priority)Initial focus on personnel support requirements

Food, water, billeting, transportationAllow units to see critically short airlift on wartime capability munitions, personnel, airlift sparesSlide14

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Initial DeploymentResponsibilities:Contracting may be initially responsible for:

Establishing requirementsWriting specifications / statement of work

Receipt / delivery of itemsPaying agent dutiesSlide15

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Initial DeploymentContractual MethodsSF 44 and cash

Blanket Purchase AgreementsLimited use of:

Purchase ordersImprest fund

Third party draftsGCPCSlide16

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Build-UpTypes of RequirementsConstruction supplies and servicesOffice equipment / furniture

Quality of life / MWR itemsRequisition controlsPurchasing methodsFunding reimbursementsSlide17

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SustainmentTypes of items / servicesRequirement consolidationEstablish long term contracts

Establish procedures to acquire items outside AORDevelopment of 24-hour source listSlide18

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Termination / RedeploymentPersonnel support contractsContract closeoutContract reporting / file documentation

Transition to follow-on forcesAAR / lessons learnedSlide19

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Contracting During HostilitiesContractor shortcomingsPersonnel may refuse to workService contractor restricted from base

Due to terrorist threatCCO constraints

CCOs restricted to base, purchases made by phoneLimited buying time-contractors closed after dark

Contractors demand “cash and carry”Interface with Intel to determine threatSlide20

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Discuss Waivers / Deviations and Explain Expedited Contracting

Procedures in Contingency OperationsSlide21

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Waivers and DeviationsAssumptions:Regulatory / statutory requirements relaxedAll requirements are urgent, high priority

Deployed CCOs will have requisite authority to perform assigned missionAdditional authority / responsibility can be delegated (if you ASK!)Slide22

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LimitationsCost-Plus-Percentage-Of-CostApplicable AgreementsHost Nation

Inter-service SupportStatus of ForcesTreaties

Combatant Commanders (CINC) General OrdersSlide23

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War and Emergency LegislationTemporary emergency procurement authority (impact expired end of 2003)Homeland Security Act

Micro purchase impactSAT impactSlide24

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War and Emergency LegislationDPA of 1950 / Defense Priorities & Allocation System (DPAS)Rated orders, US Ktr’s only (DX, DO, and unrated)

Contracts in support of rated weapon systems carry “rating” of the programCCOs will be 99.9% unrated contract actionsSlide25

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Existing Authority to Expedite Contracting ActionsIssuing synopses (FAR 5.202)Limiting sources (FAR 6.302-2,-4)

Commercial items (FAR Part 12)Increased SAT (DFARS 213)Using oral solicitations (FAR 13.106, and 15.203(f))

Awarding letter contracts (DFAR 217.74)Waiving bid bonds (FAR 28.101-1) and payment & performance bonds (FAR 28.102-1)

Award prior to resolution of protest (FAR 33.104)Slide26

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Additional Authority to RequestLeave above CCOCOCO authority from PARC

(Army), O2 (Navy), and LGC (AF)Appointment of OOs

Approval of J & As Entering letter contractsReappointment of Kos

One-Time deviations from FARSlide27

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Exemptions for Foreign AcquisitionsSubject to:Awarded in foreign country

To foreign vendorFor performance / delivery in foreign countryExempt from most U.S. Socio-Economic Laws

Caveats!Slide28

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Clinger – Cohen Act (FARA)J & A thresholdsPosting threshold for actions under SAT$5M SAT for commercial items

Clarification of micro-purchase authoritySlide29

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SummaryDefine and Explain contingency contractingIdentify sources of guidance for performing contingency contractingCompare the various types of contingencies

Explain the 4 phases of contracting supportDiscuss waivers and deviations authorizedIllustrate expedited contracting proceduresSlide30

Agile Contracting Support…Anytime…Anywhere