Appendix D
Sample Contracting Support Plan
The following is a sample of a contracting support plan for a contingency operation. It offers a general description of the content that may be found in a typical plan. However, actual plans will vary depending on the nature and scope of the operation.
UNCLASSIFIED
APPENDIX 9 (CONTRACTING SUPPORT PLAN) TO ANNEX N (LOGISTICS) TO 3D (US) ARMY OPLAN 99-1 (ATLANTIC VICTORY)
REFERENCES
a. Federal Acquisition Regulation (FAR)
b. Defense Federal Acquisition Regulation Supplement (DFARS)
c. Army Federal Acquisition Regulation Supplement (AFARS)
d. Army Federal Acquisition Regulation Supplement Manual No. 2, Contingency Contracting
e. DOD Inst. 3020.37, Continuation of Essential DOD Contractor Services During Crises
f. Field Manual No. 63-3, Corps Support Command, 30 Sep 1993
g. Field Manual No. 100-7, Decisive Force: The Army In Theater Operations, May 1995
h. Joint Operation Planning and Execution System (JOPES), Vol II, Joint Pub 4-01, Mobility System, Policies, Procedures
i. Joint Operation Planning and Execution System (JOPES), Vol II, Joint Pub 5-03.2, Planning and Execution Formats and Guidance
j. Joint Pub 4-0, Doctrine for Logistic Support of Joint Operations
k. AMC-P 715-8, AMC Contractor Deployment Guide for Contracting Officers
l. Appendix 14 (LOGCAP) to Annex Q (Service Support) to 3rd US Army OPLAN 99-2 (ATLANTIC VICTORY)
m. 3rd Army Tactical SOP
1. General
a. Purpose. To set forth a contingency contracting operational concept and support plan to ensure mission essential supplies and services unavailable through normal logistics channels or Host Nation Support will be provided for all US forces under this OPLAN.
b. Scope. This appendix covers the planning for contracting under a single service support organization for purchasing, renting, leasing, or otherwise obtaining supplies, services and construction from non-federal sources for use by all US forces in the theater of operations.
c. Control
(1) Procurement and administrative responsibility will be conducted by the 110th Theater Support Command (TSC). The Commander, 3rd Army, will be the Head of Contracting Activity (HCA). He will provide contracting policy, procedures, and contingency contract planning for the theater. In addition to the HCA, the 110th TSC contracting organization will include the Principal Assistant Responsible for Contracting (PARC). The PARC will be dual-hatted as the contracting organization commander. All contracting offices within the contingency area of operation will function under the 110th TSC contracting organization for either direction or guidance. All deploying contracting officers and ordering officers will have their warrants and appointments letters, respectively, issued by the HCA or PARC, within 30 days of arrival to theater, except for the Engineer contracting personnel who by law receive their warrants from the US Army Corps of Engineers. Because it is essential for the efficient operation of the contracting mission, the Chief of a Contracting Office may issue appointment letters to qualified ordering officers only. Ordering officers may purchase items with imprest funds: purchase over-the-counter goods not exceeding $2,500; and place basic purchase agreements (BPAs) against pre-priced indefinite delivery type supply and service contracts provided the contract terms permit it and all orders are placed within the monetary limitations of the contract terms. Deploying officers will be authorized to perform contracting duties immediately upon entering the theater for a period of 30 days citing authority to do so from their warrants and appointment letters issued to them at their home station. Non-theater HCA's shall not appoint contracting officers for in-theater contracting and shall not authorize the award of contracts for in-theater services without 110th TSC/HCA/PARC approval.
(2) The PARC will immediately deploy contracting Forward Area Support Teams (FASTs) consisting of contracting officers and ordering officers to the contingency site to perform initial purchasing. The PARC will coordinate with the CJTF SJA for legal support to accompany these teams and to support all contracting operations in theater.
(3) Resource management personnel from 3rd Army Finance are responsible for monitoring and administrating all contract funding under this OPLAN.
(4) The PARC will have direct access to the 3rd Army Commander in his capacity as the HCA, in order to fulfill the PARC's and HCA's statutory and regulatory responsibilities.
d. 3rd Army Contingency Contracting Organization
(1) The main 3rd Army contingency contracting organization will consist of the: Office of the PARC; Support Section; Contracting Office, which consists of the Simplified Acquisition Section and Contracts Division; and Contract Management Section.
(2) The PARC is located at the contracting activity level with direct access to the HCA. The Office of the PARC will provide oversight to ensure that all purchases subject to the FAR, DFARS, and AFARS are properly executed by contracting officers selected and appointed pursuant to AFARS 1.603.
(3) The Contracting Office will:
(a) Approve actions requiring approval at a level above the contracting officer and by the Chief of the Contracting Office for the customers this office supports.
(b) Review contractual actions to ensure compliance with statutes and regulations.
(c) Develop and execute a program to ensure maximum competition.
(d) Assure a positive program for audit tracking.
(e) Accomplish internal reviews to assure regulatory and procedural compliance.
(f) Ensure that the contracting function is not overly decentralized by the indiscriminate appointment of ordering officers.
(g) Provide oversight for the operations of the Contracts Division and the Simplified Acquisition Division.
(4) The Support Section will provide support and services required to ensure efficient contract execution and administration. It will:
(a) Administratively support the contracting office to include: computers, telecommunications, transportation, supply, clerical assistance, and office space.
(b) Develop, assemble, and maintain contracting deployment kits tailored for use in the host nation.
(c) Maintain records, process data, and prepare reports of procurement actions as required.
(d) Provide status reports and follow-up data to management.
(e) Operate the Standard Army Automated Contracting System (SAACONS) to funnel contingency contracting data into the Federal Acquisition Computer Network (FACNET). In the event the SAACONS system becomes inoperable or inaccessible, Division personnel will coordinate for and send data to an International Maritime Satellite Organization (INMARSAT) satellite.
(f) Perform cost and price analysis and on-site review of contracting documents. Identify areas for prevention of fraud, waste, abuse, for referral to proper authorities, and provide support for property administration.
(5) The Simplified Acquisition Section will plan, solicit, execute and administer supplies, services, and construction procurements using simplified purchase procedures. It will:
(a) Initiate and complete appropriate purchase actions for the acquisition of supplies, services, and construction needs to support all assigned customers.
(b) Provide data for use in preparing procurement action reports.
(c) Prepare management reports as required (DD Form 1057).
(d) Resolve all adverse actions associated with simplified acquisition requirements.
(e) Close-out completed purchase actions and dispose of purchase files.
(f) Operate an imprest fund.
(g) Under the provisions of AFARS Part 13, supervise the use of credit cards for micro and simplied acquisition within the theater.
(6) The Contracts Division will plan, solicit, and execute procurement of supplies, services, and construction material utilizing other than simplified purchase procedures. It will:
(a) Initiate and complete appropriate contracts for the acquisition of supplies, services, and construction requirements to support all assigned customers.
(b) Assist customer activities in preparing performance work statements (PWS) and purchase descriptions, and in executing advance acquisition planning to ensure efficient and economical use of allotted time and funds.
(c) Resolve all adverse actions associated with acquisition requirements.
(d) Provide data for use in preparing procurement action reports (DD Form 350).
(e) Prepare management reports as required.
(f) Plan, select, execute, and administer purchases using non-appropriated funds for morale, recreation, and welfare purposes in accordance with AR 215-4.
(7) The Contract Management Section will administer and manage all contracts, other than simplified acquisitions, to include service contracts. It will:
(a) Administer contracts, awarded by the contracts division, from award to close-out.
(b) Coordinate for the Defense Logistics Agency (DLA) to perform contract administration services (CAS) on all contracts not within the management capability of the Contract Management Division.
(c) Coordinate technical and administrative efforts to ensure the government's best interest is served when the customer receives the supplies and services established by the contract.
(d) Prepare and issue contract modifications, administrative changes, and termination agreements.
(e) Assist and prepare or issue the contracting officer's decisions, replies to Congressional inquiries, litigation documents, and cure or show cause notices as required.
(f) Appoint CORs and oversee the quality assurance surveillance and evaluation of contract performance.
(g) Close-out completed contracts and dispose of contract files.
e. Wartime Host Nation Support (WHNS) Program
(1) The WHNS program is a series of agreements with the host nation addressing the following: transportation, civilian labor, services, rear area protection, contracting, petroleum, oils, lubricants, acquisition of equipment, telecommunications, supplies, health service support, facilities, and language support.
(2) Contingency contracting does not replace WHNS support. Contracting will be used to supplement the standard logistics system using WHNS or near nation contracting to provide the required services or supplies in a timely manner. This includes initial purchase and resupply. 3rd Army (non-WHNS) or near nation contracting support will be the first priority to meet the demand without risk to the timeliness of a requirement. This includes the Logistics Civil Augmentation Program (LOGCAP).
(3) The WHNS program is designed to protect identified contracts between the US Government and host nation contractors that directly support a contingency situation. Protection will ensure manpower and materials are available to perform the terms of the contracts. The 110th TSC Contingency Contracting Organization, in conjunction with WHNS, will coordinate with the host nation to ensure compliance.
2. Assumptions
a. During a contingency, the host nation is expected to nationalize part or all of their industrial base. Local contractor sources will become scarce due to this nationalization and anticipated businesses closing. This will limit contracting operations and will create an environment of scarce resources.
b. 3rd Army contingency contracting will continue to operate under regulatory guidance as modified and approved through requested waivers.
c. Because of the urgent/high priority nature of most supplies and services requested, reduced lead-times and expedited delivery requirements can be expected.
d. Limited authority and responsibilities for purchasing can be delegated to an ordering officer.
e. The CJTF will activate a Joint Acquisition Review Board.
f. Existing DOD contracting officers and contracts in the area of operations will be utilized wherever possible.
3. Concept of Acquisition Support
a. The Commander of 3rd Army, as the HCA, provides joint service contingency contract planning and guidance for 3rd Army.
b. Forces Command (FORSCOM) is the designated CONUS DOD contracting activity for 3rd Army support. Procurement requests requiring CONUS-base acquisition will be forwarded from the 110th TSC Contracting Directorate to the designated FORSCOM activity for action.
c. The 110th TSC Contracting Directorate will control all US contingency contracting activities in the theater. All Army agency and service contracting personnel, except those from DLA, USAMC, MTMC, DCAA, GSA, and the USACE, will be attached to the TSC. Once personnel are attached the HCA or PARC will have the authority to place contracting personnel under operational control (OPCON) or DS to their original units.
d. Units or activities requesting support will submit requirements IAW procedures in 3rd Army Tactical SOP.
e. Before accepting requisitions for fulfillment through the contracting process, contracting officers and ordering officers will ensure that the requisitions have been validated by the appropriate J4/G4/S4 (IAW the J4 Annex) and that funds proper for the procurement have been certified as available by the resource managers supporting the requesting unit.
f. Routine and otherwise planned requirements needed locally are likely to be prioritized through the host nation and may require purchase out of country and OCONUS. Primary support will be provided by USAREUR through near economic centers on the European continent. Other economic centers will be identified as necessary.
g. The contingency contracting organization will coordinate with TRANSCOM through the J-4 for out of country transportation assets, such as Civil Reserve Air Fleet (CRAF), to meet unplanned transportation requirements.
4. Responsibilities
a. 3rd Army Commander will:
(1) Function as the HCA and theater acquisition executive.
(2) Provide overall guidance throughout the contingency and act as the approving authority as stipulated by the FAR, DFAR, and AFARS.
(3) Develop and maintain MOA's with other services to provide contingency contracting support.
(4) At the start of a contingency, submit all requests for contracting waivers, deviations, and special authorizations.
(5) Monitor plans originating from Army Staff.
(6) Appoint a PARC.
(7) Develop and maintain contingency contracting plans.
(8) Approve warrants for contracting officers, or delegate this authority to the PARC.
b. The PARC/110th TSC Director of Contracting will:
(1) Head an organizational element reporting directly to the HCA for policy statutory and regulatory matters.
(2) Maintain surveillance over contracting performance to ensure adequacy of organizational structure, staffing, and training program of each contracting office.
(3) Direct all contracting activities assigned or attached to the 3rd Army contingency area and will accomplish missions assigned by the HCA or 110th TSC Commander.
(4) Notify subordinate commands and deploy FASTs.
(5) Coordinate with PERSCOM to deploy qualified contracting personnel under contingency conditions from divisions and MACOMs as needed.
(6) Develop contracting regional offices and ensure contracting personnel are deployed forward. Consistent with the availability and security of the vendor base necessary to provide contracting support, warranted Contracting Officers and Ordering Officers will operate under the following conditions and limitations: Corps Level - unlimited for lead Contracting Officer and $200,000 limit for all other Contracting Officers after contingency is declared. Additionally, lead Contracting Officers at the Corps Level will serve as Chief of Regional Contracting Offices and will have the authority to approve actions at a level above the contracting office and Chief of the Contracting Office for the customers they support; Division Level - $200,000 limit for lead Contracting Officer and $50,000 limit for all other Contracting Officers; and Brigade Level and Lower - $2,500 limit.
(7) Establish policies and procedures for developing, reviewing, and managing the contingency contracting process and administrative plans to control documents, maintain records, and conduct audits of procurement actions for simplified acquisitions (imprest funds, SF 44s, credit cards, etc.) as well as large contracts.
(8) Coordinate inter-command and inter-service agreements detailing contracting support relationships.
(9) Monitor procedures and the appointment of contracting officers and ordering officers.
(10) Coordinate operational plans or requirements originating with Army Staff.
(11) AAE/ASA(ALT) has delegated authority to the PARC to process individual deviations, waivers, and special authorizations per DFARS 250.201-70.
(12) Review HNS, Status of Forces, and Assistance in Kind Agreements or any treaties that may provide billeting, food, water, and ice, transportation, and utilities (to include communications).
(13) Establish policies and procedures for Non-appropriated Fund (NAF) contracting support.
(14) Ensure automation for contracting is on-site for the main organization, as well as, forward offices to facilitate requisition document controls, priority processing, reporting procedures, standard use of specifications for common and repetitive requirements, and as a means of expediting accurate application of clauses and provisions.
(15) Provide input to the 110th TSC for accountability policy of contracted property (leased and purchased).
(16) The PARC will be dual slotted as the PARC and the Theater Contracting Commander.
(17) Per delegation from the HCA, the PARC will nominate an individual from the support section to be the Competition Advocate.
c. The Chief of the Contracting Office will plan, direct, and supervise the purchasing and contracting for supplies, services, and construction for assigned customers.
d. 110th TSC Contracting Directorate will:
(1) Provide contingency contracting support to all US forces in the theater of operations. Validate and reissue contracting warrants of all contracting personnel deployed to the theater. Deployed personnel existing warrants may be used for a period not to exceed 30 days.
(2) Provide centralized control for all contracting personnel deployed in support of a contingency.
(3) Develop and maintain detailed plans for performing contingency contracting:
(a) Prepare Contingency Contracting Support Plans (CCSP) to identify sources and procedures for support away from the main operational areas.
(b) Prepare a plan for receiving and providing logistical support for augmentees.
(4) Ensure requirements of DODINST No. 3020.37, Continuation of Essential DOD Contractor Services During Crises, are met.
(5) Provide contracting personnel to participate in 3rd Army joint services contingency exercises in coordination with the CFLCC, J-4.
e. 3rd Army Finance Command
(1) Provide finance and accounting support to the 110th TSC Contracting Directorate.
(2) Through deployed subordinate finance elements, provide sufficient assets to make payments and disbursements for all contracting actions executed in the theater of operations.
f. The United States Army Engineer District will:
(1) Comply with the requirements of this OPLAN.
(2) Provide primary construction over $300,000 and real property contract and lease support.
(3) Coordinate plans with the HCA and PARC.
(4) Provide a Liaison Officer to the 3rd Army Office of the PARC.
g. Organic contracting personnel from Deployed Units, except GSA, DLA, USACE, USAMC's LSE, and MTMC, will:
(1) Be detached from their parent units and attached to the 110th TSC Contracting Directorate.
(2) Coordinate with the nearest operating location within 30 days to ensure support, obtain in-theater warranted contracting authority, and verify operating location.
(3) Have contracting representatives remain in the theater for a minimum of 90 days after termination of the contingency to close out contracts and procurement actions turning functions over to the main contracting organization at the contracting headquarters, unless released earlier by the PARC. As needed, ordering officers and FAST teams will be maintained to continue contracting requirements. As the main element redeploys, a team of contracting personnel will remain in the area of operations until contracting requirements cease and ongoing procurement activity is closed out.
h. DLA will:
(1) Establish a Deployable Defense Contract Management Area Operations (DDCMAO) in the theater to provide Contingency Contract Administrative Services (CCAS) as required.
(2) Comply with the requirements of this OPLAN.
(3) Perform contract administration services by maintaining cognizance over currently delegated contracts.
(4) Provide supply support and technical and logistics services to all military service.
(5) Provide a Liaison Officer to the 3rd Army Office of the PARC.
i. The US Army Materiel Command (USAMC) Logistics Support Element (LSE) will be responsible for all depot level maintenance, logistics assistance representatives, and contracted advisory and technical assistance support in theater. During the operation, the primary objective of the LSE will be to sustain readiness by operating as far forward as feasible, minimizing the evacuation of critical reparables from the theater of operations. After decisive operations, the LSE may assume a larger role in providing theater support as troop units redeploy to CONUS.
j. Military Traffic Management Command (MTMC) will be:
(1) Responsible for all port operations in the theater.
(2) The USTRANSCOM executive agent in theater for moving and sustaining unit equipment by surface from CONUS into theater for all services.
k. General Services Agency (GSA) will:
(1) Be responsible for purchasing telecommunications support and scheduled supplies required in theater.
(2) Establish a liaison office in theater.
l. DCAA will provide auditor support in country.
m. Joint Acquisition Review Board will:
(1) Coordinate service acquisition activities.
(2) Integrate the acquisition flow with the overall theater logistics operation.
(3) Be chaired by the CJTF J-4 and comprised of representatives from ARFOR, NAVFOR, MARFOR, AFFOR, Civil Affairs, Legal, HNS, CJTF J-4 Rep, CJTF Controller Rep, CJTF Engineering Rep, and Host Nation LNOs.
(4) The 3rd Army PARC will be an ARFOR representative along with other ARFOR representatives designated by the 3rd Army commander and accepted by the CJTF.
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