Military

Frederick the Great
Instructions (1747)

Planning permits rapid, coordinated action by staffs and other elements of the command. It also permits the command to respond to rapidly changing situations. Adequate, practical planning is essential to the success of contracting support and is an essential part of the environment of both the operational planner and the contracting manager. Operational planners at all levels must actively involve contracting managers in the planning process to ensure that contracting support is a considered support option, and when used, it will be responsive to the needs of the command. Success requires advance knowledge of expected support requirements so that a responsive approach can be developed and potential sources identified. Planning for contracting support follows the same process as other planning, and is part of both the deliberate and crisis action planning (CAP) processes. Properly included in the planning process, contingency contracting personnel locate vendor bases within and near the mission area, identify supplies, services and equipment available from the local economy, and advise the commander how to leverage this commercially available support. This allows planners to maximize available airlift and sealift assets. CCOs also help commanders avoid basing their plans on false assumptions about the availability or suitability of commercial support.

The foundation upon which planning is based is the military decision-making process (MDMP). MDMP is a single, established, and proven analytical process. (See Figure 3-1.) It is an adaptation of the Army's analytical approach to problem solving. The MDMP is a tool that assists the commander and staff in developing estimates and a plan. It helps them to examine the battlefield situation and reach logical decisions. The process helps them apply thoroughness, clarity, sound judgement, logic, and professional knowledge to reach a decision. The full MDMP is a detailed, deliberate, sequential, and time-consuming process used when adequate planning time and sufficient staff support are available to thoroughly examine numerous friendly and enemy course of action. This typically occurs when developing the commander's estimate and OPLAN's, when planning for an entirely new mission, and during extended operations. The MDMP is also the foundation on which planning in a time-constrained environment is based. The products created during the full MDMP can and should be used during subsequent planning sessions when time may not be available for a thorough relook, but when existing METT-TC factors have not changed substantially. For a full discussion of MDMP, refer to Field Manual (FM) 101-5.

Contingency plans can be developed and refined during peacetime conditions. This process, called deliberate planning, results in approved operation and supporting plans (Figure 3-2). Contracting support planning for operations conceived under the deliberate planning process is continuous, consisting of detailed planning for supporting initial deployment of forces and sustainment after their arrival in the theater. The process begins with assignment of a task in the joint strategic capability plan (JSCP) to a combatant commander and ends with the approved OPLAN. Geographic combatant commanders develop a concept of operations for each JSCP assigned task. Component commanders and subordinate joint force commanders use the OPLAN to develop their supporting plans. Plans for contracting support are identified and contained in an appendix of Annex D of a Joint OPLAN, or Annex I of an Army OPLAN, and contain the commander's contracting support plans and procedures.

While deliberate planning is conducted in anticipation of future events, situations arise that require immediate US military response. While such situations may approximate those previously anticipated in deliberate planning, they sometimes are complete surprises. Usually, the time available to plan responses to such events is short. In as little as a few hours, a feasible course of action must be developed and approved. Timely identification of resources required to ready forces, schedule transportation, and prepare supplies for the movement and employment of forces is essential. In such crises, or time-sensitive situations, CAP procedures are used. CAP emphasizes the time available, rapid and effective communications, and the use of previously accomplished contingency planning where possible. CAP uses a phased approach to planning, as shown in Figure 3-3. As with the deliberate planning process, OPORDS that result from the CAP contain appendixes to the logistics annex to address the contracting support plans and procedures for the particular operations.

PHASE I

SITUATION DEVELOPMENT

PHASE II

CRISIS ASSESSMENT

PHASE III

COA DEVELOPMENT

PHASE IV

COA SELECTION

PHASE V

EXECUTION PLANNING

PHASE VI

EXECUTION

EVENT

EVENT OCCURS WITH NATIONAL SECURITY IMPLICATIONS

ASSESSMENT RECEIVED

CJCS PUBLISHES WARNING ORDER

CJCS PRESENTS REFINED AND PRIORITIZED COAs TO NCA

CINC RECEIVES ALERT ORDER OR PLANNING ORDER

NCA DECISION TO EXECUTE OPORD

ACTION

OUTCOME

Logistics preparation of the theater is a key tool available to a CINC or ASCC and their planners in building a flexible theater strategic operational support plan. It consists of the actions taken by logisticians at all echelons to optimize means -- force structure, resources, and strategic lift -- of logistically supporting an operations plan. These actions include identifying and preparing forward operating bases; selecting and improving LOC; projecting and preparing forward logistics bases; and forecasting and building operational stock assets forward and afloat. They focus on identifying the resources currently available in the theater for use by friendly forces and ensuring access to them. A detailed logistics estimate of requirements, tempered with logistics preparation of the theater, allows the command logistician to advise the commander of the most effective method of providing support that will not overwhelm the logistic system. See Figure 3-4, which illustrates the elements of the logistics preparation of the theater.

Contracting personnel play an integral role in logistics preparation of the theater. Commanders, by including their contracting officers in mission planning from the outset, allow mission planners to leverage commercially available support to augment organic CSS capabilities. Contracting personnel identify commercially-available goods and services in or near the mission area, then help logistics planners determine how best to integrate those potential assets into their logistics concept of support. For example, contracting personnel might identify available commercial billeting and catering which planners can utilize to support the theater RSO&I mission, allowing commanders to forego or delay transporting tentage, or Force Provider assets, saving critical airlift or sealift assets. Contracting personnel likewise inform the commander and staff of limitations of the local market, such as line-haul transportation, helping them avoid basing plans on false assumptions of what they might locally procure. Contingency contracting personnel often help logistics planners support deploying forces while organic CSS assets are themselves enroute to the operational area. Using this input, commanders better integrate organic CSS capabilities, available host nation support, contingency contracting, support contractors, and LOGCAP to support their soldiers and accomplish their mission.

CSS includes support rendered by service forces in providing supply, maintenance, transportation, health services, religious support, and other services required by units to accomplish their missions in combat. CSS encompasses activities at all levels of war that sustain operating forces on the battlefield. There are a number of CSS sources, ranging from organic support units to contractors, from which support may be obtained. The planning process identifies these sources and makes plans for their use. Described below are the most common sources of support. Commanders must work closely with their senior contracting officers, as well as the J5/G5/S5 for HNS, to integrate these diverse sources of support with the military supply system and develop an effective, efficient concept of support.

The Army's force structure contains organizations that provide CSS for military operations. Initial consideration as a source of support is given to these units which are organic to the Army force structure. These include military units and civilian organizations staffed and equipped to perform a variety of support missions. Army organizations like the Army Service Component Command, TSC, COSCOM, DISCOM, the USACE or the USAMC, as well as DOD organizations such as USTRANSCOM, DLA, and AAFES are organic to the force structure found in a theater of operations.

Historically, CSS has been predominantly a national responsibility. Multinational commanders, however, are more frequently exercising their directive authority by having national commanders take on CSS missions supporting multinational forces. By doing so, multinational forces capitalize on the CSS strengths of individual members. We can expect that not only will our Army support forces of other nations, but that our forces will be receiving support from other national logistic systems.

Host nation support is provided to allied forces and organizations located in or transiting through host nation territory, and includes civil and military assistance. This support can include assistance in almost every aspect required to sustain military operations within a theater. (See Appendix E for a brief discussion on the impact of international agreements on contracting.) Planners must consider that HNS meets local, not necessarily US standards. Commanders must consider additional support requirements generated by using HNS; for example, HNS provision of potable water may mean bulk water from a desalinization plant, not bottled water, which increases requirements for tankers and a distribution system.

The theater CINC, in coordination with the Service component commands, determines the types and levels of HNS that can be accepted without risk to overall mission accomplishment. Use of HNS should not degrade required US unilateral capability. HNS can be a significant resource provided it is available and that appropriate agreements are in place.

Joint Publication 3-07 describes nongovernmental organizations (NGO) as transnational organizations of private citizens that maintain a consultative status with the United Nations. They may be professional associations, foundations, multinational businesses, or simply groups with a common interest in humanitarian assistance (development and relief). The joint publication further describes PVOs as private, nonprofit humanitarian assistance organizations involved in development and relief activities, and states that the term private organization is often used synonymously with that of nongovernment organization. The PARC must consider the presence of NGO and PVO, their potential to compete with CCOs for scarce resources, and their knowledge of the region as a potential source of vendor information.

ACSA may provide either of two separate authorities, acquisition only authority and cross-servicing authority, which together form a bilateral support program. Acquisition only authority, allows the US to acquire goods and services from a designated nation, but does not require conclusion of an implementing arrangement or cross-servicing agreement. This authority doesn't allow the US to transfer goods and services to another nation. Cross-servicing authority allows the US to acquire goods and services from or transfer goods and services to a designated nation or international organization if an ACSA agreement has been concluded. The G4, legal, civil affairs and the local US Embassy advise commanders whether ACSA support is available, or will be made available to allied /coalition nations.

Assistance in kind is support in the form of goods and services provided by a foreign government without cost to the US. It may include, but is not limited to, buildings and facilities, utilities, communications, supplies and equipment, travel, transportation of things, and services of foreign national employees. This type of support is established through negotiated agreements and, when available, is coordinated through the G5/J5.

Contractor support is obtained through contractual arrangement with US or foreign businesses. It bridges gaps that occur before sufficient organic support units or other resources arrive in the theater of operations. It is also a valuable source where no HNS agreement exists or where HNS agreements do not provide the needed supplies or services; it can augment existing support capabilities to provide a new source for critically needed supplies and services. Contractor support can also reduce dependence on the CONUS-based logistics system.

In an operational theater, three primary types of contractor support exist. They include theater support contractors, external support contractors, and systems contractors, discussed in greater detail in FM 100-XX, Contractors on the Battlefield.

Commanders assume additional risk when using contractors in lieu of organic CSS assets to support mission requirements. The Army has used contractors throughout its history; such reliance on contractor personnel continues, and is likely to continue for future operations. Despite this, commanders must understand that contractor personnel aren't soldiers; they might refuse to deliver goods or services to potentially dangerous areas, or might refuse to enter a hostile area regardless of mission criticality.

Commanders and their staff must evaluate the most effective use of contractors, realizing that contractor support is not always the proper means to support the mission. Commanders evaluate mission criticality of the function, plus peacetime and wartime contract costs, when deciding to use contractor support.

The nature and degree of risk in any given operational area varies from mission to mission. Contingency contracting personnel carefully draft contracts and their support clauses to ensure contractors are aware of their increased risk. Costs habitually increase as the risk to contractor equipment and personnel increases. To mitigate this risk, commanders assume the responsibility to protect contractor personnel, as outlined in FM 100-XX.

Contingency contracting provides support through contracts with US, host nation, or third country businesses or vendors, in support of contingency operations. It normally involves on-the-ground awarding of contracts as the contingency operation unfolds, by contracting organizations of the deploying commands. While it is a viable source of support, battlefield contracting should be used to supplement, not replace the existing supply system or organic support. During the initial weeks of a contingency operation, contingency contracting often provides much of the required life support and mission-related support until CSS units arrive in theater, or until the LOGCAP Umbrella Contract's contractor can establish operations in theater. FM 100-XX, addresses management of all contractor personnel in a theater. All contractors within the theater coordinate and maintain contact with the PARC, and operate IAW the commander's contracting support plan.

The LOGCAP umbrella contract is a special Army contracting concept that maintains, on a regional basis, a worldwide contract to support deployed Army forces. Activated upon approval of the Army DCSLOG, this contract is referred to as a contingency support contract because it's planned and managed like a support contract, but utilized only in support of contingency operations. Managed by USAMC, LOGCAP authorizes commanders to pre-plan for contracting support and include contingency clauses in existing contracts for services and engineering or construction related support. It allows the swift acquisition of contracted CSS required in a contingency, and may allow a commander to minimize the number of military personnel required in theater. During the initial weeks of contingency operations, LOGCAP can deploy into theater within 72 hours of the Procuring Contracting Officer's notice to proceed (NTP). LOGCAP's EEM can provide full force support while the deployed force establishes CSS and HNS capabilities.

The goals of LOGCAP are to:

• Plan during peacetime for effective use of contractor support in a contingency.
• Leverage global/regional corporate resources as facility and logistic services support multipliers.
• Provide an alternative augmentation capability to meet facility and logistics services shortfalls.
• Provide a quick reaction to contingency requirements.

LOGCAP is primarily used in areas where no multilateral or bilateral agreements or treaties exist. It is intended for use when contractor support can be an effective, expeditious, or cost effective method to augment organic CS/CSS capabilities. Even then, commanders should consider using their organic CS/CSS capabilities and contingency contracting to reduce LOGCAP costs. USAMC, through its contracting officers with PM LOGCAP, executes the LOGCAP contract based on mission requirements of the supported commander. Generally, USAMC delegates administration contracting officer authority for execution of the LOGCAP Umbrella Support contract to DCMC for support services, and to the USACE for construction services.

Other Services have programs similar to LOGCAP, the Air Force Contract Augmentation Program (AFCAP) and the Navy's emergency Construction Capabilities Program (CONCAP). This manual contains additional information on these programs at Appendix A for LOGCAP, Appendix B for AFCAP, and Appendix C for CONCAP.

Commanders must have available funding from the proper appropriations so that supplies and services can be purchased, rented, or leased from commercial sources. CCOs and RMOs advise commanders what appropriations they need to execute their concept of support and contracting support plan.

Throughout any operation, contracting personnel are required to rapidly contract for a variety of critical supplies and services. In order for them to accomplish their mission, funds from a variety of sources must be available and must be properly used. Units and activities requesting contracting support must obtain funding prior to submitting their requests for support. This is accomplished through the respective command comptrollers and resource managers, who are the focal points for all issues concerning funding availability and management.

Comptrollers and resource managers are a command's specialists for managing and controlling funds. They are the custodians of the funds appropriated to perform the mission. Comptrollers and resource managers practice basic fiscal controls on the appropriated funds in their care. These statutory controls of purpose, time, and amount, require that--

• Funds must be expended for the reasons they were made available; such as, funds for family housing can not be used to buy tanks (Purpose).
• Funds must be obligated during their period of availability for needs that arise during that period (Time).
• Funds should not be expended in excess of the amount authorized (Amount).

Activities requesting contracting support must coordinate their requests with their respective resource management offices to ensure that funds, meeting the basic fiscal controls, are available to support their request. Contracting support elements do not possess funds for the requests that they receive, and cannot award a contract until the purchase order has sufficient certified funding available. For this reason, commanders and staff planners must ensure that during the planning process, funding sources to support identified requirements for contracting support are identified and earmarked.

Funding for contingency operations comes from a variety of sources, both within and beyond DOD appropriations. The comptroller and resource management personnel understand the purpose and limitations of funds and ensure that expenses are incurred properly and legally. Commanders require various appropriations, including Operations and Maintenance, Army (OMA) for supplies and services, Other Procurement, Army (OPA) for capital equipment purchases, Open allotments for commercial feeding or ration supplements, ERC for DOD construction missions nominated by the Department of State, and Humanitarian Civic Assistance for DOD-assigned humanitarian civic assistance missions. Figure 3-5, summarizes the major contingency operation funding sources.

During contingency operations, the Army funds operations supporting ASCC missions. The Army usually funds emergency requirements for its forces with available unit funds until additional guidance and funds are allocated.

DOD policy requires that all contracts be fully funded, which means that at the time of contract award, funds are available to cover the total estimated cost of the contract. Regardless of the funding source, the resource manager ensures adequate funds are available to pay for the requested supplies or services. This is normally done through fund certification officers at the requiring activity level. The funds certification officer works closely with the contracting officer to ensure that funds are appropriate, valid, and sufficient.

Finance support of contracting is required in a theater of operations to provide timely commercial vendor and contract payments. While an increasing amount of finance support is provided through split-base operations from CONUS or out-of-theater locations, forward finance support is needed to pay local vendors for supplies and services they provide. Deployed finance units are necessary from the initial entry of forces until all forces have redeployed, providing tailored support for the full range of contracting operations. Whether finance EEMs or complete units, contracting personnel need finance support to award contracts, pay vendors, and close out those contracts.

An EEM from the TSC's Finance Command accompanies the first contracting personnel into a theater. This EEM provides financial management and contract payment support necessary to complete initial contracting actions required when or before the lead forces arrive. This Finance Command EEM, tailored to fit specific mission requirements, consists of at least five members. The Finance Command EEM accompanies the contingency contracting EEM, habitually as part of the TSC's EEM.

Commanders nominate personnel to serve as paying agents; Finance Officers then train and appoint these personnel to make cash payments to vendors for goods and services locally procured by contracting personnel or ordering officers. Finance elements provide funds to paying agents in accordance with fund certification provided by the commander's RMO for specific contracting actions. Paying agents' appointment orders, specific training and instructions by the Finance Officer, and established accounting procedures strictly control pay agents' activities. Commanders ensure their paying agents comply with these controls, and that subordinate leaders don't pressure paying agents to bend the rules to support their missions. Paying agents can be held personally liable for any disbursement not in accordance with their appointment orders or instructions.

Funding used to pay for contracts supporting operations must be strictly accounted for. Resource management, finance and contracting personnel, including ordering officers, paying agents and IMPAC personnel, follow established procedures for capturing costs associated with all procurement actions. Commanders must ensure their personnel establish and strictly follow accounting methods to track the commitment, obligation and disbursement of funds to ensure sufficient funds exist to support contracted requirements.

A contracting support plan is the mechanism for planning the contracting support for a military operation. It begins at the senior theater command and is included at each successive lower level. Figure 3-6 illustrates where contract support planning fits in the planning process.

The contracting support plan ensures that contracting personnel conduct advance planning, preparation, and coordination to support deployed forces, and that contracting plans and procedures are known and included in overall plans for an operation. It ensures contracting plans and procedures are implemented, reviewed, and carried out in response to: support of deployed US or allied forces; rapid deployment support; and humanitarian support and disaster relief efforts. It must be an integral part of both the deliberate and crisis action planning process, and should be included in all OPLANS as an appendix to the logistics annex.

Because of the role that contracting support plays in supporting military operations, it is essential that contracting personnel be involved in the planning process at every level. The lack of a current, staffed, and understood contracting support plan can seriously hinder an operation. Prudent commanders will insist that their OPLANS and OPORDS contain detailed contracting appendices.

The logistics annex to the OPLAN or OPORD coordinates organic CS and CSS assets, HNS, contracting and LOGCAP, ensuring seamless support for deployed forces. Contracting support plans integrate contracting into this logistics concept of support, ensuring HNS, contingency contracting, and LOGCAP are properly included and time-sequenced in all support planning. This helps guard against inter- and intra-service competition for the same resources. As a rule, the plan should consider the following:

• Contracting support to the supported units.
• Planning for contract requirements established by the units supported under various contingencies.
• Designating, deploying, and augmenting contracting elements and finance units.
• Articulating contracting procedures, authorities, and deviations.
• Developing, maintaining, and using contracting support kits tailored for as many deployment locations and situations as possible.
• Establishing guidelines for appointing, managing and terminating contracting officers, ordering officers, and contracting officers' representatives during contingencies.
• Contracting participation in site surveys, exercises, and pre-deployment training.
• Ensuring that contracting, resource management, and finance support are included in contingency OPLANS.
• Conducting market surveys to identify available commercial supplies, services and equipment in the mission area, then advising the commander and logistics planners how contingency contracting can best support the mission.
• Locating contingency contracting offices in close proximity to the local vendor base.
• Addressing DCMC's role in administering contracts, as applicable.
• Addressing DCMC's and the USACE's respective roles in administering the LOGCAP Umbrella Support Contract in-theater.

The specific content of a contracting support plan varies with each operation to be supported. Certain basic elements in any plan should include--

• Command and control relationships.
• Location and structure of the contracting elements in the theater, to include a list of units and activities that will be supported by each.
• Types of supplies, services, and construction capabilities commercially available within the mission area.
• A list of special prioritization or control measures that apply for scarce commodities or services.
• Concept of contracting operations which is phased and synchronized with the supported plan.
• Procedures for legal review.
• Description and assessment of HNS agreements, customs, laws, culture, language, religion, and business practices which impact on contracting operations.
• Specific statutory/regulatory constraints or exemptions that apply to the supported operation.
• Procedures for defining, validating, processing and satisfying supported unit requirements.
• Procedures for budgeting and making payments to contractors and vendors.
• Procedures for appointing, training, and employing ordering officers, contracting officer representatives, paying agents, and GCPC holders.
• Manpower, equipment and supplies required for contracting support and the deployment sequence.
• Procedures for closing out contracting operations and redeployment.
• Security requirements and procedures for contracting and contractor personnel.

An example of a contracting support plan is found at Appendix D.

In order for contracting support elements to meet the support demands placed on them in a contingency environment, they must have supplies and support equipment to do their job. As part of their planning, contracting elements prepare and maintain contracting support kits. These kits contain required regulations, forms, general supplies, and equipment to support a contracting office for a pre-determined time at a remote location. In addition to the necessary supplies and equipment, CCOs develop and maintain a database for potential deployment locations. Upon deployment, the contracting support element carries a combination of the basic kit and the specific database for the deployment area. Appendix F of the Army Federal Acquisition Regulation Supplement Manual #2, contains a detailed listing of recommended forms and equipment to be included in the contracting support kit.

A key ingredient of the contracting support kit, and one that is often overlooked, is currency. Contracting Officers usually require local currency to pay host nation vendors; use of US currency may require a status of forces agreement with the host nation. Although maintaining actual on-hand quantities of foreign currency is not usually appropriate, procedures to quickly obtain it should be included in the contracting support plan and on the support kit checklist. Finance personnel or paying agents with US and local currencies must deploy with CCOs.

Contingency contracting, as a support concept, must be embedded in the Army's training hierarchy. As the use of contracting for obtaining supplies and services grows, individuals involved in its planning and execution must be adequately trained to effectively perform their duties. During planning at all levels, the following training considerations should be made--

• Commanders and staff planners must be familiar with the capabilities of contingency contracting so that operational plans include contracting support as a useful and viable support option, and that contracting personnel are included as participants in the planning process.
• In addition to the formal technical training that they receive, contracting personnel must be included in training exercises and other collective training events so that they can develop their mobilization and general military skills. Rotation with maneuver forces to training sites for exercises should be part of the on going peacetime activity for contracting personnel. Contracting activities should be written into exercise scenarios for training.
• Ordering officers, contracting officer representatives, and other non-contracting support personnel drawn from the units and activities being supported, must be identified prior to deployment so that they can receive the training required to perform their duties, and receive formal appointment orders from the HCA or the HCA's designee.

Commanders and their staff play key roles in planning contracting support on the battlefield by determining their operational requirements. During mission planning, the staff estimates requirements to support the concept of operations. Once support requirements are identified, the staff determines whether organic CSS assets can meet those requirements. HNS, contingency contracting and LOGCAP provide the commander tools to augment his organic CSS capabilities and offset potential support shortfalls. The PARC, as the commander's acquisition expert, advises him on planning and integrating these tools into the logistics concept of support.

Requirements projected by the staff's planning estimates allow contingency contracting personnel to effect their mission planning. Contracting personnel conduct market surveys of the mission area to determine the availability, quantity and quality of local commercial support, then advise the commander on how those goods and services can best supplement available CSS assets. Contracting personnel coordinate with general supply officers at US Embassies, plus existing Defense Department contracting offices in or near the mission area, to determine sources of required or anticipated support, and locate potential vendors. These vendors could be in the mission area, in other surrounding areas, or in the domestic marketplace. The PARC determines, based on required and anticipated support and the available vendor base, where to establish contracting offices. Contracting personnel establish and operate contracting offices in or near the local vendor base. Based on this, the PARC publishes a theater/mission contracting support plan, incorporating it as an appendix to the logistics annex of the OPLAN or OPORD. During this process, the PARC considers whether to consolidate available contingency contracting personnel due to a concentrated vendor base, or to have corps and division contracting sections operate within their units' area of responsibility, serving as area procurement offices under his procurement authority.

The appropriate MMC identifies, based on its asset visibility, which requirements the supply system can fulfill, and which need to be filled from other means, such as LOGCAP, HNS, contingency contracting, or by the commander establishing control measures such as priorities of support or controlled supply rates. In an operational theater, the ARB matches capabilities to requirements. In performing this function, the general order of priority for application of logistics capabilities is--

• US military forces, such as CS and CSS units.
• CS/CSS units of allied forces.
• Host nation capabilities
• US contingency contracting officers awarding contracts.
• Use of umbrella CS/CSS contracts such as LOGCAP, AFCAP or CONCAP.

There is no "cookie-cutter" method for determining the proper source of support for any given requirement. Determining the best support option is an involved process that considers factors that vary from operation to operation. As a general rule, the above priorities are followed when they can provide the support needed within the timeframe allowed. During operations, the urgency of the required support tempts commanders to change these priorities and to prefer contracting because they perceive that support to be faster. They should avoid doing so, instead looking at all the tools available to support their forces and choosing the one most capable of doing the job. The ARB helps the commander make this choice. For limited missions with smaller forces, the commander may designate the senior logistician, executive officer, or chief of staff to validate requirements and determine how those requirements should be met. When evaluating from which source a requirement should be obtained, the following attributes of contracting should be considered--

• Contracting bridges gaps that may occur before organic support can be mobilized, and in some cases will be necessary for the duration of the contingency.
• Contracting is a valuable resource where no HNS agreements exist, or where agreements do not provide for the supplies or services required.
• Satisfying requirements for supplies and services by contracting for locally available resources can improve response time.
• Contracting from the local economy frees airlift and sealift assets for other priority needs.
• Contracting augments existing logistics support capabilities, providing additional sources of critically required supplies and services.
• Contracting provides commanders operating under strict force limits additional potential flexibility and capability.

Mission planners must address the issue of funding. Contracting personnel require upfront availability of funds before they can acquire supplies and services. Contracting officers can not procure any goods or services without certified funds in the proper amount from the correct appropriation. If funds are not available, contracting is not an option. Because of the need to fund upfront contractor support, planners must ensure the availability of funding of the correct types. Contracting planners review identified and anticipated requirements, then recommend, together with the RMO, what types of funding (e.g. - OMA for expendable supplies and services, OPA for capital equipment purchases or leases, DA Open Allotment for ration supplements) the mission requires. Contracting personnel often deploy with bulk funding, funding pre-certified by resource managers in specific amounts for each appropriation.

As discussed earlier, planners must consider support the Army routinely provides, in the form of government-furnished equipment or material, to contractors to enable them to perform and to minimize costs. Items acquired by a contractor are sometimes more expensive or not readily available. In the past, the Army required contractors to support their own personnel, unless directed otherwise by the contract. As the use of contractors in contingency situations increases, the Army assumes increasing responsibility to feed, house, equip and protect contractor employees operating on the battlefield, including pre-deployment training and TPFFD. For the Army's policy on supporting contractors on the battlefield, refer to Appendix F.

Contractual documents provide the legal basis for the relationship between the Army and a contractor. They specify the terms and conditions under which the contractor is expected to perform, and identify the support relationship between the contractor and the Army. When arranging contractor support, it is necessary to specify in the contracts themselves what the support relationship will be. This informs the contractor what the Army will provide, if anything, and what the contractor is expected to handle. Commanders cannot direct contractors to provide any goods or services; only contracting officers and CORs have the legal authority to direct contractors to perform work within the scope of their contract. Only Contracting Officers have the authority to change the contractor's scope of work by modifying the contract.

Commanders bear responsibility for activities that take place within their AOs. These responsibilities extend to contractors on the battlefield as well, and include security to contractor personnel and operations, and supporting the physical and spiritual quality of life for the contractor's workforce. When planning for the use of contractor support, the matter of support to contractors must be considered, and a determination made as to what support must be provided and who will provide it. When the Army provides support, those additional requirements must be planned for and resources identified. The contracting support plan is the mechanism for accomplishing this.

The nature of the contingency operation determines security requirements for contractors' operation and personnel. Even humanitarian operations require security arrangements. As the likelihood of hostilities increases, contractor security needs likewise increase.

Provisions of the law of war do not consider contractor personnel and DOD civilians as combatants. Contractor and DOD civilian personnel should be issued identification cards that correctly identify them as civilians accompanying an armed force to facilitate their movement and dictate the type of treatment they should be rendered if captured. Commanders must provide security to contractors that support their operations, or eliminate the use of contractor support as an option in areas where security becomes an issue. AR 715-XX and FM 100-XX, both entitled Contractors on the Battlefield, address this in greater detail.

Army contingency contracting personnel operating on the battlefield face unique security challenges. The nature of their mission requires them to operate in or near the local vendor base, often working in civilian clothes among the local populace. Mission planners must consider the impact of force protection measures, such as base access requirements for vendor personnel, multiple-vehicle travel requirements, on the ability of contracting personnel to acquire and deliver required goods and services. The PARC and senior contracting officers advise commanders and planners how to best mitigate the force protection challenges without jeopardizing the effectiveness of contingency contracting personnel. Commanders assume additional risk to allow these soldiers to properly perform their assigned tasks.

Contractor personnel, depending on the nature of the supplies or services they are providing, may be required to live under field conditions. When this is required, certain minimum standards should be established so that an acceptable quality of life is maintained. As with other related issues, it is normally the contractor's responsibility to provide for his personnel. However, in those situations when contracting support is being provided in an area where a civilian support infrastructure is not present, the Army may be required to furnish such support. As with other types of Army furnished support, upfront planning to identify requirements and resources is essential.

Army contingency contracting personnel establish contracting operations with or near the local vendor base. These personnel reside, unless force protection requirements mandate differently, in those same locales. AFARS Manual #2, Contingency Contracting, advises contingency contracting personnel to establish contracting functions in a hotel, offering telecommunication, meeting areas familiar to the local vendor base, security, and self-contained office, sleeping and dining facilities, located with or near the vendor base.

Effective use of contracting support requires that contracting elements or portions of them be among the earliest to arrive in the operational theater. During the planning process, commanders must ensure they include contracting elements, including RMO, finance, legal, PBO, as well as USACE CREST and other specialized contracting personnel, in the TPFDD process. Deployment of contracting elements requires the coordination of all levels of command to ensure that they are properly sequenced in the arrival flow. The operational situation influences when contracting personnel deploy. In contingency scenarios, commanders must consider two factors when planning the deployment of contingency contracting personnel. First, normal business functions conducive to contracting may not exist in the mission area itself during opposed entry situations, at least until some semblance of public order is reestablished. Second, contracting personnel deploying in the EEM procure available goods and services from the local economy, easing the burden on available strategic lift. Between these extremes, commanders plan the deployment and build up of contracting elements as required by the mission. As a general rule, however, commanders should deploy contracting personnel as early as possible into the mission area. The PARC advises them on where and when to deploy contracting assets.

Contracting organizations organic to various Army commands involved in the operation provide contracting support for deployed forces in accordance with the PARC's contracting support plan. Timing of their arrival into the operational theater is critical to the success of the support they are tasked to provide. When conducting operational planning, including contracting elements, and their supporting resource management, finance, PBO and legal functional slices, as a separate element in the TPFDD is necessary to ensure they arrive when needed. Contracting teams deploy as early as possible with required RMO, finance, legal and PBO support to establish contracting operations and support deployed forces from the local economy.

As with most deployments, contracting elements normally employ the use of an advance party, EEM or contracting FAST to arrive ahead of the main deployment force to establish contracting support and respond to initial requirements. The EEM's first contracts will procure office and living space, office equipment and furniture, transportation and communications required to establish and sustain contracting operations. As the deployment evolves, the remainder of the contracting elements arrive and assume the expanding contracting support mission.

While ensuring that contracting elements are identified and included in the deployment sequence is important, identifying and preparing those elements and their personnel is equally as important. Contracting element planning actions must ensure that organizations and individuals are prepared for deployment and that their sequence in the deployment is established. Not only military personnel, but also assigned government civilian personnel must be prepared to deploy. DA Pamphlet 690-47, DA Civilian Employee Deployment Guide, provides the guidance for the deployment of civilians.

Depending on the contingency operation, contractors may be required to deploy with the units/activities that they support. Normally this involves US contractors operating in CONUS, but in some circumstances, may also include US contractors operating OCONUS as well as foreign contractors who employ US citizens. If deployment is involved, the contract arranging the supplies or services will include it as a contract requirement and provide the necessary guidance on how the contractor will deploy his employees. DA Pamphlet 715-16, Contractor Deployment Guide, identifies the policies and procedures that affect the overseas deployment of contractor personnel.

Commanders provide religious support for all personnel, including contractors. This support includes rites, sacraments, pastoral care, and religious education support.

Finance services sustain contracting operations by providing commercial vendor and contractor payments, pay and disbursing services, and essential accounting functions. Finance units support deployed Army forces by the timely and accurate payment for local procurement of supplies and services. They provide the checks and currencies to support contracting actions, and ensure that administrative and accounting procedures governing the disbursement of public funds are adequate, and assure responsive field finance support to the contracting effort. Finance personnel supporting contingency contracting concentrate on rapid payment of local vendors, many of who require immediate payment due to limited cash flow. Most contractual actions during the initial weeks of a mission occur on a cash-and-carry basis, with vendor payment by check or other monetary instrument occurring as the mission support infrastructure matures.

Financial support within a theater of operations depends to a degree on the financial infrastructure of the host nation, or the willingness of the host nation to provide local banking and financial services. When planning financial support for a contingency operation, the capability and willingness of the host nation to support financial activities must be analyzed. The primary requirement for support from a host nation is in providing a source for local currency and banking services required to transfer funds and to support the many contract arrangements with local sources.