JKO Acquisition and Cross Servicing Agreements, Contingency Contracting

Contingency Contracting

Contracting with a different set of rules.

Supports acquisition of locally procured goods and services when all established logistics resources are exhausted.

Dependent on the Contingency Contracting Officer (CCO)

AF Contingency Contracting Officer

SrA contracting personnel (or civilian) and above that are trained and are given formally written authorization. Should be on your site survey/advon team

CCO Priorities and Utilization

Put on your site survey/ADVON team.

When they get there they immediately are plugged in to existing support structure (J4)

Consult with embassy Gov't Services Officer (GSO)

Gov't Services Officer (GSO)

Contractor within Embassy that knows the exsiting support agreements/sources

What regulation governs CCO activities?

Federal Acquisition Regulation (FAR)

Federal Acquisition Regulation (FAR)

Overarching guidance source. Authority comes from a source of contracting authority, NOT command authority.

CCOs get their individual authority from?

a Warrant

Warrant

CCO's "license to spend"
Standard Form 1402 is the Certificate of Appointment.

Appointing authority must clearly state limitations, which are driven by the contracting scenario. Authority lasts for duration of scenario.

Definition of Contingency

Implies military involvement. Applies domestically and overseas. May apply across the full range of military ops. (ROMO).

Two types of contingency

Declared Contingency

Non-Declared Contingency

Declared Contingency

Designated by SECDEF involving military action on an enemy
Declared by POTUS or Congress for war or national emergency

Lots of room to maneuver. More legal flexibility Degree of legal freedom is not static. Influenced by maturity of contracting scenario. Think beddown vs sustainment.

What is the FAR Spending Concept?

Simplified Acquisition Procedure (SAP)

Simplified Acquisition Procedure (SAP)

Reduce admin costs, improve efficiency, avoid unnecessary burdens on agencies and contractors.

Has two thresholds underneath it: Simplified Acquisition Threshold and Micro-Purchase Threshold

What is Simplified Acquisition Threshold?

Lifts acquisition admin burden for Logistics Support, Supplies, and Services (LSSS)
SAT used by authorized agencies when existing contracts to obtain LSSS are not established, or not practical
Applies to both daily ops & contingencies

What is the monetary limit for Simplified Acquisition Threshold?

Normal threshold for undeclared contingencies is $150K.

Spend limit is increased for declared contingencies. CONUS Contingency Threshold = $750K
OCONUS = $1.5M

What is Micro-Purchase Threshold?

For small purchases, think GPC

What is the monetary limit for Micro-Purchase threshold?

Normal threshold for undeclared contingencies is $3.5K.

Spent limit is increased for declared contingencies.
CONUS = $20K
OCONUS = $30K

CCO Purchase Methods

GPC
Standard Form 44
Imprest Funds

GPC

preferred method, works well but not accepted in every locality

Standard Form 44

Pocket-sized purchase order for supplies and services that are immediately available.

Imprest Funds

Small cash advance fund to appointed cashier. Rarely used, last resort. (Purchase and money authority given to same person)

Blanket Purchase Agreement (BPA)

For recurring requirements, it is a recurring purchase order. Buyers can incorporate terms and conditions.

Performance Work Statement (PWS)

For services and construction. The key to a good PWS is detail, focus on performance and expectations.

Statement of Work (SOW) or Statement of Objectives (SOO)

Unauthorized Commitments

When gov't commitment is made by unauthorized individual.

What is Ratification and the 4 key things that must be met in order to be ratified?

When proper authority approves an unauthorized commitment.

- Gov't must have received the benefit
- Price must have been reasonable
- Funds were available upon purchase
- CCO "would have" made the buy

Acquisition and Cross-Servicing Agreement (ACSA)

Bilateral international agreement.

Both parties benefit in the form of increased efficiency across a wide array of logistics support exchanges.

Authorized Exchanges in ACSA

Food, lodging, trans, POL, comm, small-arms ammo, medical, etc.

Unauthorized Exchanges in ACSA

Guided missiles, mines, torpedoes, bomb guidance kits, major end items to include vehicles, chemical or nuclear munitions, official uniforms, major construction projects, publications to include T.O.s, and more

ACSA Payment Methods

Payment in Cash (PIC) - preferred method
Replacement-in-Kind (RIK) - replacements must be in equal condition/utility
Equal Value Exchange (EVE) - based on monetary value only