OCS

Operational Contract Support

OCS Responsibility

While OCS provides a commercial means to fulfill Army requirements, the overall responsibility for mission accomplishment remains with the Commander; not with the contracting support organization.

Good Communication

There are many factors that contribute to the success or failure of a project, product or service which requires contracted support. good communication of required services and proper evaluation of deliverables is the start of effective, successful Operational Contract Support.

Not A New Challenge

The United States Military has always used contractors in times of war. the key point to this concept is OCS is not a new challenge, however things are changing to standardize the contracting process and make contractors more accountable for work and services.

OCS Definition

OCS is the integration of commercial sector support into military operations. OCS consists of two complimentary functions: Contract Support Integration, and Contractor Management.

Contract Support Integration

The process of synchronizing operational planning, requirements development and contracting in support of deployed military forces and other designated organizations in the area of operations (AO).

Contractor Management

The process of managing and integrating contractor personnel and their equipment into military operations. Contractor management includes: planning and deployment/redeployment preparations; in-theater management; force protection and security; and executing government support requirements.

Contract

An agreement, enforceable by law, between two or more competent parties, to do or not do something not prohibited by law, for a legal consideration. Federal Acquisition Regulation (FAR) 2.101 defines a contract as a mutually binding legal relationship that obligates the seller to furnish supplies or services (including construction) and the buyer to pay for them. (ATTP 4-10, Chapter 1)

Prime Contract

A contract or contractual action entered into by the United States Government for the purpose of obtaining supplies, materials, equipment, or services of any kind. The prime contractor is the organization that has entered into/signed the contract with the United States. (ATTP 4-10, Chapter 1)

Subcontract

A subcontract is a contract entered into by a prime contractor to a subcontractor for the purpose of obtaining supplies, materials, equipment, or services under a prime contract. The prime contractor is responsible for the actions of the direct subcontractor. Likewise, subcontractors are responsible for managing any subcontractor at the next lower tier. (ATTP 4-10, Chapter 1)

Requiring Activity

A requiring activity is a military or other designated supported organization that identifies, plans for, and coordinates for contracted support during military operations. A requiring activity may also be the supported unit. (ATTP 4-10, Chapter 1)

Supported Unit

The supported unit is the organization that is the recipient, not necessarily the requestor, of contractor-provided support. A supported unit may also be the requiring activity, if it initiates the request for support. (ATTP 4-10, Chapter 1)

OCS Responsibility of Commander

OCS planning and management is a Commander's responsibility. (ATTP 4-10, Chapter 1)

OCS Responsibility of Contracting Officer

A contracting officer is the military officer, non-commissioned officer (NCO) or Army civilian with the legal authority to enter into, administer, and/or terminate contracts. The contracting officer is appointed in writing through a warrant. (ATTP 4-10, Chapter 1)

OCS Responsibility of Contracting Officer Representative (COR)

The COR (sometimes referred to as a contracting officer technical representative or COTR) is a Service member or Department of Defense (DOD) Civilian, nominated by the commander, appointed, in writing, by a contracting officer. Responsibilities include monitoring contract performance and performing other duties as specified by their appointment letter. The COR does not have contracting authority and may not change the terms of the contract. (ATTP 4-10, Chapter 1)

OCS Responsibility of 3C ASI

The Army has recently approved a new, additional skill identifier (ASI); "3C" OCS planning and management. This 3C ASI is awarded to commissioned officers, warrant officers, non-commissioned officers, an Department of the Army civilians upon successful completion of the Army Logistic University's Operational Contract Support Course. Specific responsibilities may vary based on unit of assignment. (ATTP 4-10, Chapter 1)

OCS Responsibility of Contractor

A contractor is an individual or business, to include authorized subcontractors that provide products or services for monetary compensation in accordance with the terms and conditions of a contract. (ATTP 4-10, Chapter 1)

Types of Contract Support: Theater Support Contracts

A type of contingency contract awarded by contracting officers deployed to the operational area serving under the direct contracting authority of the designated Head of Contracting Activity (HCA) for that particular contingency operation. These contracts, normally executed under expedited contracting authority (e.g. reduced time frames for posting of contract solicitations; allowing for simplified acquisition procedures for higher dollar contracts, etc.), provide goods, services, and minor construction from commercial sources, normally within the AO. Also important from a contractor management perspective are local national employees that often make up the bulk of the theater support contract workforce. (ATTP 4-10, Chapter 1)

Types of Contract Support: Systems Support Contracts

Prearranged contracts awarded by and funded by acquisition program executive officers (PEOs) and project/product management (PM) officers. These contracts provide technical support, maintenance support and, in some cases, Class IX support for a variety of Army weapon and support systems. Systems support contracts are routinely put in place to provide support to newly fielded weapon systems, including aircraft, land combat vehicles, and automated command and control (C2) systems.

Systems support contractor employees, made up mostly of US citizens, provide support both in garrison and in contingency operations. (ATTP 4-10, Chapter 1)

Types of Contract Support: External Support Contracts

Contracts awarded by contracting organizations whose contracting authority does not derive directly from the theater support contracting heads(s) of contracting activity or from systems support contracting authorities. External support service contracts provide a variety of logistic and other non-combat related services and supply support. External support contracts normally include a mix of US citizens, third-country nationals (TCNs), and local national contractor employees. (ATTP 4-10, Chapter 1)

OCS Imperatives: Command authority does not equal contracting authority.

Command authority does not equal contracting authority. Command authority is the legal authority of the operational commander to organize and employ assigned and attached forces; however, command authority does not include the authority to make binding contracts for the US government. Contractors are only obligated to perform functions specified in the terms and conditions of their contract.

WARNING - Only warranted contracting officers, have the authority to award or change a contract. The phrase "other duties as assigned" does not apply to contractor personnel.

OCS Imperatives: The OCS process is based in law.

The OCS process is based in law. Contracted support must be administered IAW US public law along with the Federal Acquisition Regulation (FAR), the Defense Federal Acquisition Regulation (DFARS) and the Army Federal Acquisition Regulation Supplement (AFARS). FAR Part 18 and DFARS Part 218 outline emergency procurement authorities that may be available in support of contingency operations.

WARNING - Commanders should never ask, nor direct, their supporting contracting officers to circumvent or violate the FAR. Such command direction would be similar to directing a subordinate to violate the Law of War. The ramifications include monetary fines, punitive discipline, and criminal penalties.

OCS Imperatives: Contracting for support requirements does not relieve the Commander of mission responsibility.

Contracting for support requirements does not relieve the commander of mission responsibility. Commanders and their staffs, i.e., the requiring activity, are responsible for contract support planning and management actions. OCS is a team effort between the requiring activity, the contracting officer, and the contractor.

OCS Imperatives: Procurement integrity, conflict-of-interest, and ethics.

Procurement integrity, conflict-of-interest, and ethics. Commanders and supporting contracting activities are collectively responsible to ensure the appropriate command climate and training exists covering procurement integrity, conflict-of-interest and ethics, to mitigate fraud, waste and abuse of government resources. Department of Defense's (DOD's) joint ethics regulation, administered by the Office of General Counsel, requires the Army to provide training and counseling to educate Soldiers and Department of the Army civilians regarding applicable ethics laws and regulations. All leaders, both operational and acquisition, must ensure training raises individual awareness to enable the recognition and reporting of misconduct, as well as, track and follow up on all reports of acquisition related misconduct.

OCS is performed at what level?

OCS is a common battle command staff requirement performed at battalion level and above.

Proficiency in this battlefield function can be a challenge due to a lack of resident knowledge and skills, the myriad of contracting options, and the wide variety of contracting authorities.

The extensive contracted support requirements during operations in Iraq and Afghanistan caused almost every brigade and above unit to form an ad hoc contract coordination cell in order to plan and manage their OCS requirements.

Recognizing the shortfall of these needed skills and positions, the Army approved the creation of the 3C ASI and is currently in the process of documenting 3C ASI positions on unit manning documents.

OCS Key Tactical Planning term: Requirements Determination

The process of identifying necessary mission support, eligible to be contracted, and the planning and coordination this process involves. (ATTP 4-10, Chapter 4)

OCS Key Tactical Planning term: Requirements Development

The detailed work of preparing and coordinating an "acquisition ready" requirements package that normally includes: a funding document, a justification for the requirement, SOW/PWS (for a service contract) or item description (for a commodity request), IGE, COR/receiving official nomination letter along with a draft quality assurance and surveillance plan (QASP) (for a service contract) and other locally required documents needed for submission of a requirements package. Additionally, requirements development involves the staffing, internal approval, and tracking of the requirements package through contract award and contractor start of work. (ATTP 4-10, Chapter 4)

OCS Key Tactical Planning term: Statement of Work

A Statement of Work (SOW) is the portion of a contract developed by the requiring activity describing the actual work to be done by the contractor by means of specifications or other minimum requirements, quantities, performance dates, time and place of performance of services, and quality requirements. (ATTP 4-10, Chapter 4)

OCS Key Tactical Planning term: Performance Work Statement

A Performance Work Statement (PWS) is a form of SOW emphasizing measurable performance requirements and quality standards utilizing performance-based language to describe the specifications/requirements. The requiring activity describes its requirements and lets the contractor determine how it will meet them. The contract is based on performance rather than methodology as in a traditional SOW. It is a DOD best practice to use the PWS to the maximum extent practicable when acquiring services. Often times the terms PWS and SOW are used interchangeably. For purposes of this ATTP, the abbreviation SOW/PWS will be used. (ATTP 4-10, Chapter 4)

OCS Key Tactical Planning term: Independent Government Estimate

An Independent government Estimate (IGE) is a government produced estimate of the cost/price for goods and/or services to be procured by contract (sometimes referred to as an Independent Government Cost Estimate or IGCE). - CONTRACTOR PERSONNEL SHOULD NOT PREPARE IGES. (ATTP 4-10, Chapter 4)

OCS Key Tactical Planning term: Acquisition Review Board

Acquisition review boards (ARBs) are used to control critical common-user logistic supplies and services within the operational area and to recommend the proper sources of support for approved support requirements. ARBs can be formed by a variety of commands. For example, a joint force command level ARB is called a JARB and a coalition force ARB is called a CARB. (ATTP 4-10, Chapter 4)

OCS Key Tactical Planning term: Contract Administration

Contract administration is a subset of the contracting process and includes efforts that ensure supplies and services are delivered IAW the conditions and standards expressed in the contract. Contract administration is the process of contract performance oversight, from contract award to contract close-out, by contracting professionals and designated non-contracting personnel (i.e. CORs). The purpose is to ensure contract parties, government and contractor, meet their respective obligations IAW the terms and conditions of the contract. Contract administration for LOGCAP and some large theater support contracts is accomplished utilizing designated DCMA and/or Army provided ACOs. (ATTP 4-10, Chapter 4)

OCS Key Tactical Planning term: Unauthorized Commitment

An unauthorized commitment (UAC) is an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government. It is important for Army commanders and staffs to understand that only warranted contracting officers are authorized to enter into contractual agreements or to change existing contracts. Military members can be held financially liable for a UAC depending on the circumstances and conduct of the individual. (ATTP 4-10, Chapter 4)

OCS Key Tactical Planning term: Ratification

Ratification is the act by an official, who has the authority to do so, of approving and unauthorized commitment. Unless a higher-level official is designated by the agency, the head of contracting authority may ratify any unauthorized commitment if certain conditions are met. Ratification is never automatic; and even when ratification is possible, commanders should take corrective administrative action against the individual(s) having caused the unauthorized commitment. See ATTP 4-10, paragraph 4-17 for more discussion on unauthorized commitment and ratification. (ATTP 4-10, Chapter 4)

Uniform Contract Format/PWS

Army battalions through corps routinely perform requiring activity and/or supported unit functions. Requiring activity responsibilities include planning, requirements package preparation and OCS management (i.e. requirement determination and development; contract and COR tracking; COR nomination and replacement; etc.). In today's operations, nearly all units perform duties as supported units. (ATTP 4-10, Chapter 4)

Uniform Contract Format/PWS: Requiring Activity

Functions begin with the decision that a unit's support requirements (either supply or service) will be fulfilled by contract. All requiring activity functions must be planned for and executed IAW JFC and ARFOR policies and procedures as well as applicable federal, DOD, Army acquisition regulation and policies. (ATTP 4-10, Chapter 4)

Uniform Contract Format/PWS: The Supported Unit

Is an organization that is the recipient of contractor provided support. A supported unit may also be the requiring activity, if it initiates the request for support. In many cases, such as with LOGCAP support, the supported unit may not be the requiring activity. In most operations, supported units will be required by their higher headquarters to provide CORs to assist the requiring activity and contracting officer to monitor selected contract support actions. In almost all situations the supported unit plays a role in integrating contractors into local military operations and providing support to designated contractor personnel IAW the terms of the contract. (ATTP 4-10, Chapter 4)

Uniform Contract Format/PWS: Requirements Determination

Is the process of identifying necessary mission support eligible to be contracted and the associated planning and coordination this process involves. One of the 3C ASI staff officer's primary functions is integrating the OCS requirements determination process into the tactical planning process. FM 5-0 describes the military decision making process (MDMP) as an established and proven analytical planning process. It is an adaption of Army problem solving. Incorporation of OCS in this process ensures the use of contracted support in military operations is considered early in the planning cycle. (ATTP 4-10, Chapter 4)

Uniform Contract Format/PWS: Requirements Development

Is the detailed work of preparing and coordinating an "acquisition ready" requirements package that inclues: a funding document (usually a DA Form 3953, Purchase Request and Commitment), a justification for the requirement, SOW/PWS (for a service contract) or item description (for a commodity request), IGE, and other locally required documents needed for submission of a requirements package. Additionally, requirements development involves the staffing, internal approval, and tracking of the requirements package through contract award, nomination and appointment of CORs and/or identification of a receiving official, and contractor start of work. (ATTP 4-10, Chapter 4)

Uniform Contract Format/PWS: Staff Roles and Responsibilities

Use of contracted support in military operations must be addressed early in the planning cycle. The 3C ASI staff officer (or designated staff officer/NCO if there is no 3C qualified individual on the staff) in the S-4 or support operations office will normally lead the OCS related planning effort, but specific OCS related requirements should be developed by the appropriate functional staff officer. For example, if the request is for a signal item, the S-6 should, at a minimum, develop the item description document and develop the rest of the package ICW the 3C staff officer. (ATTP 4-10, Chapter 4)

Requirements Development Consideration

Key to effective requirements determination is properly determining which requirements can and should be contracted. Requirements for functions that are inherently governmental cannot be contracted. Personal services contracts are not normally applicable at the tactical level. Although requiring activities identify contract eligible requirements, the unit may decide contracted support is not the best option to fulfill the requirement due to METT-TC or other factors. contracted support also imposes contract management related requirements on a unit that must be considered and incorporated into the unit's planning and execution. (ATTP 4-10, Chapter 4)

Requirements Development Consideration: Inherently Government Functions

Commanders and their 3C staff must understand there are specific duties, responsibilities, and functions that rest solely with military or federal employees that cannot be performed by the private sector. Inherently governmental functions are those so closely related to the public interest they must be performed by soldiers or Department of the Army civilians. Inherently governmental activities that cannot be contracted normally fall into two categories: the exercise of sovereign government authority or the establishment of procedures (e.g., direction of combat operations or supervision of military/Army civilian personnel) and processes related to the oversight of monetary transactions or entitlements (e.g., contract award). (ATTP 4-10, Chapter 4)

Requirements Development Consideration: Personal Service Contracts

Personal services contracts are contracts that make the contractor personnel appear to be, in effect, government employees. Key indicator of personal services contracts: "relatively continuous supervision and control" of contractor employees by government officials. Personal services contracts require special authorities and approvals and normally do not apply at the tactical level. (ATTP 4-10, Chapter 4)

Requirements Development Consideration: Time

Time is always a consideration when determining support arrangements. Time lines for contract support can vary from a few hours to many months. For example, a commodity request where there is an existing blanket purchase agreement in place can be processed in very short order while a contract for a construction related project can take many months between the initial planning and commencement of work. (ATTP 4-10, Chapter 4)

Requirements Development Consideration: Contractor Management

Requiring activities must address any critical contractor management requirements in the overall OCS planning process. For example, the force protection/AT/security aspects of an on-base local national contract service should be considered in COA analysis. (ATTP 4-10, Chapter 4)

Requirements Development Consideration: Contract Limitations

Contracted support should not be used exclusively to purchase equipment or supplies available in the supply system. additionally, contractors are generally prohibited from providing personal services, i.e., from being integrated into an organization to the extent contractor employees are essentially government employees. (ATTP 4-10, Chapter 4)

Requirements Development Techniques

Following the determination that a contracted function is necessary the requirement must be developed in order to complete the requirements package. (ATTP 4-10, Chapter 4)

Requirements Development Techniques: Regulation and Policies

Requirements development actions will be developed IAW guidance found in the relevant CSIP, CMP and other local command policies and procedures. (ATTP 4-10, Chapter 4)

Requirements Development Techniques: Performance Based Language

As soldiers, we are accustomed to mission type orders; however, contracted requirements must be written with greater specificity. Normally, service type requirements should be written in performance based language. In circumstances where it is essential the contractor perform the service in a specific manner, the SOW may contain little or no performance based language. (ATTP 4-10, Chapter 4)

Requirements Development Techniques: Be Specific

Provide details such as what, where, how much, what quality, how long, etc.. Also include specific conditions such as security procedures, living conditions (for CAAF), environmental restrictions, etc. Do not include details on who should provide this support unless you have a good reason to request a specific contractor and are prepared to develop a sole source letter of justification with strong supporting rationale. (ATTP 4-10, Chapter 4)

Requirements Development Techniques: Use Functional Staff Representatives

Use functional staff representatives, OCS planner (soldier/Army civilian with 3C ASI) and/or potential COR to assist in requirements development when feasible. (ATTP 4-10, Chapter 4)

Requirements Development Techniques: Ask for Assistance

Ask for assistance from your 3C ASI staff officer, supporting contracting officer, or Logistics Support Office. (ATTP 4-10, Chapter 4)

Requirements Package

Requiring activities are responsible for developing "acquisition ready" requirements packages that include a clear description of the requirement, market research information,
appropriate command and staff approvals (to include funding), and points of contact for receipt of goods and services. Contracts will not be awarded without submission of a complete and approved requirements package.

There are two major categories of acquisitions: A Service Contract, and A Supply Contract.

Requirements Package: A Service Contract

Is a contract that directly engages teh time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. Each service contract requirements package requires a SOW/PWS.

Requirements Package: A Supply Contract

Is for a specific commodity. Each supply contract requirements package requires a detailed item description.

Requirements Package: Independent Government Estimate

All requirements packages require an IGE. The IGE is prepared by the requiring activity and is used by the commander for budget planning and the unit resource manager as a funding estimate tool. The IGE is also used by the supporting contracting office to determine a fair and reasonable cost when compared to proposals submitted by contractors.

Note: IGE development is the responsibility of the requiring activity, not the contracting officer and especially not the contractor! A rough estimate or quote from a contractor is NOT an IGE.

Requirements Package: Requirements Justification and Command Approval

All requirements packages need some form of justification letter and/or memorandum. These justification documents are directed by regulation, policy or the nature of the requirement.

Requirements Package: Funding

Requiring activities are responsible for coordinating funding. A military interdepartmental purchase request (MIPR) or DA Form 3953 must accompany the requirements package to ensure commitment of funds and compliance with the Anti-Deficiency Act. Normally, LOGCP funding is secured via a MIPR, while funding theater support contracts uses a DA Form 3953.

Note: Refer to local command policies for specific contract funding documentation requirements.

Requirements Package: COR and Receiving Officials

The requiring activity (or designated supported units) must nominate qualified CORs and identify receiving officials as part of the requirements package development process. Commanders enhance the quality of the contract support they receive by nominating soldiers to be CORs who have expertise in the services the contract is to provide.

Requirements Package: COR Nomination and Qualification Certification

The requiring activity or designated supported unit is also required to provide a trained COR for every service contract. The COR is a soldier or Army civilian, nominated by the requiring activity or designated supported unit and appointed in writing by the contracting officer. The COR is responsible to monitor contract performance, conduct contract surveillance, and perform other duties as specified by their appointment letter. The unit nominating the COR must consider the technical aspects, monitoring frequency, and monetary value of the requirement to ensure the COR's subject matter expertise and availability are commensurate to the requirement. CORs must complete training IAW DOD standards for level A, B, or C before nomination by the commander. This should be accomplished prior to deployment.

Requirements Package: Receiving Official Designations

Requiring activities are required by policy to provide a solider or Army civilian to act as a receiving official for the delivery of contracted commodities. The receiving official has the responsibility to inspect the item at the point of delivery and may, if necessary, reject the item if it does not meet the contract specifications, terms and conditions.

Requirements Package: Other Supporting Documentation

Federal, DOD, and Army regulation, policy or the nature of the requirement may require additional documentation submission to process. Some examples of additional supporting documents include:
* Justification and approval letter for limiting full and open competition.
* An acquisition strategy/plan.
* A draft QASP (for a service contract).
Many of these documents require specific training and experience to prepare.

Post Contract Award Action

The requiring activity and/or supported unit have a critically important role to play in the post contract award process. The 3C staff officer, unit CORs and receiving officials are key players in this process.

Post Contract Award Action: Tracking Contract Support

The use of contracted support and its complexity in current operations illustrates the need for detailed contract support monitoring and management by the requiring activity/supported unit. The staff should develop and use a system and local procedures for the monitoring and review of contracted requirements.

Post Contract Award Action: COR Monitoring

Requiring activities and designated support units must track CORs for all active service contracts and requests for contract support. Monitoring the appointed CORs planned rotation allows requiring activities to ensure technically competent, trained personnel are available and in place to provide seamless COR coverage.

Post Contract Award Action: Performance Evaluation Boards

While not required for fixed price contracts, performance evaluation boards (PEBs) are used as a formal mechanism to provide performance feedback to the contractor for award-fee contracts, identifying strengths, areas for improvement, and areas of emphasis in a uniform, fair, and consistent manner.

Performance Evaluation Boards: Award Fee Board

An award fee provides a pool of dollars that can be earned based upon the Government's evaluation of the contractor's performance in various performance areas within established time periods. The intent of an award-fee arrangement is to incentivize a contractor to improve performance based upon the Government's assessment of the contractor's progress.

Performance Evaluation Boards: Unauthorized Commitments and Ratification

With the limited exception of special authorizations such as the Commander's Emergency Response Program (CERP) and field ordering officers (FOO), only warranted contracting officers have the authority to contract for and/or legally obligate the Government for the purchase of supplies or services with federal funds.

UACs are agreements, implicit or implied, made by government personnel (commanders, staff, etc.) to purchase items or services with federal funds; these agreements aren't binding because the government representative who made them lacked the authority to enter into such agreements on behalf of the government. UACs can also occurs when a COR or government official exceed their authority under existing contracts. When a COR exceeds their delegated authority or a government official commits a UAC a claim against the Government may result.

Performance Evaluation Boards: Relief in Place/Transfer of Authority

OCS RIP/TOA is important.
It should be an integral part of the RIP/TOA and associated PDSS process. Though not all operations have RIP/TOA and PDSS opportunities, commanders and staffs rotating into an AO should take advantage of what has already been done (if successful) to mitigate the normal problems associated with RIP/TOA, especially when it concerns OCS. Incoming units need to collect the following from the outgoing unit:
* References (CSIP/CMP extracts, OCS related FRAGOs, command policies or procedure documents, funding/resource management information, etc.)
* Copy of existing contracts, projected contract requirements, and COR requirements.
* Local command COR training policies and procedures.
* Any on-going OCS planning and/or requirements development documents.
* Information of supporting contracting unit/organization and TLF support personnel.
* Local national contract worker base access/security information.
* FOO and paying agent related files.

Special Authorities and Programs

Special programs similar to OCS may be authorized to provide rapid support to lcoal reconstruction and humanitarian needs. Authorization for these special authorities must be formally requested by the operational command er and must receive Congressional approval prior to implementation. The Commander's Emergency Response Program (CERP), as seen in current operations in Iraq and Afghanistan, is an example of a special program established through specific Congressional authority. CERP enables area commanders to respond to urgent humanitarian relief and reconstruction requirements that are of an immediate benefit to local nationals within their AOs. CERP is considered a special authority because Congress has exempted CERP projects from normal statutory fiscal and contacting controls; however, these exemptions do not exempt commanders from being good stewards of US Government funds used for CERP.

Special Authorities and Programs: FOO

The role of the Field Ordering Officers (FOO) is to procure authorized, urgently needed supplies and/or services from local sources during deployments because normal supply channels are either not available or not capable of providing them in a timely manner. FOOs derive their purchasing authority from a warranted contracting officer. FOOs are also authorized to purchase supplies or non-personal services immediately available; ad one delivery/one payment purchases. As with any purchase, FOOs cannot split requirements to meet threshold levels.

OCS

Process of planning for and obtaining supplies, services and construction from commercial spurces in support of joint operations

Section C, PT I

Write PWS

Section F, PT I

Deliveries/Performance

Section J, PT III

List of Documents, exhibits and other attachments

Actual/Express

KO via warrant (Contract AUTH)

Implied

COR via APPT letter (contract AUTH)

Apparent

Based on position or rank (CMD AUTH)

3 types of contract support

System support contracts, external and theater

Performance based acquisition methods as prescribed in FAR Part 37 are used primarily for what type of procurement?

Services

Requirements determination is an operational command function, not a contracting activity function

True

Setting conditions to properly develop, validate, consolidate, and prioritize contract requirements is a critical aspect of:

Contract Support Integration

OCS is the process of planning for and obtaining supplies, services, and construction from commercial sources in support of joint operations and includes:

All of the above (contract support integration, contracting support, contractor management)

ratification

What term is used to describe the confirmation of a unauthorized contract

Name 2 types of contracting authority recognized by the government

actual and implied

The Army Unit responsible for publishing the higher-level Annex W-OCS

ASCC (Army Service Component Command)

In 2007, what report recommended a systematic fix of the Army Acquisition System

The Gansler Commission Report

What are the duties of the LSO

facilitates requirements and planning, provides "green sult" interface-manages expectations, educates customer about LOGCAP capabilities and limitations, prepares project planning requests, co-signs with ACO

What does a contractor do when they are not satisfied with the way a contract is rewarded

protest

What reference is based on administrative law and governs all contracting actions in the US government

Federal Acquisition Regulation (FAR)

What type of contract can support the entire force and bulk of the contractors employees in operations outside the US will usually be local nationals

Theater Support Contract

The organization requesting contract support is referred to as who?

Requiring Activity

Where in the contract is the PWS located?

Part 1 Section C

What organization deploys personnel to administer delegated theater systems and external support contracts including LOGCAP?

Defense Contract Management Agency (DCMA)

In what phase do you start using contractors?

Phase 0
We use contractors in ALL phases

What are the 3 ways for CAAF to deploy

individual, with the unit, self certify

Government Property

ALL property owned by or leased by the government to include personal and real property and government-furnished and contractor-acquired property

Why do we use GFP?

best interest of the government, overall benefit outweighs the increased cost of administration to include disposal, providing the property does not increase the Government's risk, and government requirements cannot otherwise be met

If GFP is going to be used routinely by the contractor in the performance of the contract

then this should be stated in the contract

What is OCS?

the process of planning for and obtaining supplies, services, and construction support integration, contracting support, and contractor management functions.

What are the elements of a properly written Performance Requirements Summary (PRS)?

Performance Objectives, Performance Indicators, Performance Standards

3 Types of Buckets

Contract support integration, Contracting Support, Contractor Management

3 Types of Authority

Actual/Express- KO, Implied-COR, Apparent- SGM,Commander

Joint Requirement Review Board (JRRB)

approves requirement and Letter of Justification (LOJ)

KO has a warrant for actual/express authority

COR is given implied authority by memorandum

How many types of contract support are there- Three

system-asfb (FSRs CAAF), local nationals (non-CAAF)
external-each military service, LOGCAP funded with OMA (100%)
theater-awarded in theater

Dispute

disagreement with ACO and contractor during the contract

Work Load Data

historical data, estimated data, data that the contractor needs to submit a proposal

Work Load Data goes in

Part 3 Section J

Deliverables

Part 1 Section F

PWS

Part 1 Section C

FAR Part 37 Services

Requires perform based, outcome based format
measurable, allows more flexibility, innovation, lesser cost

JRRB

validates requirements

Who identifies the requirements

always the unit commander of the requiring activity

3C

oversees the acquisition life cycle from cradle to grave

The soldier or department of the army civilian who has the legal authority to enter into a contract on behalf of the government

KO (contracting officer)

The three army units that have ffull time operational contract support planners

TSC, ESC Expeditionary, Sustainment Brigade SUSBDE

This element of an IGCE describes expenses associated with a contractor's home office overhead

General and Administrative (G&A) Expenses

The person that appoints in writing that a COR is ready to assume his/her duties

the contracting officer

This document is used by the requiring activity and the resource management office to estimate funds required for contract projects

the Independent Government Estimate (IGE)

The specific part of the contract used by the COR to ensure that the contractor is performing the contract

the performance work statement (PWS)

the doctrinal title and annex letter of the overarching OCS plan

Contract Support Integration Plan (CSIP) or Annex W

The Army O6 Level Command responsible to coordinate and provide technical assistance in the development of the CSIP

The Contracting Support Brigade (CSB)

The process of planning for and obtaining supplies, services, and minor construction from commercial sources in support of joint operations

Operational Contract Support (OCS)

Functions that are precluded by law and/or policy from being contracted

Inherently Governmental Functions (IGF)

The Joint Force Commander's mechanism used to control and approve selected high priority and high dollar item commercial support requirements

Joint Requirements Review Board (JRRB)

The year the US Army First used contract support

1775

The overarching publication that governs contracting actions in the US Government to include OCS related contracting

Federal Acquisition Regulation (FAR)

The first war where there was extensive use of system support contractors

Vietnam War

LOGCAP is the largest and most extensively used example of this type of contracted support

External Support Contracting

The name of the report that issued a scathing critique of the Army's ability to effectively and efficiently plan and manage OCS

The Gansler Commission Report

The document where one would find all necessary contracting related information needed by JFC subordinate units to plan and execute theater support and external support contracts in the area of operations

Contract Support Integration Plan

Operational Contract Support

The integration of commercial sector support into military operations.

Contract Support Integration

The process of synchronizing operational planning, requirements development and contracting in support of deployed military forces and other designated organizations in the AO.

Contractor Management

The process of managing and integrating contractor personnel and their equipment into military operations.

Contract

An agreement, enforceable by law, between two or more competent parties, to do or not do something no prohibited by law, for a legal consideration.

Prime Contract

A contract or contractual action entered into by the United States Government for the purpose of obtaining supplies, materials, equipment or services of any kind.

Prime Contractor

The organization that has entered into/signed the contract with the United States.

Subcontract

A contract entered into by a prime contractor to a subcontractor for the purpose of obtaining supplies, materials, equipment, or services under a prime contract.

Privity of Contract

The legal relationship that exists between two contracting parties, for example, between the prime contractor and the United States.

Contractor

An individual or business, to include authorized subcontractors that provide products or services for monetary compensation IAW the terms and conditions of a contract.

Head of Contracting Activity (HCA)

The official who has overall responsibility for managing the contracting activity.

Contracting Officer (CO)

The military officer, NCO or civilian with the legal authority to enter into, administer and/or terminate contracts.

Requiring Activity

A military or other designated supported organization that identifies, plans for and coordinates for contracted support during military operations. May also be the supported unit.

Supported Unit

The organization that is the recipient, not necessarily the requestor, of contractor-provided support. May also be the requiring activity.

Contracting Officer Representitive (COR)

Service member or DOD civilian appointed by the contracting officer to monitor contract performance and perform any other duties as assigned by the CO.

Types of Contract Support

-Theater Support Contracts
-Systems Support Contracts
-External Support Contracts

Theater Support Contracts

A type of contingency contract awarded by contracting officers deployed to the operational area. Usually expedited contracting authority.

Systems Support Contracts

Pre-arranged contracts awarded by and funded by acquisition program execvutive officers (PEOs) and project/product management (PM) officers. Technical support, maintenance support and in some cases, Class IX support for a variety of army weapon and support systems.

External Support

Contracts awarded by contracting organizations whose authority does not derive direstly from the theater support contracting head of contracting activity or from systems support contracting authorities. Provide a variety of logistic and other non-combat related services and supply support.

Operational Contract Support Imperatives

-Command Authority is not equal to Contracting Authority
-The OCS process is based in law
-Procurement integrity, conflict-of-interest and ethics

Operational Contract Support Structure

U.S. Army Materiel Command (USAMC) --> U.S. Army Contracting Command (USACC) --> Expeditionary Contracting Command (ECC) --> Contracting Support Brigade (CSB) --> Contingency Contracting Battalion (CCBN) --> Contingency Contracting Team (CCT)

Requirements Determination

The process of identifying necessary mission support eligible to be contracted.

Requirements Development

The detailed work of preparing and coordinating an "acquisition ready" requirements package.

Statement of Work (SOW)

A portion of a contract developed by the requiring activity describing the actual work to be done by the contractor.

Performance Work Statement (PWS)

A form of SOW emphasizing measurable performance requirements and quality standards utilizing performance-based language to describe the specifications/ requirements.

Independent Government Estimate (IGE)

A government-produced estimate of the cost/price for goods and/or services to be procured by the contract.

Acquisition Review Board (ARB)

Board used to control critical common-user logistic supplies and services within the operational are and to recommend the proper sources of support for approved support requirements.

Contract Administration

A subset of the contracting process including efforts that ensre supplies and services are delivered IAW the conditions and standards expressed in the contract.

Unauthorized Commitment (UAC)

An agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement.

Ratification

The act by an official, who has the authority to do so, of approving an unauthorized commitment.

Contracting Officer

The soldier or the Department of the Army civilian who has the legal authority to enter into a contract on behalf of the government

The requiring / requesting unit

The organization responsible for developing specific contract requirements and obtaining funding for the same

Theater Support Contracts

The type of contract support that utilizes local or host nation commercial sources

Administrative Contracting Officer (ACO)

The title of the contracting officer normally associated with LOGCAP task order management

Unauthorized Commitment

A non-binding agreement between a non-warranted US government representative and commercial activity

Primary role of LOGCAP Support Officer

Who/What is to assist the requiring activity to develop project purchase requests (PPR) and other LOGCAP related documents

Army Field Support Brigade

The Army Material Command O6 level unit responsible for system support contracting mission

Defense Contract Management Agency (DCMA)

Dept of Defense agency currently responsible to assist in LOGCAP contract and property administration

Theater Support Command (TSC), Expeditionary Support Command (ESC), and Sustainment Brigade (SUS BDE)

Three Army units that have full operational contract support planners and managers in their support operation sections

Who has Nomination authority for CORs?

Requiring activity or supported unit commander

General and Administrative (G&A) Expenses

Element of IGCE that describes expenses associated with a contractor's home office overhead

Contracting Officer

The person that appoints in writing, that a COR is ready to assume his/her duties

Performance Work Statement (PWS)

Specific part of the contract used by the COR to ensure that the contractor is performing IAW the contract

Contracting Support Brigade

The Army O6 level command responsible to coordinate and provide technical assistance in the development of the CSIP/ Annex W

Operational Contract Support

The process of planning for and obtaining supplies, services and minor construction from commercial sources in support of joint operations

Inherently governmental functions

Functions that are precluded by law and or policy from being contracted

Joint Requirements Review Board (JRBB)

The Joint Force Commander's mechanism used to control and approve selected high priority and high dollar item commercial support requirements

Federal Acquisition Regulation (FAR)

The overarching publication that governs contracting actions in the US government to include OCS related contracting

Vietnam War

The first war where there was extensive use of system support contractors

External Support contracting

LOGCAP is the largest and most extensively used example of this type of contracting support

The Gansler Commission Report

The report that issued a scathing critique of the Army's ability to effectively and efficiently plan and manage OCS

Systems support contracts

contracts awarded by a Military Department and USSOCOM contracting offices' supporting systems program executive offices (PEOs) and PM offices for the provision of technical support, maintenance, and, in some cases, repair parts for selected military weapon and support systems

External support contracts

contracts awarded by contracting organizations whose contracting authority does not derive directly from theater support or systems support contracting authorities

PWS Writing Steps

1. Identify performance objectives
2. Develop the Work Breakdown Structure
3. Develop performance requirement summary
4. Develop scope, definitions, references,
deliverable
5. Packaging: cover sheet & table of contents
6. Publish.

Contractors authorized to accompany the force (CAAF)

contingency contractor employees and all tiers of subcontractor employees who are specifically authorized through their contract to accompany the force in foreign contingency operations.

Contract Support Integration

The coordination and synchronization of contracted support executed in a designated operational area in support of the joint force

Contracting Support

The execution of contracting authority and coordination of contracting actions in support of joint force operations.

Contractor Management

shared responsibility between the JFC staff, requiring activity, supported unit, base commander, and supporting contracting officer. This is directly linked to the FAR-based contract administration process used to ensure the USG receives what it has paid for IAW the terms and conditions of the contract

Contingency Contract

A legally binding agreement for supplies, services, and construction let by government contracting officers in the operational area as well as other contracts that have a prescribed area of performance within a designated operational area.

Logistics Civil Augmentation Program (LOGCAP)

Army program designed to provide logistics and minor construction support to Army, joint, other USG organizations, and authorized multinational forces through pre-selected performance contract companies.

Field Ordering Officer (FOO)

Person designated to make over-the-counter purchases in amounts up to the micro-purchase threshold. QFR which will provide your commander with the ability to make local purchases, quickly and directly, to support the commander's (your unit's) mission

Quality Assurance Surveillance Plan (QASP)

Document used by the government to guide the assessment of contractor performance in accordance with the terms and conditions of the contract

Types of Authority

Actual/Express - Contracting Officer via warrant (contract authority)

Implied - COR via appointment letter (contract authority)

Apparent - Based on position or rank (command authority)

Privity of Contract

The legal relationship that exists between two contracting parties, for example the prime contractor and the United States. Only those involved with striking the agreement may be bound by it.

Uniform Contract Format

Part I: Schedule
Part II: Contract Clauses
Part III: List of Documents and Exhibits
Part IV: Instructions to Bidders

Annex W

Operational Contract Support - published by the Army Service Component Command (ASCC) to provide the higher level (overarching) contract support guidance for a specific operation.

Contractor Management Plan (CMP)

captures key operational specific contractor personnel and equipment related information.

Performance Based Services Acquisition (PBSA)

defines service requirements in terms of performance objectives; communicates measurable outcomes rather than direct performance processes; method for acquiring what is required and placing responsibility for how it is accomplished on the contractor

What section of contract contains PWS?

UCF - Part I - Section C

Who develops PWS?

development is the requiring activity's responsibility; ideally, the COR participates in developing the requirement and other pre-award activities

Work Breakdown Structure

basis for communication throughout the acquisition process, a task oriented division of a project into smaller components. It defines and groups a project's discrete work elements in a way that helps organize and define the total work scope of the project.

How to develop a WBS

B- Brainstorm
O- Organize
A- Analyze
R- Reorganize

What are Performance Standards?

Targeted levels or ranges of performance for each indicator (characteristic) that the Government assesses. Each Performance Standard must be:
R- Relevant
A- Achievable
M- Measurable

Government Furnished Property (GFP)

property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract.

Why do we issue GFP?

-Best interest of the Government
-Overall benefit outweighs the increased cost of administration to include disposal
-Providing the property does not increase Government's risk

Explain the difference between
Theater Support vs. LOGCAP

Theater Support: customer (unit) must provide REQ, PWS, IGCE, PR&C

LOGCAP: customer (unit) has an advocate in the LSO shop to help with PPR &PPE

Letter of Technical Direction (LoTD)

Document providing more specific direction than what is in the task order, but it does not change the value of the task order

Project Planning Request (PPR)

Document that formally requests the contractor to provide a cost estimate, schedule, and plan for execution

Project Planning Estimate (PPE)

Provided by the contractor in response to the PPR; 10% (+/-) estimate based on a SOW or PWS and requirements package; considered a definitized estimate

Change Order (CO)

Provides contractual direction for requirement changes that are not currently within the schedule of work to be performed under the task order PWS or SOW

Letter of Authorization (LOA)

The travel order equivalent document for contractors authorized to accompany the force

Authorized methods to deploy contractor personnel

1. Deploy as individuals
2. Deploy with supported unit
3. Self certify

Quality Assurance Surveillance Plan (QASP)

Tool used by the COR to assess contractor performance that is built form the PWS and performance requirements summary

Justification and Approval (J&A)

document used to justify a request to get support from a specific commercial vendor

Change Order

The contract equivalent of a military fragmentary order (FRAGO):

Performance Work Statement (PWS)

Document generated by the requiring activity that is similar to the concept of operations section of an operations order

Letter of Justification (LOJ)

Document in a JRRB package that addresses the current situation, background, contract action requested, and impact if the contract is not funded

Unauthorized Commitment

Term used to describe what occurs when a commander or other non-contraction personnel directs a contractor to perform outside the scope of their contract

Dispute

Term used to describe a formal disagreement between the contractor and the government that arises during the management of an existing contact

Government Accountability Office (GAO)

Federal government agency used to make decisions on protests involving large complex government contracts

Conflict of interest

Using a contractor to develop your PWS could lead to this type of legal issue:

General and Administrative (G&A) Costs

Cost factor that includes management, financial or other expenses incurred for the overall operation of a business, sometimes referred to as home office expenses (Over Head Expenses)

Types of procurement that normally do not require a PWS

Commodity (Supply) or Construction Related Contracts

The three legislative controls over funds

Purpose, Time, and Amount

Notice to Proceed (NTP)

Term used to describe when the contracting officer gives the go ahead to the contractor to begin work:

Best Value

Contract selection process utilized when the contracting officer selects a contractor based on past performance, technical expertise rather than the lowest cost

Prime Contractor

Organization responsible to enforce contract stipulations to a subcontractor?

Money as a Weapon System (MAAWS)

Start point for successfully building a requirements package
; SOP for spending money in theater; necessary guide for navigating the requirements package approval process

Termination for cause

The Government's right to terminate a commercial contract in whole or in part for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

Termination for convenience

The government's right to terminate a commercial contract in whole or in part, for its sole convenience

3 things always present in fraud case

opportunity, rationalization and pressure

Fraud

The intentional deception designed to unlawfully obtain something of value for individual benifit

Bribery

The type of acquisition volition that is indicative of quid pro quo

Commander's Emergency Response Program (CERP)

Program that enables commanders to respond to urgent humanitarian relief and reconstruction requirements within their AOR; used to assist the indigenous population

Project Purchasing Officer (PPO)

Manages CERP projects and appointed by KO

Primary Assessment Methods

Periodic/ Planned Scheduling, Random Sampling and
100% Inspection

Secondary Assessment Methods

Validated Customer Complaints (VCC)
Unscheduled Visits (UV)
Customer Evaluation (CE)

Legislative Controls on Expenditure of Funds

Purpose - Color of Money
Time - Lifecycle of Funds
Amount - Spending Threshold

Three buckets associated with Operational Contracting Support

Contract Support Integration
Contracting Support
Contracting Management

Protest

A disagreement with the way a contract was awarded

Requiring Activity's Commander

approves a units decision to out source requirements

Joint Staff Sections

J1- Personnel J2- Security (Vetting) J3- Operations J4- Logistics
J5- Strategic Plan/Policy J6- Command /Control J7- Joint Doctrine
J8- Force Structure

Who initiates a contract renewal

Requirement Activity (commander)

Purpose of JRRB (Joint Requirements Review Board)

Validate, Review, Prioritize requirements

Corrective Action Request (CAR)

Formal notification from the Contracting Offices to the Contractor detailing poor or substandard performance

Contractor Management Steps

Planning, In-theatre management,
Pre-Deployment prep, Re-Deployment
Deployment/Reception

PWS Writing Steps

1. Identify overarching performance objectives
2. Develop the Work Breakdown Structure
3. Develop performance requirement summary
4. Develop scope, definitions, references,
deliverable
5. Packaging: cover sheet & table of contents
6. Publish.

3 Critical Elements of PRS

1. performance objective (PO)
2. performance indicator (PI)
3. performance standard (PS)

PWS Philosophy

Performance based writing should be less descriptive

Types of Contracts

Systems- Tech, Weapons, MRAMP
External- LOGCAP
Theater- In-Theater (Overseas)

Contracting Officer Representative (COR)

The Soldier or DA Civilian responsible to monitor contract management

SPOTS-ES

Current DoD Contractor Accountability Program of Record

Types of procurement not requiring a PWS

Construction, professional services, supply, or utility procurement

Independent Government Cost Estimate (IGCE)

Used by KO with contractor's proposal to determine a fair and reasonable price prior to award a contract or issuance of a modification

Primary role of the LOGCAP Support Officer

To assist the RA to develop PPRs and other LOGCAP related document

FAR Part 46

Quality Assurance

FAR Part 45

Government Property

Far Part 37

Service Contracting

FAR Part 52

Solicitation, Provision and Contract Clauses

FAR Part 10

Market Research

Gifts

Less than $20 Not to exceed $50 per year

DD250

Certifies receipt of supplies and payment

Two Arm Rule

Person cannot serve as FOO and Pay Agent Simultaneously

Service Contract Approval (SCA) Form

Used to determine whether the service being contracted is an inherently Governmental Function

Letter of Justification (LOJ)

Impact if Not funded

QASP

Tool used to guide us to assess contractor performance