1

Ha n d b o o k

Version 5—July 2015

Essential Tools and Information to Meet 

Contingency Contracting Needs for the 21st Century

DEFENSE CONTINGENCY CONTRACTING
Table of Contents

Contents

Introduction and Foreword 5

Chapter 1

Ethics; Standards of Conduct; and Fraud, Waste, and Abuse 7

Chapter 2

Authorities and Structure 31

Chapter 3

Contingency Funding and Requirements Process 49

Chapter 4

Planning and Guidance 84

Chapter 5

Contract Support Execution—Processes, Policy, and Tools 135

Chapter 6

Contract Administration 196

Chapter 7

Protests, Claims, Disputes, and Appeals 235

Chapter 8

Cross-Cultural Competence and Situational Awareness 254

Chapter 9

Domestic Emergency Response 273

Appendix A

Abbreviations and Acronyms 312

Index

Index 332
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Handbook Information

An online version of this handbook can be found at 

http://www.acq.osd.mil/dpap/ccap/cc/jcchb/.

Questions concerning the use, update, request for, 

or replacementof this handbook should be sent to

Defense Procurement and Acquisition Policy, Contingency Contracting 

3060 Defense Pentagon Room 3C958, Washington, DC 20301-3060

Commercial: 571-256-7009, Fax: 571-256-7004, E-mail: 

ContingencyContracting@osd.mil.
Introduction and Foreword

Introduction 

This handbook provides a pocket-sized 

guide to help you meet the needs of those 

whom you are supporting. This is crucial 

to your success and that of the overall 

mission. It is by no means a standalone 

document and must be read together with 

the Federal Acquisition Regulation, the 

Defense Federal Acquisition Regulation 

Supplement, and Joint Publication 4-10 

Operational Contract Support.
5 Foreword

Foreword for 

Contingency Contracting officers

During a deployment, contingency operation, or response to natural 

disasters, conditions can change in a hurry. One day you might be 

operating in a sustained operational environment, and the next you 

could be deployed to a bare base or supporting disaster relief operations 

in the field. The challenges you face might be 

very familiar or totally unprecedented. You 

might have little or no time to prepare, and 

you could have nothing but your own wits 

to guide you. The success of your mission 

might depend in part or completely on your 

ability to solve problems and think quickly.

Your job as a contingency contracting 

officer (CCO) is acquiring the items needed 

to support the mission. While doing this 

job, you should be aware that many foreign 

business cultures expect kickbacks, finder’s 

fees, exchanges of gifts, or other gratuities 

that are illegal for U.S. personnel to provide 

or accept. You should always ensure that 

ethics regulations are closely observed. As a 

CCO, you must be vigilant in advising U.S. commanders, requirements 

personnel, and CCO-appointed representatives about practices that 

might violate standards of conduct. We have produced this Defense 

Contingency Contracting Handbook to help you successfully operate in 

a variety of mission environments. This handbook and the supplemental 

materials provide the essential information, tools, and training for 

you to meet the challenges you will face, regardless of the mission or 

environment.

Ms. Claire M. Grady

Director

Defense Procurement and 

Acquisition Policy
6 Defense Contingency Contracting Handbook

Foreword

Purpose

This handbook was produced electronically for ease of access 

and periodic updates, and in hard copy format to assist CCOs in 

environments where the electronic version is not accessible. The 

information herein, as well as the supplemental materials and links 

on the handbook website at www.acq.osd.mil/dpap/ccap/cc/jcchb, are 

crucial to your success and that of the overall mission. No one can 

remember verbatim all of the relevant training, and this handbook is 

designed to fill in the gaps. However, it is by no means a standalone 

document and must be read together with the Federal Acquisition 

Regulation (FAR), Defense Federal Acquisition Regulation Supplement 

(DFARS), and Joint Publication 4-10, Operational Contract Support. 

This handbook can be used for training at home station, as a reference, 

and for training during deployment, to enable the CCO to be effective 

in any contracting environment. CCOs should continue to monitor the 

Defense Procurement and Acquisition Policy (DPAP) Contingency 

Contracting website for the most up-to-date guidance and information.

Authority

I have authorized the Defense Contingency Contracting Handbook. 

DPAP prepared this handbook with the assistance of the Defense 

Acquisition University and representatives from the United States 

Army, Navy, Air Force, and Defense Agencies. These organizations 

will help produce future updates.

Ms. Claire M. Grady

Director

Defense Procurement and Acquisition Policy
1. Ethics

Chapter 1

Ethics; Standards of Conduct; and 

Fraud, Waste, and Abuse

CHAPTER CONTENTS

Key Points............................. 8

Introduction........................... 9

Competing Interests............ 10

General Principles 

of Government Service....... 10

Conflict of Interest............... 12

Gift Prohibition .................... 13

Treatment of Violations ...... 16

Combating Trafficking 

in Persons........................... 17

Fraud .................................. 18

Waste and Abuse................ 24

Interactions with 

Contractor Employees ........ 27

Checks and Balances......... 28

Ethical Contracting 

in Contingency 

Environments...................... 29

Additional References......... 30
8 Defense Contingency Contracting Handbook

Chapter 1 

Ethics; Standards of Conduct; 

and Fraud, Waste, and Abuse

Key Points

• Ethics are vitally important when conducting business on 

behalf of the U.S. government, particularly in contingency 

environments, which often involve high operations tempos and 

cultural differences. 

• Always remember that your duty is to the government, 

Department of Defense (DoD), your customer, and the mission. 

• One of your most important duties as a contracting officer 

is to educate the deployed force that you are the only person 

authorized to obligate the government.

• Work with the Office of Special Investigations (OSI), Criminal 

Investigation Division (CID), or legal counsel to inform 

the deployed force of the pitfalls of improper actions with 

contractors, risks of working in a contingency environment, 

and foreign business practices. 

• Lack of acquisition reviews and pressure to get the mission 

accomplished at the start of contingency operations can lead to 

poor ethical decisions.

• You must strictly avoid any conflict of interest—or even the 

appearance of a conflict of interest. Immediately report any 

improper activities to legal counsel.

• In some countries, “paying it back” to a contingency 

contracting officer (CCO) is a common practice. Although 

giving gifts—cash, jewelry, or other expensive items—may be 

common there, accepting kickbacks is a serious violation that 

can result in a prison sentence. 

• You may not accept any gift because of your official position, 
9 Chapter 1

Ethics; Standards of Conduct; 

and Fraud, Waste, and Abuse

and you may not accept any gift from a contractor, potential 

contractor, or partnering contractor. 

• Exceptions to the gift prohibition are very limited. You must 

document unavoidable violations and report them to legal 

counsel immediately. If you are ever in doubt, contact your 

legal advisor and notify your chain of command.

• DoD does not tolerate any form of human trafficking or forced 

labor by any of its contractors or contractor personnel.

• Fraud, waste, and abuse are serious matters that carry serious 

consequences. They hinder mission accomplishment and must 

be avoided. Maintain your integrity and do what’s right!

Introduction

Maintaining high ethical standards and procurement integrity 

is vital for DoD contracting officers, and its importance cannot be 

overstated. Federal Acquisition Regulation (FAR) 3.101 reminds CCOs 

and other acquisition support personnel that “government business shall 

be conducted in a manner above reproach and, except as authorized by 

statute or regulation, with complete impartiality and with preferential 

treatment for none.” Meeting this requirement can be challenging 

in a deployed environment, where varying cultural, political, and 

economic conditions influence the expectations and business habits 

of local suppliers. In addition, the increased pressure to meet mission 

requirements expeditiously in contingency environments can lead to 

poor ethical decisions. CCOs need to remember that contingencies 

engender contracting challenges not often seen in normal domestic 

business operations. Recent operations involved contracting officers, 

contracting officer’s representatives (CORs), contractors, and others 

who made unethical decisions that resulted in hefty fines and lengthy 
10 Defense Contingency Contracting Handbook

prison sentences. As a protector of government interests, you must 

always remember that your duty is to the government, DoD, and 

American taxpayer—and, ultimately, to the mission. 

Competing Interests

In some respects, government interests may be directly opposed to 

those of the contractor. Most suppliers in the contingency environment, 

particularly in locations where U.S. forces have an established presence, 

understand the ethical responsibilities and integrity-related restrictions 

placed on DoD contracting officers. However, this is not always the 

case. Some contractors want so badly to secure government contracts 

that they will offer CCOs gifts and kickbacks in an effort to obtain 

contract awards or preferential treatment. It may be commonplace in the 

respective host nation to offer these gratuities. 

Real-World Example: A group of contractors bid on a solicitation for services that had a 

$250,000 independent government estimate (IGE). All offers were well over the IGE, on or 

around $825,000, and within 10 percent of one another. While competition was adequate, 

the Air Force Office of Special Investigations and the contracting officer determined that the 

contractors were colluding, which is prohibited in federal acquisition. 

The Bottom Line: As a CCO, you should always be aware of competing interests at play. Look 

out for corrupt sources of supply working only to enrich their company through deceptive 

means. Follow the reporting procedures in FAR 3.303 if you suspect collusion or other 

antitrust violations. 

General Principles of Government Service

CCOs have an obligation to the United States government and its 

citizens. CCOs must therefore be familiar with the following principles 

of ethical conduct as established in Executive Order 12731 and as 

codified in 5 Code of Federal Regulations (CFR) 2635.101.

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and Fraud, Waste, and Abuse
11

• You must place loyalty to the Constitution, the laws, and 

ethical principles above your private gain. 

• You must not hold financial interests that conflict with your 

official duties. 

• You must not engage in financial transactions using nonpublic 

information or permit the release of such information for any 

improper use. 

• You must not solicit or accept any gift from any person or 

entity seeking official action from, or doing business with, 

DoD or its elements. 

• You must put forth honest efforts in the performance of your 

duties. 

• You must not knowingly make unauthorized commitments or 

promises that bind the government without authority. 

• You must not use public office for private gain. 

• You must act impartially, not giving preferential treatment to 

any person or entity. 

• You must protect and conserve government property, using it 

only for authorized purposes. 

• You must not seek outside employment or engage in outside 

activities that conflict with official duties. 

• You must disclose fraud, waste, abuse, and corruption to 

appropriate authorities. 

• You must act in good faith in satisfying the obligations of 

citizenship, including paying just financial obligations and 

taxes. 

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and Fraud, Waste, and Abuse
12 Defense Contingency Contracting Handbook

• You must adhere to all laws that provide equal opportunity 

for interested parties regardless of race, color, religion, sex, 

national origin, age, or disability. 

• You must endeavor to avoid any actions that create the 

appearance of unethical conduct from the perspective of a 

reasonable person. 

Conflict of Interest

One of the most basic ethical and legal principles is that CCOs 

may not take official action on a matter that could affect their personal 

interests, as noted in 18 United States Code (U.S.C.) 208. CCOs must 

remember that “the general rule is to avoid strictly any conflict of 

interest or even the appearance of a conflict of interest in governmentcontractor relationships” (FAR 3.101-1). This rule prohibits an employee 

from participating personally and substantially in an official capacity in 

any matter in which that employee—or any person whose interests are 

imputed (connected) to that employee—has a financial interest if that 

matter will directly and predictably affect that interest. In other words, 

the ethics rule requires the following: 

• If you are officially involved in a matter that could affect your 

own financial interests, or those of someone with whom you 

are related or associated, you must not act on that matter in 

your official capacity. 

• If your official involvement creates even the appearance of a 

conflict of interest to a reasonable person, you should remove 

yourself from considering that matter—or at a minimum, seek 

legal advice. 

• Conflicts of interest represent one of the very few areas of 

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Ethics; Standards of Conduct; 

and Fraud, Waste, and Abuse
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Ethics; Standards of Conduct; 

and Fraud, Waste, and Abuse

the law where you do not have to be guilty to find yourself 

in trouble—even the appearance of a conflict of interest can 

create problems, so remember that perception matters.

• When conflicts of interest arise, the conventional ways of 

handling them, with advice from an ethics counselor, include 

(1) disqualification or recusal (stepping aside from decisions 

that could affect your financial interests); (2) waivers of 

disqualification (continuing your involvement, but only with 

full disclosure to, and permission from, agency officials); and 

(3) divestiture (removing the financial interest that creates the 

conflict, which often involves selling the financial interest at 

issue).

• Annually, CCOs must complete Office of Government Ethics 

(OGE) Form 450, Confidential Financial Disclosure Report

to report their financial interests and other interests outside 

the government. This helps identify conflicts of interest or 

potential conflicts. Upon arrival to the deployed location, 

CCOs should check local policy and procedures to determine 

whether resubmitting OGE Form 450 is required.

• CCOs should familiarize themselves with 18 U.S.C. 207, which 

includes a provision that prevents a government employee 

from “switching sides” and representing another person or 

entity before the United States on the same matters on which 

they worked as a government employee.

Gift Prohibition

Federal employees are prohibited from soliciting or accepting gifts 

from a prohibited source or because of the employee’s official position. 
14 Defense Contingency Contracting Handbook

A gift or gratuity may be anything of monetary value, including things 

such as discounts, favors, entertainment, hospitality, and loans (5 CFR 

2635.203(b) and FAR 3.101-2). A prohibited source can be a company 

doing business or seeking to do business with the federal government, 

including contractors, partnering contractors, prospective contractors, 

employees, agents, and representatives (5 CFR 2635.203(d)). The rules 

prohibiting the acceptance of gifts have several exceptions as outlined 

in 5 CFR 2635.204(a). Those most applicable to CCOs are as follows:

• You may accept gifts from a prohibited source up to a total 

face value of $50 per calendar year, but any gifts on a single 

occasion must not exceed $20 in value. (See 5 CFR 2635.204(a) 

for details and hypothetical scenarios.) Deployed commanders 

may implement additional restrictions.

• When in a foreign area, you “may accept food, refreshments, 

or entertainment in the course of a breakfast, luncheon, dinner, 

or other meeting or event” if all of the following conditions are 

met (5 CFR 2635.204(i)(1)-(4)): 

o The market value, converted to U.S. dollars, does not exceed 

the per diem rate for the foreign area, as specified in the Department of State maximum per diem allowances for foreign 

areas.

o Non–U.S. citizens or representatives of foreign governments 

or other foreign entities participate in the meeting or event.

o Attendance at the meeting or event is part of the employee’s 

official duties.

o The gift of meals, refreshments, or entertainment is from a 

person other than a foreign government. 

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Statutes 

The Anti-Kickback Act of 1986, now codified at 41 U.S.C. Section 

87, prohibits actual or attempted kickback payments or offers to provide 

kickbacks, which include any “money, fee, commission, credit, gift, 

gratuity, thing of value, or compensation of any kind, that is provided 

to a prime contractor, prime contractor employee, subcontractor, or 

subcontractor employee to improperly obtain or reward favorable 

treatment in connection with a prime contract or a subcontract relating 

to a prime contract.” Moreover, the U.S.C., Uniform Code of Military 

Justice (UCMJ), and U.S. Department of Justice all specify, “Any 

person who knowingly and willfully engages in conduct prohibited [by 

the Anti-Kickback Act] shall be imprisoned for not more than 10 years 

or shall be subject to a fine ... or both” (41 U.S.C. 87, UCMJ Articles 92

and 134, and U.S. Department of Justice Criminal Resource Manual). 

CCOs must never solicit gifts of any type, regardless of their 

nature or dollar value. They must understand that a bribe occurs when 

someone “directly or indirectly gives, offers, or promises anything of 

value to any public official, former public official, or person selected 

to be a public official, for or because of any official act performed or to 

be performed by such public official.” Giving or accepting a bribe is a 

crime punishable by a fine, imprisonment, or both (18 U.S.C. Section 

201 and UCMJ Articles 92 and 134).

Reporting of Gifts 

If a gratuity is provided to you in any way, you must make every 

attempt to return it. If a contractor insists on giving a gratuity, you 

should do one of the following: 

• Attempt to persuade the contractor to take back the gratuity. 

Explain to the contractor that you cannot accept gratuities as 

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and Fraud, Waste, and Abuse
16 Defense Contingency Contracting Handbook

a U.S. procurement official, and note the repercussions you 

could face for accepting the gratuity. 

• Pay the fair market value of the item. 

• As a last resort, if the contractor appears to be offended, accept 

the gratuity, contact legal counsel immediately, and take 

the following actions: (1) once it is accepted, safeguard the 

gratuity and, if necessary, notify the finance officer to put it in 

a safe and ask for a receipt; (2) turn the gratuity over to legal 

counsel; and (3) write a memorandum for the record (MFR) 

that includes the circumstances and approximate value of the 

item. In addition, mention in the MFR that legal advice was 

obtained.

• If the gratuity is perishable (such as food or flowers), give the 

gift to a charity or share it within the office. 

If ever in doubt about what you should or should not accept, consult 

your organization’s legal office or ethics advisor and your chain of 

command. 

Treatment of Violations 

CCOs have the option and authority to take action against a contractor 

for ethics violations. FAR 3.204 grants the CCO the following options: 

• Terminate the contractor’s right to proceed.

• Initiate debarment or suspension measures (FAR subpart 9.4). 

• Assess exemplary damages, if the contract uses money 

appropriated to DoD.

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Combating Trafficking in Persons

Trafficking in persons (TIP) is a worldwide problem posing a 

transnational threat involving violations of basic human rights. CCOs 

might encounter situations in which contractors engage in these types 

of behaviors. TIP is a leading source of profits for organized crime, 

together with drugs and weapons, generating billions of dollars. TIP 

affects virtually every country in the world. DoD has a zero tolerance 

policy toward TIP.

TIP is the use of force, fraud, or coercion to compel a person to 

provide labor or services or commercial sex. TIP involves exploitation of 

all types. It can include elements of recruiting, harboring, transportation, 

providing, or obtaining a person for the purpose of exploitation. The 

three most common forms of trafficking are labor trafficking, sex 

trafficking, and child soldiering.

Recent studies show the majority of human trafficking in the world 

takes the form of forced labor. Also known as involuntary servitude, 

forced labor may result when unscrupulous employers exploit workers 

made more vulnerable by high rates of unemployment, poverty, crime, 

discrimination, corruption, political conflict, or cultural acceptance of 

the practice. 

TIP has specific implications for CCOs. FAR subpart 22.17, Defense 

Federal Acquisition Regulation Supplement (DFARS) subpart 222.17, 

and DFARS Procedures, Guidance, and Information (PGI) 222.17

provide policy and guidance that apply to all contracts. If faced with 

a situation involving human trafficking, you should immediately 

inform the relevant chain of command and legal counsel. You should 

take immediate action to impose suitable remedies, including contract 

termination, on contractors that support or promote trafficking or that 

fail to monitor the conduct of their employees and subcontractors with 

regard to TIP. 

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18 Defense Contingency Contracting Handbook

The contractor is responsible for knowing its employees’ activities 

and for complying with U.S. policy on combating trafficking in persons 

(CTIP). FAR 52.222-50, “Combating Trafficking in Persons,” is a 

required provision in all solicitations and contracts. Also, pursuant to 

DFARS PGI 222.1703, quality assurance surveillance plans (QASPs) 

should describe how the COR will monitor the contractor’s performance 

regarding TIP such that noncompliance with FAR 52.222-50 is brought 

to the immediate attention of the contracting officer. Violations can be 

reported on the DoD Hotline: http://www.dodig.mil/hotline/ or 800-

424-9098. Additional resources are available at the DoD CTIP Program 

Office.

Fraud

Fraud is the misrepresentation of a material fact with the intent to 

deceive. Fraud can be a single act or a combination of circumstances, 

can be the suppression of truth or the suggestion of what is false, or can 

occur by direct falsehood or through innuendo, speech, silence, word of 

mouth, or look or gesture.

Fraud includes the following:

• Deliberate omission of material facts

• False or misleading representations.

Fraud is a criminal offense. CCOs, contractors, and others have 

faced prison sentences, fines, restitution, and criminal and civil 

settlement agreements due to fraudulent actions supporting contingency 

contracting operations. CCOs must never succumb to fraud and are 

responsible for identifying and preventing it.

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Identification of Fraud Indicators1

Contracting officers play a vital role in the identification, prevention, 

and reporting of fraud. As noted, CCOs have an obligation to report 

any suspected violation or wrongdoing. They should train CORs, 

quality assurance evaluators (QAEs), field ordering officers (FOOs), 

and government-wide commercial purchase card holders on basic fraud 

awareness, identification, prevention, and reporting during their initial 

and refresher training classes. Training representatives on the frontlines 

enhances the government’s ability to detect and prevent fraud.

Common Fraud Offenses

Common fraud offenses include the following:

• Bribery, kickbacks, and gratuities

• Making or use of a false statement

• Falsifying a document or creating a false document

• Making or presenting a false claim

• Companies conducting business under several names

• Collusive bidding (bid rigging)

• Conflicts of interest

• Conspiracy to defraud

• Disclosure of proprietary data or source-selection-sensitive 

information

• Insufficient delivery of contracted items

• Intentional failure to meet specifications (for example, 

1 Sources: Fraud Integrated Process Team and “DoD Fraud, Waste, and Abuse Hotline” trifold 

brochure.

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and Fraud, Waste, and Abuse
20 Defense Contingency Contracting Handbook

contractor use of one coat of paint instead of two, watered 

loads of concrete, inferior memory chips in computers, or 

inferior automobile replacement parts). Recognizing that not 

all failures to meet contract specifications constitute crimes, 

a CCO should seek legal counsel on any suspected contract 

fraud. 

Common Fraud Schemes

Common fraud schemes include the following:

• Rigged specifications, such as when the requesting organization 

tailors specifications to meet the qualifications of one company, 

supplier, or product

• Unvarying patterns in small purchases, such as when a buyer 

(1) awards contracts to favored vendors without soliciting 

competitive offers from additional firms or (2) enters fictitious 

competitive quotations and consistently awards to a favored 

vendor at inflated prices

• Splitting of large requirements, such as when contracting or 

requiring activity personnel divide requirements into small 

purchase orders to avoid the scrutiny required for contracts 

with a larger dollar value

• Duplicate payment, such as when a vendor submits the original 

voucher for payment while the purchaser, acting alone or in 

collusion with the vendor, collects for the same item from the 

cash fund

• Overstatement of shipment weights, such as when carriers 

defraud the government by artificially inflating the weight of a 

shipment by using methods such as (1) fuel bumping, or getting 

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and Fraud, Waste, and Abuse
21

the tare weight with less than a full tank of gas, but the gross 

weight with a full tank; (2) double billing on small shipments 

(500 to 3,000 pounds), or getting two tare-weight tickets for the 

truck, picking up the two small shipments, getting two grossweight tickets for the combined weight of both shipments, and 

then submitting both tickets for payment; and (3) false weights, 

either paying the weight master to provide a false weight 

ticket or maintaining a supply of blank tickets (usually with 

a handwritten rather than printed weight) or a stock of false 

weight tickets

• Counterfeit parts rather than genuine parts (a wide variety of 

counterfeit parts have been known to infiltrate the DoD supply 

chain, from tools to electronics) 

• Emotional bribery, such as when a CCO and a vendor 

representative become friends and the vendor uses this 

friendship to unduly influence the CCO.

Real-World Example: A DoD contracting officer was sentenced to 60 months in prison 

for accepting money and items of value in return for being influenced in the award of DoD 

contracts. He also had to serve 3 years of supervised release following the prison term and 

pay a $15,000 fine. In addition, he was ordered to forfeit Rolex watches, real estate, and other 

property purchased with the proceeds of the bribery scheme. He was deployed overseas in 

Afghanistan, Iraq, and Kuwait as a procuring contracting officer in 2004–07. His duties 

included reviewing bids submitted by contractors for Army contracts, recommending the 

award of Army contracts to specific contractors, and ultimately awarding those contracts. The 

contracting officer admitted that while deployed, he accepted illicit and secret bribe payments 

from foreign companies seeking to secure DoD contracts.2

The Bottom Line: CCOs should become familiar with the fraud indicators described in this 

handbook and identify areas around them that may be susceptible to public corruption. Be 

observant, make ethical choices, and maintain procurement integrity at all times. Federal 

investigators are ever-present in contingency environments. Work with local investigators to 

help mitigate fraud, waste, and abuse in the area of operations. Contact them about unethical 

behavior. A good practice is to invite federal investigators to provide fraud briefings to the 

respective contracting and acquisition support units. 

2 Federal Bureau of Investigation, “Army Contracting Officer Sentenced to 60 Months in Prison 

for Bribery,” January 19, 2001.

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22 Defense Contingency Contracting Handbook

Situations that Enable Fraud

Acts of fraud are enabled by many situations, such as the following:

• Failure to properly monitor contract performance

• Lack of acquisition checks and balances, such as personnel 

who control both the ordering and receiving functions and 

can arrange for diversion of supplies or services for their own 

benefit

• Poorly defined specifications

• Poor physical security

• Receipt of items that cannot be traced to a valid requisition and 

thus could have been ordered for personal use or resale, with 

the resulting paperwork destroyed.

Common Fraud Indicators

Common indicators of fraud include the following:

• Frequent complaints by users of supplies or services

• Government estimates and contract award prices that are 

consistently very close

• Contractor complaints of late payment by the agency

• An abnormal increase in consumption of fuel or supply items

• Failure to deobligate cancelled purchase orders

• An excessive number of photocopies of invoices in file, such 

as (1) approved invoices altered with correction fluid (which 

might indicate the invoice had been copied and the original 

destroyed in an attempt to manipulate the audit trail or commit 

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23

fraud via the alteration), which require follow-up to secure 

external and internal copies for comparison; or (2) duplicate 

copies of supplier invoices, which could indicate the possibility 

of multiple payments of the same invoice and possibly diverted 

checks

• The sale or transfer of assets for apparently less than adequate 

consideration, which might indicate a sham transaction not 

based in economic reality that should be questioned (because 

businesses exist to make a profit).

Lead investigators and contacts for reporting fraud include the 

Air Force Office of Special Investigations (AFOSI), Naval Criminal 

Investigation Service (NCIS), U.S. Army Criminal Investigation 

Command (CID), Major Procurement Fraud Unit (MPFU), Defense 

Contract Audit Agency (DCAA), Defense Contract Management 

Agency (DCMA), Defense Criminal Investigative Service (DCIS), and 

U.S. Army Audit Agency (USAAA). You can contact these agencies at 

the following:

• AFOSI: http://www.osi.af.mil/

• NCIS: http://www.ncis.navy.mil

• CID: http://www.cid.army.mil/

• DCAA: http://www.dcaa.mil/

• DCMA: http://www.dcma.mil/

• DCIS: http://www.dodig.mil

• USAAA: http://www.army.mil/aaa

• DoD Fraud, Waste, and Abuse Hotline

o Telephone: 800-424-9098

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24 Defense Contingency Contracting Handbook

o E-mail: hotline@dodig.mil

o http://www.dodig.mil/HOTLINE.

CCOs must work closely with these investigative agencies to 

mitigate fraud, waste, and abuse. CCOs should ensure processes are in 

place for reporting concerns about unusual or inappropriate business 

actions.

Waste and Abuse

CCOs have the responsibility to identify, and ultimately avoid, waste 

and abuse of resources and taxpayer dollars when conducting business 

on behalf of the U.S. Government. In 2011, a Commission on Wartime 

Contracting (COWC) report to Congress defined waste as follows:

• “Requirements that were excessive when established and/or 

not adjusted in a timely fashion; 

• Poor performance by contractors that required costly rework; 

• Ill-conceived projects that did not fit the cultural, political, and 

economic mores of the society they were meant to serve; 

• Security and other costs that were not anticipated due to lack 

of proper planning; 

• Questionable and unsupported payments to contractors that 

take years to reconcile; ineffective government oversight; and 

• Losses through lack of competition.”3

According to the COWC, $31 to $60 billion in taxpayer dollars has 

been lost due to contract waste and fraud in the recent contingency 

3 COWC, “How did the Commission derive its $31 billion to $60 billion estimate of waste?” 

Information Sheet, September 2011.

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operations in Iraq and Afghanistan. Although the report focused on these 

nations, waste and abuse can happen in any environment, especially 

contingency environments. Waste and abuse can be subjective and often 

more difficult to define than contract fraud, but CCOs should make 

every effort to assist in the prevention of, and ultimately the avoidance 

of, waste and abuse of federal funds and resources. 

Common practices that result in waste and abuse include the 

following:

• Duplicative efforts to satisfy the same objective (in other 

words, contracting for something without proper planning to 

make sure a contract is not already in place for similar work)

• Lack of interagency coordination in the pre-award stage to 

determine whether external agencies have contracts in place 

that could be leveraged

• CORs not trained adequately for the contingency environment

• Unsustainable projects or programs

• Poor contract oversight and surveillance

• Lack of financial and requirements review boards.

Deployed commanders, CCOs, and acquisition support personnel 

should take every possible step to ensure waste and abuse are prevented 

in contingency environments. Waste and abuse, like fraud, undercut 

mission performance. 

The following are some ways CCOs, deployed commanders, and 

acquisition support personnel can minimize waste and abuse:

• Establish joint requirements review boards (JRRBs) and other 

acquisition planning and oversight processes.

Chapter 1

Ethics; Standards of Conduct; 

and Fraud, Waste, and Abuse
26 Defense Contingency Contracting Handbook

• Designate and assign properly trained CORs. Contracting 

officers should provide CCO-led training to clearly relay COR 

responsibilities.4

• Utilize competitive procedures to the maximum extent 

practicable.

• Make use of other methods of obtaining supplies and services 

outside the contingency contracting process where practicable, 

such as host nation support or in-house U.S. Government 

personnel. 

• Establish interagency coordination procedures to avoid 

duplicative requirements.

• Ensure contract oversight is accomplished and projects are 

sustainable post-contract.

• Follow local vendor-vetting procedures to ensure responsible 

contractors receive contracts.

Real-World Example: In 2009, a DoD Inspector General report revealed that a contracting 

officer approved invoices for underutilized contractor personnel responsible for tacticalvehicle field maintenance at a joint base in Iraq. From September 2008 through August 2009, 

the actual utilization rate was only 10 to 15 percent of the requirement. The contractor alerted 

only low-level government officials that the actual labor utilization was far below that of the 

contractor personnel being paid. The government did not act on this information, and the 

COWC estimated that for a particular category of labor services, almost $400 million paid to 

the contractor was wasted through underutilization.5

The Bottom Line: You, as a CCO, can make a difference in the prevention of waste. Act on 

fraud, waste, and abuse information expeditiously and elevate any concerns and findings up 

your chain of command. Also, ensure all contractors know who the CCO is for their contracts, 

so they can notify that individual (rather than low-level government officials) of any issues.

4 CCOs should also direct CORs to the Defense Contingency COR Handbook.

5 CWOC, Transforming Wartime Contracting: Controlling costs, reducing risks, Final Report to 

Congress, August 2011.

Chapter 1

Ethics; Standards of Conduct; 

and Fraud, Waste, and Abuse
27

Interactions with Contractor Employees

A personal services contract is characterized by the employeremployee relationship it creates between the government and contractor 

personnel. The government is normally required to obtain its employees 

by direct hire under competitive appointment or other procedures 

required by U.S. civil service laws. Obtaining personal services by 

contract (rather than by direct hire) circumvents those laws unless 

Congress has specifically authorized acquisition of such services by 

contract. 

CCOs or CORs who interact daily with contractor employees must 

keep in mind that they are not government employees. The terms and 

conditions of the contract define the obligations of each party and the 

contractor’s performance requirements. Understand that federal and 

DoD standards of conduct do not apply to contractor employees, so 

CCOs must not do the following: 

• Interfere in contractor-employee relations.

• Allow work outside the scope of the performance work 

statement.

• Permit work before the obligation of funding.

• Establish specific hours of duty and grant or deny leave 

requests. 

In addition, CCOs may not mandate any contractor personnel 

actions without specific contractual authority to do so, including the 

following:

• Telling contractors whom to hire or promote 

• Reassigning contractor employees

• Disciplining contractor employees. 

Chapter 1

Ethics; Standards of Conduct; 

and Fraud, Waste, and Abuse
28 Defense Contingency Contracting Handbook

Chapter 1

Ethics; Standards of Conduct; 

and Fraud, Waste, and Abuse

However, DFARS 237.104 (referencing 10 U.S.C. 129b) provides 

limited authority to acquire the personal services of expert consultants 

if the following conditions are met and documented in a determination 

and finding document: 

• The duties are of a temporary or intermittent nature. 

• Acquisition of the services is advantageous to the national 

defense. 

• DoD personnel with necessary skills are not available.

• Excepted appointment cannot be obtained.

• A nonpersonal services contract is not practicable.

• Statutory authority, 5 U.S.C. 3109, and other legislation apply.

• Any other determination required by statute has been made.

Professional friendships between government and contractor 

employees are not prohibited; however, you must act impartially and 

show no favoritism or preferential treatment. Although professional 

and personal friendships are not prohibited, they may result in the 

appearance of a conflict of interest. Government employees cannot 

personally make recommendations or provide references for contractors 

except when furnishing past performance information to other agencies. 

Chapter 6 addresses other ethical considerations relevant to contract 

administration. 

Checks and Balances

The CCO needs a system to ensure checks and balances are part 

of the daily routine to fulfill obligations and prevent opportunities for 

fraudulent activity. As part of the checks and balances, CCOs should not 

perform the following duties unless no other option is available:
29 Chapter 1

Ethics; Standards of Conduct; 

and Fraud, Waste and Abuse

• Order and receipt of goods. It is common practice for the 

person who orders goods to also receive the goods. This is 

not the ideal scenario, but it is common in deployed locations. 

You should take steps to ensure that documentation (including 

customer signatures and contact information) is obtained once 

you turn over possession of received goods, and you should 

immediately add this documentation to the contract file.

• Paying agent duties. DoD Financial Management Regulation 

(FMR) Volume 5, Chapter 33, restricts paying agents from 

acting as purchasing officers, in an effort to minimize conflicts 

of interest or the perception of conflicts of interest. 

• QAE and COR oversight. The CCO oversees many QAE and 

COR actions. A reporting system is needed to ensure fair and 

proper evaluation and that the contract representative provides 

direction.

Many other checks and balances could be discussed, but the 

preceding examples illustrate common-sense scenarios. You have an 

obligation to protect the taxpayer, the warfighter, and yourself. You 

protect the taxpayer by using sound judgment when spending taxpayer 

dollars. You protect the warfighter by providing goods and services 

to help meet mission needs. You protect yourself by acting ethically 

and preserving the documentation necessary to back up your sound 

judgment and acquisitions.

Ethical Contracting in Contingency Environments

The CCO has the responsibility to determine that only responsible 

contractors are doing business with the DoD. It is of the utmost 

importance to ensure vendor vetting procedures are established at 

the deployed location to prevent contracting with the enemy and the 

improper use of federal funds. The chapters to follow discuss vendor 

vetting and contract oversight in more detail.
30 Defense Contingency Contracting Handbook

Real-World Example: The International Security Assistance Force commander’s 

counterinsurgency contracting guidance (September 2010) and similar contracting guidance 

issued by the Department of State and the U.S. Agency for International Development 

(November 2010) confirmed the importance of contracting to the U.S. mission in Afghanistan. 

In particular, the guidance emphasizes the importance of contracting with Afghan contractors 

and purchasing Afghan goods—a policy collectively known as Afghan First—as a key element 

of the U.S. counterinsurgency strategy. However, in light of cases like that involving the host 

nation trucking contract, in which funds paid by contractors for the safe passage of U.S. 

military goods are widely believed to have been funneled to insurgents, the U.S. Government 

has launched a variety of efforts to prevent contracting abuse and decrease the likelihood of 

funds being diverted to terrorist or insurgent groups.6

The Bottom Line: Contracting officers should establish vendor-vetting procedures and be 

diligent in overseeing contracts and documenting contractor performance, both of which are 

critical in preventing abuse of federal funds and in ensuring funding does not reach the enemy. 

Contracting with the enemy is forbidden. It is your job as a CCO to ensure taxpayer dollars are 

protected and legally expended.

Additional References

The following references were not mentioned in this chapter but 

offer additional information related to ethics; standards of conduct; and 

fraud, waste, and abuse:

• DoD Instruction 1015.15, Establishment, Management, and 

Control of Nonappropriated Fund Instrumentalities and 

Financial Management of Supporting Resources

• 5 U.S.C. 7342, Receipt and Disposition of Foreign Gifts and 

Decorations

• 5 U.S.C. App 101, Persons Required to File (Financial 

Disclosure Requirements of Federal Personnel, Ethics in 

Government Act of 1978)

• 41 U.S.C. 2102, Prohibitions on Disclosing and Obtaining 

Procurement Information.

6 Special Inspector General for Afghanistan Reconstruction, Contracting with the Enemy: DoD 

Has Limited Assurance that Contractors with Links to Enemy Groups Are Identified and their 

Contracts Terminated, Audit 13-6, April 2013.

Chapter 1

Ethics; Standards of Conduct; 

and Fraud, Waste and Abuse
2. Authorities

and Structure

Chapter 2

Authorities and Structure

CHAPTER CONTENTS

Key Points........................... 32

Introduction......................... 33

Contracting officers’ 

Authority and Command 

Authority.............................. 33

Contracting Appointment 

Authority.............................. 36

Contingency Contracting 

in Relation to OCS.............. 37

Contingency Contracting 

Structure ............................ 39

Contracting In-Theater 

Organizational Structures ... 40

Contracting Organizational 

Elements............................. 43

Organizational Roles and 

Responsibilities................... 44

Additional References......... 48
32 Defense Contingency Contracting Handbook

Chapter 2 

Authorities and Structure

Key Points

• Contracting officers, pursuant to Federal Acquisition 

Regulation (FAR) 1.602, are the only personnel authorized 

to enter into, administer, or terminate contracts and to make 

related determinations and findings.

• Contracting officers may bind the government only to the 

extent of the authority delegated to them. The appointing 

authority must give the contracting officer clear instructions in 

writing regarding the limits of their authority. 

• Contracting officers must understand the difference between 

the command line of authority and the contracting line of 

authority. 

• Contracting officials should work with the operational 

commander to establish a structure and system for requirements 

generation and approval as soon as possible when supporting 

contingency and humanitarian or peacekeeping operations. 

• Contingency contracting officers (CCOs) should work to 

obtain and maintain deployed commander support through all 

phases of the contingency.

• Joint Publication (JP) 4-10, Operational Contract Support, 

contains valuable information and guidance on joint contracting 

authorities, roles and responsibilities, and structure.

• Contingency contracting is a subset of operational contract 

support (OCS) as defined in JP 4-10. CCOs must be familiar 

with OCS and how contingency contracting fits into the OCS 

process.
33

Introduction

 Contingency contracting is the process of obtaining supplies, 

services, and construction via contracting means in support of 

contingency operations. It is a force multiplier and a significant 

component in achieving OCS in support of mission objectives. OCS is 

the overarching process that plans for and obtains supplies, services, 

and construction in support of combatant commander (CCDR)–directed 

operations through the related contract support integration, contracting 

support, and contractor management functions. 

Contingency contracting is conducted by contracting officers with 

the legal authority to enter into, administer, modify, or terminate 

contracts under authorities granted to the Services, combat support 

agencies (CSAs), and functional combatant commands (CCMDs) 

under Title 10 of the United States Code (U.S.C.) in accordance with 

rules established in the FAR, Defense Federal Acquisition Regulation 

Supplement (DFARS), Service FAR supplements (48 Code of Federal 

Regulations [CFR]), and applicable contingency contracting acquisition 

instructions (AIs). 

CCOs must know and understand their contracting authority and 

the organizational construct in which they are working. This chapter 

discusses CCO legal authorities and distinguishes between command 

authority and contracting authority. It also offers an overview of the intheater contracting structure, joint staff, organizational support options, 

and other contracting roles and responsibilities. 

Contracting officers’ Authority and Command 

Authority

Contracting officers have the legal authority to enter into and make 

binding contracts, obligate funds, and make other commitments on 

behalf of the U.S. Government. Pursuant to FAR 1.602, contracting 

officers are the only personnel authorized to enter into, administer, or 

Chapter 2

Authorities and Structure
34 Defense Contingency Contracting Handbook

terminate contracts. They may bind the government only to the extent 

of the authority delegated to them. Also, they are the only personnel 

with the authority to designate ordering officers and field ordering 

officers (FOOs). As a CCO, you are responsible for ensuring that 

FOOs understand their authority and limitations as delegated. (See the 

Defense Contingency COR Handbook for additional information about 

working with FOOs.)

In contrast to contracting officers’ authority, command authority 

includes the authority and responsibility for effectively using available 

resources and for planning the employment, organization, direction, 

coordination, and control of military forces for the accomplishment 

of assigned missions. Combatant command (command authority) 

does not include the authority to make binding contracts or modify 

existing contracts for the government. Also, geographic combatant 

commands (GCCs) do not have their own contracting authority. 

However, command authority includes command direction on how 

contracting will be integrated in the planning stages of contingency 

and humanitarian or peacekeeping operations and how contracting will 

support the warfighter and mission as a force multiplier.

In accordance with 10 U.S.C, section 167, U.S. Special Operations 

Command (SOCOM) has its own budget and acquisition authority. 

While this authority is far reaching, SOCOM is not staffed to support 

contingency operations globally and instead relies on the Services for 

full OCS that includes contracting assistance for administrative and 

common logistical requirements. The CCO should be aware that some 

activities that support special operations involve unique considerations 

that may not be reflected within this handbook. For more information 

on special operations requirements, see JP 4-10, Operational Contract 

Support, and the Defense Acquisition University’s CON 334 course, 

Advanced Contingency Contracting. Additionally, contact the Theater 

Chapter 2

Authorities and Structure
35

Special Operations Command (TSOC) and/or Coalition Joint Operations 

Task Force (CJOTF) contracting activity for further information.

Figure 2-1 shows the command and contracting lines of authority. 

Figure 2-1. Lines of Authority

Commanders and other contracting support personnel at all levels 

must avoid improper command influence—or even the appearance 

of improper command influence—on the CCO and the acquisition 

process. Through proper channels, CCOs should relay the dangers of 

undue influence and how the commander can help prevent coercion or 

improper pressures on the CCO. The CCO must be able to independently 

exercise sound, unbiased business judgment and contract oversight in 

accomplishing the contracting mission. 

Chapter 2

Authorities and Structure
36 Defense Contingency Contracting Handbook

Chapter 2

Authorities and Structure

Real-World Example: A COR on a new construction project was a high-ranking commander. 

The COR developed the requirements package and delivered it to the CCO. The COR then told 

the CCO to award the contract to the incumbent contractor in order to commence work sooner. 

When the CCO explained the contracting process, the COR tried to “pull rank” and told the 

CCO to follow orders. The COR obviously did not understand contracting authority and was 

trying to use rank to influence the contracting process. The CCO courteously removed himself 

from the situation and immediately contacted his supervisor. The chief of the contracting 

office (COCO) and CCO explained the difference between contracting authority and command 

authority to the COR. 

The Bottom Line: You can expect to be unduly pressured at times. Be diplomatic and 

professional when dealing with undue influence, and elevate such issues up your chain of 

command to avoid delays in acquisition.

Contracting Appointment Authority

Contracting appointment authority includes selecting, appointing, 

and terminating contracting officer warrants.7 The senior contracting 

official (SCO) must appoint as contracting officers only personnel 

who are assigned to, attached to, or operating under the head of the 

contracting activity (HCA). The complexity and dollar value of the 

acquisitions are main considerations in selecting and appointing a 

contracting officer. Other factors include the candidate’s experience, 

training, education, business acumen, judgment, character, and 

reputation. Local AIs may provide more specific information on the 

selection, appointment, and termination of appointments of contracting 

officers. 

Contracting officers. The appointing authority must give 

contracting officers clear, written instructions on the limits of their 

authority. This information should be available to the public and agency 

personnel.

Contracting authority. Contracting authority in the operational 

area flows from Congress to the president and then successively to the 

Secretary of Defense, Service or agency head, HCA, and SCO. This 

7 FAR 1.603 addresses these topics.
37

contracting authority is explicitly documented in the certificate of 

appointment, Standard Form (SF) 1402. 

Selection and appointment of contracting officers. The HCA 

appoints SCOs, by name and in writing, and delegates certain authorities 

to them, including the appointment of CCOs under their control. 

If the HCA allows further redelegation, SCOs also may delegate 

certain authorities to regional contracting centers (RCCs), including 

appointment of CCOs under the control of the RCC chief.8

Contingency contracting. CCOs support continental United States 

(CONUS) and outside CONUS (OCONUS) contingencies, including 

major accidents, natural disasters, enemy attacks, and use of weapons of 

mass destruction. CCOs also support humanitarian and peacekeeping 

operations. When CCOs are deployed to declared contingencies, the 

flow of contracting authority may change on the basis of the maturity of 

the location, theater of operation, and established command and control 

(C2). OCS, which includes contingency contracting, is a force multiplier 

and enhances the outcome of an operation when executed properly.

Contingency Contracting in Relation to OCS

Contingency contracting is a subset of OCS. Figure 2-2 shows 

the three tenets that make up OCS: contract support integration, 

contracting support, and contractor management. Contingency 

contracting primarily falls into the contracting support category, but 

other contracting functions, such as “manage contractors,” can fall into 

the remaining two categories.9

8 FAR subpart 1.6 outlines warrant authority requirements.

9 JP 4-10, July 16, 2014.

Chapter 2

Authorities and Structure
38 Defense Contingency Contracting Handbook

 Figure 2-2. OCS Description and Subordinate Functions

As shown in Figure 2-2, OCS includes a multitude of planning, 

integration, contract execution, and contractor management activities. 

Accordingly, commanders, contracting officers, contracting officer’s 

representatives (CORs), OCS planners, finance officers, logistics 

personnel, and others are involved. Understanding their roles and 

responsibilities is important to all commands and staffs that may be 

involved with planning and managing OCS actions in support of joint 

operations. 

Chapter 2

Authorities and Structure
39

Proper OCS synchronization among the collective joint staff enables 

the commander to leverage contracted support to create desired OCSrelated effects and achieve operational and strategic objectives. Refer to 

JP4-10 Figure III-3 which shows key OCS-related staff functions and 

responsibilities.10

Contingency Contracting Structure 

The GCC, in coordination with the subordinate joint force 

commander (JFC) and considering the Service component’s mission 

requirements and operational factors, determines the best contracting 

organizational structure to support joint operations, on the basis of the 

size, duration, and complexity of the contingency or humanitarian or 

peacekeeping operation. The GCC normally designates a lead Service 

for contracting (LSC), a lead Service for contracting coordination 

(LSCC), or a Joint Theater Support Contracting Command (JTSCC). In 

small-scale, single-Service operations, Service component commanders 

retain control of their own theater support contracting authority and 

organization. 

CCOs should familiarize themselves with local AIs, standard 

operating procedures (SOPs), and other localized guidance for their 

area of responsibility (AOR). The Defense Procurement and Acquisition 

Policy (DPAP) Contingency Contracting website’s International 

Operations page lists GCC OCS websites, which may include additional 

OCS information for the numerous theaters of operation. CCOs need to 

understand the organizational contracting structures in which they will 

operate, given the current and future joint operational environment.

10 See Note 3.

Chapter 2

Authorities and Structure
40 Defense Contingency Contracting Handbook

Contracting In-Theater Organizational Structures11

Figure 2-3 shows the three primary contracting-related 

organizational options. The GCC normally designates an LSC, LSCC, 

or JTSCC, as described below, to integrate, execute, and manage OCS 

actions in support of joint operations (not necessary for minor, singleService operations). (See JP 4-10 for specific information on these 

constructs, including their primary advantages.)

Source: JP 4-10, July 16, 2014.

Figure 2-3. Lead Contracting Activity Primary Tasks and Phasing Model

11 See Note 3.

Chapter 2

Authorities and Structure
41

Lead Service for Contracting Coordination (LSCC). The GCC 

may designate a specific Service component as the LSCC. The LSCC 

coordinates common contract support and other common external 

support contract actions for a particular joint operations area (JOA) via 

the joint contracting support board (JCSB), if established, and assists in 

OCS analysis of the operational environment effort. The LSCC has only 

coordination authority (JCSB lead function). Under this organizational 

option, the Services retain C2 and contracting authority over their 

deployed theater support contracting organizations, but a designated 

lead Service coordinates common contracting actions through a JCSB 

or JCSB-like process. This entity best applies to small-scale, short-term 

operations. Under this construct, CCOs deployed from other than the 

lead Service are likely to receive their warrant from their own Service 

or agency component.

Lead Service for Contracting (LSC). The GCC may designate a 

specific Service component as the LSC. In this organizational construct, 

the designated Service component contracting activity provides theater 

support contracting for specified common commodities and services for 

a particular geographical region, normally a JOA or major expeditionary 

base. The LSC has contracting authority over attached Service or CSA 

contracting augmentation personnel. Under this construct, CCOs 

deployed from other than the lead Service are likely to apply for and 

receive their warrant from the lead Service.

Joint Theater Support Contracting Command (JTSCC). The 

JTSCC is a functionally focused joint task force (JTF) with C2, 

normally tactical control, and contracting authority over contracting 

personnel assigned or organizations attached within a designated 

operational area, normally a JOA. The JTSCC commands theater 

support contracting, coordinates common contracting actions in the 

joint operations area via the JCSB, and assists in OCS analysis of the 

operational environment effort. The JTSCC best applies to complex, 

large-scale operations and may require more oversight than the LSC 

Chapter 2

Authorities and Structure
42 Defense Contingency Contracting Handbook

option. Under this construct, the JTSCC is the warranting authority for 

all assigned CCOs. Operational conditions that drive the JTSCC option 

can include the following:

• An extremely complex operation that requires direct control of 

theater support contracting by the JFC

• A long-term mission 

• A mission beyond the capability of a single Service

• A mission that requires significant coordination of contracting 

and civil-military aspects of the JFC campaign plan

• Significant numbers of different Service forces operating in 

the same area (or joint bases served by the same local vendor 

base).

Because GCCs do not have their own contracting authority, JTSCC 

authority flows from one of the Service components (normally the LSC 

or lead Service component responsible for common-user logistics) to 

the operational area. 

The JTSCC has no formally approved, set model. In general, a 

JTSCC is stood up only for major sustained operations. As seen in recent 

operations, such sustained operations can include mission requirements 

for major reconstruction and the transition to civil authority (in addition 

to the standard joint forces support mission requirements). Such major, 

long-term stability operations may call for standing up a JTSCC with 

separate SCOs responsible for supporting joint forces, host nation forces 

or transition operations, and reconstruction work. 

It is imperative for CCOs to become familiar with the different 

organizational structures above and the advantages of each in order to 

operate effectively and efficiently in theater. Refer to JP 4-10, Appendix 

E, “Theater Support Contracting Organizational Options” for additional 

information and graphical representations of a LSCC, LSC, and JTSCC.

Chapter 2

Authorities and Structure
43

Contracting Organizational Elements

Operational Contract Support Integration Cell (OCSIC). The 

OCSIC is a key organizational element in effective, efficient OCS 

planning and integration. Its primary task at the GCC and subordinate 

JFC levels is overseeing OCS planning and execution across the 

joint force. This includes OCS analysis of the phase 0/steady-state 

operational environment and the resulting planning and coordination 

of OCS actions. The OCSIC ensures relevant OCS common operating 

picture (COP) information flow between the subordinate JFCs’ primary 

and special staff members, the designated lead contracting activity, 

and other key supporting contracting activities, such as the Defense 

Logistics Agency (DLA), designated military construction agent 

(the U.S. Army Corps of Engineers, for example), and Service Civil 

Augmentation Program (CAP) offices. The OCSIC also ensures the 

contract support drawdown progresses according to plan. Figure 2-4 is 

an example of a GCC OCSIC placed in the J-4. 

Source: JP 4-10, July 16, 2014.

Figure 2-4. Geographic Combatant Command OCS Coordination

Chapter 2

Authorities and Structure

Legend

CSA Combat support agency

JCASO Joint Contingency Support Acquisition Office

JTSCC joint theater support contracting command

LSC lead Service for Contracting

LSCC lead Service for contracting coordination

OCSIC operational contract support integration cell

command authority

coordination

Geographic Combatant Command Operational Contract Support Coordination

Subordinate Joint 

Force Command OCSIC 

(When Established)

Combatant Command 

OCSIC

J4 Logistics Directorate 

of a Joint Staff

Combatant 

Command

Service Component 

Logistics Staffs

Supporting CSAs 

(includes JCASO)

Primary and Special 

Staff

LSC, LSCC, or 

JTSCC
44 Defense Contingency Contracting Handbook

Regional Contracting Centers (RCCs). The makeup of RCCs 

depends on the mission support requirement; a typical RCC consists 

of 10 to 25 warranted contracting officers, noncommissioned officers 

(NCOs), and Department of Defense (DoD) civilians. These RCCs are 

commonly aligned with a major land force (such as a division, corps, 

or Marine expeditionary force), headquarters, or air expeditionary 

wing or group. Command structure is vital to effective operation of 

the contracting office, while contracting expertise is vital to mission 

fulfillment. The two coexist and are not independent of each other but 

should be balanced with the skills of the assigned personnel.

Regional contracting offices (RCOs). RCOs are joint-staffed 

contracting organizations under the C2 of an RCC. RCOs normally are 

led by a contracting officer and composed of two to eight warranted 

contracting officers, NCOs, DoD civilians, and possibly even 

contractors. RCOs normally provide area support to specific forward 

operating bases and designated areas in the joint operations area.

Organizational Roles and Responsibilities

Head of Contracting Activity (HCA). The HCA (or SCO if 

authority is delegated) is the official designated by the agency head 

to have overall responsibility for managing the contracting activity. 

The HCA oversees contracting to ensure it complies with applicable 

statutes, regulations, and sound business practices. 

Senior Contracting Official (SCO). The SCO is the official 

designated by a Service HCA to execute theater support contracting 

authority for a specific command or operational area. This includes 

establishing policies and procedures for developing, reviewing, 

and managing the contingency contracting process in theater. SCO 

responsibilities include the following:

Chapter 2

Authorities and Structure
45

• Managing administrative plans to control documents, maintain 

records, and conduct audit trails of procurement actions 

• Overseeing and assessing the effectiveness of contracting 

programs

• Issuing warrants and determining delegated warrant authorities

• Participating in the joint requirements review board (JRRB)—

primarily the SCO for forces support

• Chairing the JCSB as directed

• Managing and executing procurement management reviews

• Developing and providing oversight management control 

programs

• Conducting special reviews as required

• Managing the contract audit follow-up program

• Overseeing contract closeout 

• Coordinating Defense Contract Audit Agency (DCAA) audit 

and financial advisory support

• Managing suspension and debarment actions

• Coordinating inter-command agreements that detail 

contracting support relationships among U.S. military Services

• Coordinating operational plans or requirements originating 

with the joint staff and providing host nation support, status 

of forces agreements, assistance-in-kind agreements, or any 

treaties for CCO review.

Regional Contracting Centers Chief. The RCC chief or COCO 

plans, directs, and supervises purchasing, contracting, administration, 

and closeout for supplies, services, and construction for assigned 

customers. The RCC chief also acts as the business advisor to the 

Chapter 2

Authorities and Structure
46 Defense Contingency Contracting Handbook

deployed commander. The RCC chief typically approves actions 

that exceed the CCO’s authority and reviews internal and external 

contractual actions to ensure statutory, regulatory, and procedural 

compliance. The RCC chief develops and executes programs to ensure 

maximum competition. 

Additional key responsibilities of the RCC chief include the 

following:

• Maintaining the highest degree of integrity and setting the tone 

for the rest of the office

• Knowing the mission (RCC mission brief) and linking contract 

effects to the mission

• Engaging with the customer

• Setting priorities for requirements (per internal and external 

customers)

• Educating the customer 

• Serving as business advisor

• Developing the vendor base

• Encouraging contracting innovation while using sound 

business judgment

• Managing continuity of office

• Advising the deployed commander and units on business.

Contingency Contracting Officer (CCO).12 The CCO acquires 

supplies and services needed by the warfighter to support essential 

12 For consistency, and given that a joint term does not exist, this handbook refers to a CCO as 

a contracting officer who supports contingency, humanitarian, or peacekeeping operations 

(as defined in FAR 2.101) and other emergency operations, including domestic emergencies, 

as described in Chapter 9. However, CCMDs and Services may have their own titles for a 

contracting officer who supports these operations.

Chapter 2

Authorities and Structure
47

missions in response to a crisis, contingency, or declaration of war. 

The CCO has the following duties and responsibilities:

• Ensure that contract files are documented, prepared, maintained, 

and closed out.

• Oversee, regularly record, and report on contractor performance.

• Train and monitor the performance of CCO-appointed 

representatives, including FOOs and CORs. 

• Ensure that contingency contracting is accomplished in 

accordance with AOR policies and procedures.

• Develop an accountability plan, with the commander and 

appropriate supply office for contracted property (leased and 

purchased) brought into the theater via contract, in accordance 

with DoD Instruction 5000.64.

• Ensure that contracts are competed among and—when 

appropriate and in compliance with local policy—awarded 

to local bidders to the fullest extent possible to support the 

development of the local economy while ensuring fair and 

reasonable prices.

• Establish contact with local or reachback representatives of 

the applicable contracting activity for contract administration 

support.

• Engage DCAA auditors to provide audit support in awarding 

contracts to responsible bidders that have acceptable business 

systems to deliver goods or services and hold sufficient capital to 

carry out contractual obligations.

• Abide by host nation, inter-Service, status of forces, or other 

authoritative agreements that apply within the appropriate 

theater of operation.

• Ensure that efforts are synchronized with commander and 

contingency mission guidance.

Chapter 2

Authorities and Structure
48 Defense Contingency Contracting Handbook

Contracting Officer’s Representative (COR). CORs are appointed 

in writing and trained by a contracting officer (normally before 

contract award) in pre-award and post-award responsibilities, including 

requirements generation, preparation of acquisition documents to 

support contract actions, monitoring contract performance, and 

performing other duties specified by their appointment letter. The 

appointment letter, issued by the CCO before contract award, defines 

COR duties and emphasizes their responsibilities and the limitations 

of their authority. With their specialized knowledge about the needed 

supplies, services, or construction being procured, CORs are the 

eyes and ears of the CCO and are instrumental in ensuring that 

products and services provided to the end user comply with contractual 

requirements. A COR must be an employee—military or civilian—of 

the U.S. Government, a foreign government, or North Atlantic Treaty 

Association/Coalition partners. Contractor personnel cannot serve 

as CORs.13 The unit commander is responsible for identifying and 

nominating CORs and must do so using the Contracting Officer’s 

Representative Tracking (CORT) Tool. 

Additional References

The following references were not mentioned in this chapter but 

offer additional information related to authorities and structure:

• JP 3-10, Joint Security Operations in Theater

• Department of Defense Instruction (DoDI) 3020.41, 

Operational Contract Support (OCS)

• DoDI 1100.22, Policy and Procedures for Determining 

Workforce Mix.

13 See DFARS 201.602-2 for more information on COR designation, assignment, and 

responsibilities.

Chapter 2

Authorities and Structure
3. Contingency

Funding

Chapter 3

Contingency Funding 

and Requirements Process

CHAPTER CONTENTS

Key Points........................... 50

Introduction......................... 51

Fiscal Law Constraints........ 51

Purchase Requests and 

Requirements 

Development....................... 58

OCS-Related Boards .......... 69

Types of Funding ................ 74

Funding Procedures ........... 80

Additional References......... 83
50 Defense Contingency Contracting Handbook

Chapter 3

Contingency Funding and Requirements Process

Key Points

• Appropriated funds are subject to three basic fiscal constraints: 

o Time. Current fiscal year (FY) funds must be used for current needs.

o Purpose. Funds must be expended for the purpose established by Congress. 

o Amount. The Antideficiency Act (ADA) prohibits obligating 

or spending money before it is appropriated, obligating or 

expending funds in excess of a specific appropriation, accepting voluntary services, and employing personal services in 

excess of authorized amounts. 

• CCOs should consult with their finance office to understand 

the available types of funding for the respective contingency 

and to validate that the proper funding is used for the purpose. 

• CCOs must understand the different types of funding—for 

example, military construction (MILCON); operations and 

maintenance (O&M); and research, development, test, and 

evaluation (RDT&E)—and the fiscal constraints of each.

• The customer is responsible for requirements generation, from 

definition through approval; however, CCOs should expect 

to advise and assist in the development of requirements (for 

example, by drafting outcome-based requirements).

• The commander, or a designee, is responsible for the validation 

and approval of requirements.

• Joint requirements review boards (JRRBs) can greatly help 

in the validation and approval of requirements and ensuring 

contract actions meet the commander’s needs and the mission. 

• A funded commitment document, such as a purchase request 
51 Chapter 3

Contingency Funding and Requirements Process

(PR), must include a complete description and the appropriate 

certified funds. A complete line of accounting (LOA) is critical 

in ensuring funds are certified and available for obligation.

• A CCO must understand the concept of “money as a weapon 

system” (MAAWS).

Introduction

Securing adequate and proper funding to meet agency needs when 

supporting contingency and humanitarian or peacekeeping operations 

is vital to the mission. CCOs must understand the different funding 

types available for the operation, procedures to obtain certified 

funding, and constraints and limitations. They should quickly build 

a strong professional relationship with their finance office, ideally in 

the planning stage or at the onset of the operation, and should work 

to understand the specific program control procedures developed to 

accommodate the unique circumstances of the contingency. This effort 

is key in expeditious and efficient contracting support to the requiring 

activity. 

This chapter discusses funding in contingency environments, 

including the different types of funding that the CCO may face and the 

constraints, limitations, and rules that the CCO must understand and 

comply with. It also summarizes the PR and requirements development 

processes. 

Fiscal Law Constraints

Congress limits the authority of DoD and other executive agencies 

to use appropriated funds. Appropriated funds are subject to three basic 

fiscal constraints: time, purpose, and amount (detailed in the subsections 

that follow). Also, see the Financial Management Regulation (FMR) 

Volume 14, Chapter 2, “Violations of the Antideficiency Act,” for more 

information on funding constraints.
52 Defense Contingency Contracting Handbook

Time 

The time constraint includes two major elements:

1. Appropriations have a specified period of availability. 

2. Appropriations normally must be used for the needs that 

arise during the period of availability. The general rule is that 

current funds must be used for current needs. 

Period of availability. Most appropriations are available for 

obligation purposes for a finite period. O&M funds are available for 

1 year, procurement funds for 3 years, and MILCON funds for 5 years. 

If funds are not obligated during their period of availability, they 

expire and are unavailable for new obligations (such as new contracts 

or changes outside the scope of an existing contract). Expired funds 

may be used to adjust existing obligations, such as paying for a price 

increase after an in-scope change to an existing contract, as noted in 

1552 United States Code (U.S.C.), but obligation adjustment reporting 

(OAR) approval is required before executing such contracting action. 

Bona fide needs rule. This rule (31 U.S.C. 1502(a)) is an 

appropriations and fiscal law. It provides that the appropriations for one 

FY will be obligated only to meet a genuine need (a bona fide need) 

arising in (or sometimes before) the FY for that appropriation. This rule 

restricts the use of existing FY appropriated funds on requirements for 

the next FY. For example, annual funds appropriated for FY16 must 

be used to finance a legitimate FY16 need; the appropriation must not 

be used to fund a need that the customer will not genuinely have until 

FY17. The bona fide needs rule also justifies the use of previous-year 

funding when a contract has been terminated. 

Contracts crossing FYs. The application of the bona fide needs rule 

may differ for supplies and services that cross FYs. Defense Federal 

Acquisition Regulation Supplement (DFARS) 232.703-3 states that the 

Chapter 3

Contingency Funding and Requirements Process
53

CCO may enter into a contract, exercise an option, or place an order 

under a contract for severable services for a period that begins in one 

FY and ends in the next, if the period of the contract awarded, option 

exercised, or order placed does not exceed one year (10 U.S.C. 2410a). 

Also, Federal Acquisition Regulation (FAR) 32.703-3 allows for a 

contract for nonseverable services to cross FYs when it calls for an end 

product that cannot feasibly be subdivided for separate performance in 

each FY (consultant services, for example). 

Using the option example, the CCO, pursuant to FAR 32.703-2, 

may execute a contract action properly chargeable to funds of the new 

fiscal year before the funds are available, provided that the contract 

includes the clause at FAR 52.232-18, “Availability of Funds,” and is 

for (O&M) and continuing services (e.g., rentals, utilities, and supply 

items not financed by stock funds necessary for normal operations and 

for which Congress previously had consistently appropriated funds, 

unless specific statutory authority exists permitting applicability to 

other requirements).

Services. As briefly mentioned, the application of the bona fide 

needs rule differs when services cross FYs. The difference is based 

on whether the services are considered severable or non-severable and 

whether annual, multiple-year, or no-year funding is being used. 

Severable services are continuing and recurring in nature, such as 

lawn maintenance, janitorial services, or security services. The benefits 

are realized when the services are provided, even if the contract is 

not performed to completion. Most base operations support services 

provided by a contractor supporting a deployed unit are considered 

severable. Services are considered severable if they can be separated 

into components that independently provide value to meet customer 

needs. According to 10 U.S.C. 2410a, funding is permitted for a 

contract (or other agreement) for severable services using an annual 

appropriation for a period of as much as 12 months when the contract 

Chapter 3

Contingency Funding and Requirements Process
54 Defense Contingency Contracting Handbook

is awarded, even if the period of performance begins in one FY and 

continues into a subsequent one. (See DFARS 232.703-1.) 

Nonseverable services represent a single undertaking that cannot 

feasibly be subdivided. If the services produce a single or unified 

outcome, product, or report, they are considered nonseverable. In most 

cases, contracts or orders for nonseverable services must be funded in 

full at the time of award with a then-current appropriation. Examples 

include studies culminating in the delivery of a final report, an engine 

overhaul, and the painting of a building. The lead-time exception can 

apply to the start date of service-type contracts. 

Supplies. The bona fide need for supplies normally arises when 

the government actually uses the items. Thus, a command can use a 

currently available appropriation to procure computers needed and 

purchased in the current FY. Conversely, commands may not use 

current-year funds for computers not needed until the next FY. Yearend spending for computers that will be delivered within a reasonable 

time after the start of the new FY is proper so long as a current need 

is documented. There are lead-time and stock-level exceptions to the 

general rule governing the purchase of supplies. 

Real-World Example: A commander wanted to buy a dozen computers for an anticipated 

morale, welfare, and recreation (MWR) facility. Work on the facility would not start until 

the following FY. The commander pressed the CCO to use current FY funds and begin the 

contracting process to obligate the funding by the September 30 FY obligation deadline. The 

commander told the CCO, “We could have Skype MWR facilities set up for next year, which 

will boost morale during the contingency operation. We have money for the computers now, 

so let’s use it!” 

The Bottom Line: This is a common violation by well-meaning personnel at the end of any 

given FY. This example does not meet the bona fide need rule because the computers would be 

purchased in one FY for a need that arises much later in the following FY.

Construction. Construction contracts obligated and awarded late in an 

FY (in September, for example) must have a performance commencement 

date within 90 days of award. (See DoD FMR 7000.14-R, Volume 

Chapter 3

Contingency Funding and Requirements Process
55

11A, Paragraph 020510.) For example, if a contract was awarded on 

September 15 with funds from that FY, performance must commence 

and invoices must be submitted by December 14 of the new FY. 

Typically, commencement of work can take the form of the contractor’s 

ordering materials and delivering them to the government and the 

government’s receiving/taking possession of materials that will remain 

in its possession rather than being stored by contractors at their business 

locations, land surveys, groundbreaking activities, and other such 

functions. The key to defining and identifying performance of work is 

to include the elements of work on a progress schedule that will serve as 

the means of allocating a percentage of work performed and invoiced. 

The Defense Acquisition University (DAU) CON 244 construction 

contracting course is a good source of additional details.

Purpose 

In 31 U.S.C. 1301(a), commonly referred to as the Purpose Statute, 

the expenditure of funds on objects other than those specified in 

the appropriations is prohibited. Funds must be expended for the 

purpose established by Congress. A three-pronged test, known as the 

“Necessary Expense Doctrine,” states that expenditures must have the 

following characteristics: 

• A logical relation to the appropriation. The expenditure must 

be for a particular statutory purpose or must be necessary 

and incident to proper execution of the general purpose of the 

appropriation. A necessary expense will contribute materially 

to the effective accomplishment of an authorized function. 

For example, you may not fund a vehicle lease contract with 

MILCON funds.

• No prohibition by law. A rationale for the necessity of a 

certain expenditure to carry out the mission of the agency is 

Chapter 3

Contingency Funding and Requirements Process
56 Defense Contingency Contracting Handbook

not enough to overcome a statutory prohibition. In addition, 

agencies may presume that restrictions in an appropriations 

act are effective only for the FY covered unless the legislation 

clearly indicates that the restriction is permanent. For example, 

Section 2842(b) of the FY14 National Defense Authorization 

Act prohibits the use of appropriated funds to design, procure, 

prepare, install, or maintain an authorized Navy diver’s 

memorial. 

• No provision otherwise. Regardless of a logical relationship 

between the appropriation and the expense, if another specific 

appropriation applies to the given purpose of the expense, it 

must be used. For example, the Comptroller General ruled that 

the Navy could not use its shipbuilding appropriation to deepen 

a river channel, allowing submarines under construction 

to move to deeper water, because the U.S. Army Corps of 

Engineers (USACE) is specifically funded and responsible 

for that function per 33 U.S.C. 401, 403, and 407. In addition, 

running out of money is not an excuse for using another 

appropriation. If two appropriations are reasonably valid 

for a specific expenditure, the agency may choose either 

appropriation. However, once that selection is made, the 

agency must continue using the chosen appropriation, to the 

exclusion of any other. 

Amount 

Of paramount concern is ensuring that DoD complies with the 

ADA, which prohibits obligating or expending federal funds before 

an appropriation (or in amounts that exceed the appropriation). It 

is a criminal act to knowingly enter into or authorize government 

contracts in the absence of sufficient government funds to pay for them. 

Chapter 3

Contingency Funding and Requirements Process
57

In addition, 31 U.S.C. 1342 prohibits accepting voluntary services 

and employing personal services that exceed authorized amounts. A 

knowing and willful violation of 31 U.S.C. 1341(a) or 31 U.S.C. 1342

is punishable by a fine of up to $5,000, 2 years in prison, or both. In 

addition, if someone violates this law, the matter must be investigated 

and a written report filed with Congress. 

Common problems that trigger ADA violations include the following: 

• Without statutory authority, obligating current-year funds 

(awarding a contract) for the bona fide need of a subsequent 

FY (such as when activities stockpile supply items in excess of 

those required to maintain normal inventory levels)

• Exceeding a statutory limit (such as funding a construction 

project in excess of established thresholds)

• Obligating funds for purposes prohibited by annual or 

permanent legislation 

• Obligating funds for a purpose for which Congress has not 

appropriated funds (such as improper funding of personal 

expenses). 

Real-World Example: During Haiti relief operations, U.S. Army South (ARSOUTH) 

received humanitarian assistance funds to reimburse the O&M accounts of military units 

performing humanitarian relief activities. The Army reported that an ADA violation occurred 

when, on the basis of unsupported credit obligations, ARSOUTH exceeded its real allocation.

The Bottom Line: Even when supporting contingency, humanitarian, peacekeeping, or 

other emergency acquisitions, CCOs and supporting acquisition personnel must understand 

the importance of appropriation law. While CCOs must remain flexible and often must find 

creative ways to meet mission objectives, they must always do so legally. Sometimes the best 

intentions are still not legal. “Battlefield constraints” in a contingency environment are no 

excuse for sidestepping legal requirements. CCOs must use critical thinking skills to find legal 

ways to accomplish their mission.14

14 Government Accountability Office, “Antideficiency Act Reports—Fiscal Year 2012,” Number 

12-12.

Chapter 3

Contingency Funding and Requirements Process
58 Defense Contingency Contracting Handbook

Purchase Requests and Requirements Development

In contingency environments, the importance of establishing 

procedures for generating PRs and developing requirements cannot 

be overstated. Contracting personnel need to receive clearly written, 

comprehensive requirements documents, detailed enough to guarantee 

the right goods and services are obtained. This ensures that what is 

contracted for meets the commander’s needs. Once a need is identified, 

securing adequate funding and generating contract requirements come 

next in the contingency contracting process. They can be accomplished 

simultaneously, or one at a time, but one thing is sure: both need to 

occur before contract award. The CCO should ensure the procedures are 

adequate and communicated to supporting personnel.

Requirements from customers. Two questions normally arise in 

regard to customer requirements while supporting contingency and 

humanitarian/peacekeeping operations: 

• How do customers submit requirements? 

• What information is needed from customers to initiate the 

contracting process to obtain needed goods and services, 

such as a statement of work (SOW), a funding document, 

justification, and approval? 

CCOs should ensure procedures and tools such as DAU’s Acquisition 

Requirements Roadmap Tool (ARRT) Suite and the Contingency 

Acquisition Support Model (cASM), are in place to assist the requiring 

activity in submitting well-defined requirements in a timely fashion. 

Streamlined procedures may need to be developed at the onset of a 

contingency.

CCOs must clearly communicate that requiring activities are the 

“requirements owners” and that the requiring activity is ultimately 

Chapter 3

Contingency Funding and Requirements Process
59

responsible to clearly articulate the following to the CCO prior to 

soliciting industry:

• A clear description of the required commodity, services, or 

construction to include technical data and standards.

• A cost estimate based on market research.

• Requested commodity and/or service delivery dates/period of 

required performance.

• Appropriate quality assurance standards.

• Appropriate funding and approval documentation.

Prioritization of requirements. During the initial stages of a 

contingency, the CCO needs to know the deployed commander’s 

priorities. At the onset of a contingency, CCOs may find themselves 

in the undesirable position of being the requestor, approving official, 

certifying officer, and filling other duties necessary to ensure rapid 

delivery of goods and services. (The CCO should maximize separation 

of duties to the maximum extent practicable to mitigate any perception 

of impropriety.) The CCO’s first priority is normally to respond to 

basic life-support requirements (including water, security, food, and 

interpreter). The contracting office will be inundated with requests 

for goods and services from many different sources, and while most 

requests will be legitimate, they may not be a priority for the deployed 

commander. Knowing the deployed commander’s priorities helps in 

prioritizing requirements. The mechanism for this prioritization may 

be a readiness center, a contingency support staff, or a requirements 

board. If not addressed, the responsible contracting office will prioritize 

requirements. CCOs and supporting units should be prepared to have 

a prioritization system developed for the respective operation before 

deployment. 

Chapter 3

Contingency Funding and Requirements Process
60 Defense Contingency Contracting Handbook

Defense Priorities and Allocation System. Pursuant to FAR 

18.109, Priorities and Allocations, the Defense Priorities and Allocations 

System (DPAS) supports approved national defense, emergency 

preparedness, and energy programs and was established to facilitate 

rapid industrial mobilization in case of a national emergency. CCOs 

should be familiar with the DPAS requirements in FAR 11.602 and 

FAR 11.603. DPAS is a means to ensure timely availability of industrial 

resources to meet national defense requirements and a way to provide 

a framework for rapidly expanding industrial resources in a national 

emergency. The Department of Commerce (DOC) DPAS regulation 

embodied in 15 CFR 700 contains a Special Priorities Assistance 

process for resolving disputes between the government and industry 

and provides a mechanism for optimizing delivery of urgently needed 

material during wartime or contingency operations.15

Purchase requests. PRs are initiated by the requiring activity. 

They are used to initiate a specific contract action and briefly explain 

what is to be procured by the CCO. PRs also give the CCO the required 

authorizations that confirm certified funding is available for the 

respective contract action. They can be verbal requests at the initial 

stages of a contingency, but once operations stabilize they should take 

the form of a formal document from the requiring activity. For verbal 

requests, the CCO should get an adequate description of the requirement 

from the COR and give the customer a suspense date to provide backup 

paperwork that can be filed with the contract. Regardless of the type of 

PR instrument, generic descriptions should be avoided because they can 

cause confusion and slow down the contract process. 

Purchase Request (PR) Documents. PR documents, also known as 

“requisition documents,” are critical to the contracting process. Without 

15 DoD, “Title I: Defense Priorities and Allocations System,” Manufacturing and Industrial Base 

Policy.

Chapter 3

Contingency Funding and Requirements Process
61

a properly prepared PR, an authorized purchase can be extremely 

difficult to make and can result in the procurement of inadequate 

supplies, services, or construction. Also, PRs provide visibility into 

the pre-award phase, so CCOs should ensure they are filed properly. 

During initial deployment, any format may be used for submission of a 

PR. However, the following requirements must be fulfilled, even with a 

verbal request:

• Approval of the request by the deployed commander or a 

designee 

• Certification of funds through the appropriate function and a 

fund cite in the PR.

• Enough funding to cover the purchase.

During sustainment operations, an appropriate requisition document 

must be used to request supplies, services, or construction. Each 

organization receives additional guidance and procedures after the 

deployed commander, in conjunction with the CCO, establishes them.

PR funding documents can be submitted on many forms, including 

the following: 

• Air Force (AF) Form 9, “Request for Purchase” 

• Department of the Army (DA) Form 3953, “Purchase Request 

and Commitment”

• Navy (NAVSUP) Form 1250-2, “Non-NSN Requisition” 

• Defense Department (DD) Form 448, “M i l it a r y 

Interdepartmental Purchase Request (MIPR),” and DD Form 

448-2, “Acceptance of MIPR”

• Air Force Form 4009, “Government Purchase Card Fund Cite 

Authorization”

Chapter 3

Contingency Funding and Requirements Process
62 Defense Contingency Contracting Handbook

• DD Form 1149 “Requisition and Invoice/Shipping Document”

• DD Form 1391, “FY_ Military Construction Project Data” 

(used by DoD to submit requirements and justifications in 

support of funding requests for military construction to 

Congress)

• Navy Comptroller (NAVCOMPT) Form 2276, “Request for 

Contractual Procurement.”

Electronic business tools for requirements generation. The 

Contingency Acquisition Support Model (cASM) is a web-based tool 

used to plan, generate, staff for approval, and track acquisition-ready 

requirements packages. This tool enables users to get requirements 

on contract more efficiently. cASM’s output produces a complete, 

approved, and electronically signed requirements package (RP). 

Electronic business (e-business) tools like cASM can greatly assist the 

CCO and supporting acquisition personnel in fulfilling contracting 

process requirements through automation and the quick transfer of 

data. The Contingency Business Environment (CBE) Guidebook

contains additional information on e-business tools and how to get them 

operational in theater. 

Lines of approval. The first step in any requirement is identifying 

the activity that will serve as the office of primary responsibility (OPR) 

for the need and determining whether that office has a mechanism 

to support the requirement. For example, if the requirement is for a 

vehicle, the CCO would contact the transportation OPR to confirm 

whether it can fill the need. If not, the CCO would prepare the 

appropriate documentation to locally lease or purchase the item needed 

for the requirement. In most cases, a senior official is designated as the 

approving authority for all local PRs. The deployment commander may 

retain this authority or delegate it to the staff, depending primarily on 

Chapter 3

Contingency Funding and Requirements Process
63

the size of the deployed force. Either way, the CCO must obtain approval 

from the designated approval authority for any item bought locally. 

Personnel who can submit purchase requests. The CCO should 

consult the chief of the contracting office (COCO) and the deployed 

commander to identify supported units, identify acquisition support 

personnel, and establish the local lines of authority for requestors and 

approving officials. In most cases, the deputy chief of staff designates 

(in writing) specific personnel from each functional area to approve PRs 

for that area and to submit PRs to contracting. 

Personnel who can obligate the government. When spending 

public funds, DoD must substantiate its requirements and strictly 

control its contracting function. Officially appointed people with 

express written authority to bind the U.S. government to a contractual 

agreement accomplish this control. A warranted contracting officer is 

the only agent who represents the government in this capacity. Pursuant 

to FAR 1.603-3(b) and FAR 13.201(a), agency heads are encouraged to 

delegate micro-purchase authority. This delegated authority to noncontracting officers (field ordering officers, for example) must be in 

accordance with agency procedures. 

This unique personal responsibility means that supervisors, 

commanders, and others with administrative control over CCOs 

must avoid directing CCOs to take action that might violate laws or 

contracting regulations (see Chapters 2 and 5).

Purchase descriptions and statements of work. As noted, all PRs 

must include a good description of the required services or supplies and 

a certification of funding. Descriptions can include a text summary, part 

numbers, specifications, pictures of the items, or other administrative 

details that enable a CCO to prepare and issue a solicitation and a 

develop a contract document (see the “Requiring Activity Checklist” 

in the Critical Checklists appendix for additional information on PR 

inclusion requirements). For services and construction requirements, 

Chapter 3

Contingency Funding and Requirements Process
64 Defense Contingency Contracting Handbook

the CCO needs a complete SOW, statement of objectives (SOO), 

or performance work statement (PWS), as well as the name of the 

contracting officer’s representative (COR) who will provide technical 

support. A sufficient SOW defines all non-specification requirements 

for contractor efforts, either directly or with the use of specific cited 

documents. The SOW becomes part of the contract, so it must clearly 

portray the expectations of the customer. When appropriate, the SOW 

should be performance or outcome based. This type of SOW is also 

referred to as a PWS because it clearly describes specific and objective 

terms with measurable outcomes. It should tell the contractor the work 

that needs to be accomplished, not how to accomplish it. This approach 

makes it easier for the contractor to understand the document and easier 

for the CCO to point out deficiencies if performance does not meet 

specified standards. See FAR subpart 37.6 for more information on 

performance-based acquisition. 

Contracting activities and their customers should consider 

technical needs and business strategies when defining and specifying 

requirements. CCOs must ensure that specifications reflect only 

those supplies, services, or construction needed to meet the mission 

requirements and that the SOW, SOO, or PWS do not unnecessarily 

restrict competition or innovation. In addition, commercial item 

descriptions should be used as often as practicable, and functional 

specifications should be used instead of detailed design specifications 

when reasonable. 

Describing agency needs. Identifying and describing needs serve 

two purposes: (1) enable the CCO to determine what is needed by the 

end user and where in the marketplace the supplies or services reside 

and (2) allow the vendor to submit an accurate response and ultimately 

deliver the right supplies or perform the proper services. Adequate 

descriptions ensure customers receive what they need at the best value 

possible. 

Chapter 3

Contingency Funding and Requirements Process
65

As noted, the customer’s item descriptions, specifications, and 

technical requirements always should be clear and concise and detailed 

enough to make agency needs fully understood. Ambiguous descriptions 

delay contracting actions and can lead to the purchase of the wrong 

product or service. PR descriptions and other supporting documentation 

should note the essential physical and functional characteristics of 

the supplies or services required. The minimum requirements of the 

government should be expressed in the description. However, you 

should not confuse minimum requirements with minimum descriptive 

data—and should include as much information as possible to describe 

exactly what you need. The principal features of a purchase description 

can be determined by answering the following questions: 

• What is it? 

• What is it made of (paper or wood, for example)? 

• What are its principal descriptive characteristics (such as size, 

color, and shape)? 

• What does it do (such as holds, drives, or connects)? 

• What is it used for (is its purpose indicated)? 

• How is it used (such as by itself or with other equipment)?

• Where is it used (such as component part or complete 

assembly)?

Requirements packages. For certain acquisitions, additional 

documentation is submitted alongside the PR as required by the CCO.

Construction contracts. For construction projects, required 

documentation includes the following:

• An independent government cost estimate (IGCE), from a 

party other than the vendor or contractor 

Chapter 3

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66 Defense Contingency Contracting Handbook

• Drawings and specifications, which must be submitted to the 

CCO for review before the contract is finalized

• An itemized cost breakdown supporting liquidated damages 

• A schedule of material submittals 

• A progress schedule

• Accurate quantities, conversions, and units of issue 

• A government-furnished property schedule 

• A government estimate of completion costs and a bidding 

schedule. 

For MILCON projects, the CCO must understand the requirements 

development and design process when anticipating a design-build 

acquisition strategy. During the requirements development process, 

DD Form 1391, “FY_ Military Construction Project Data,” describes 

the user’s facility needs. During the design process, the SOW describes 

the work to be performed by the contractor, and the contractor’s design 

drawings show different stages of project design.16

Service contracts. For services requests, required documentation 

includes the following:

• A complete SOW, SOO, or PWS

• An IGCE

• Contact information for the COR and quality assurance 

evaluator (QAE) providing the technical support

• A quality assurance surveillance plan (QASP) that explains 

how the agency will survey, observe, test, sample, evaluate, 

16 Inspector General, DoD, Guidance Needed to Prevent Military Construction Projects from 

Exceeding the Approved Scope of Work, DODIG-2012-057, February 27, 2012.

Chapter 3

Contingency Funding and Requirements Process
67

and document the contractor’s performance in meeting the 

SOW requirements.

CCOs should reaffirm the requiring activity’s responsibilities, such 

as the QASP, and work with the requirements generating officials, often 

the COR, training them on development of the required documentation 

where needed. CCOs should ensure the SOW, SOO, or PWS include 

a detailed, performance-oriented description of what is expected of 

the contractor to meet government needs, not how the work should 

be accomplished. The SOW and the QASP should be developed 

concurrently and should include specific information on the evaluation 

of performance standards specified in the contract. When a service 

contract is anticipated inside the United States, the contracting officer 

must ensure the requirements in FAR part 22 are followed regarding the 

application of labor laws, specifically the Service Contract Act. 

COR nomination package. The requiring activity shall provide 

the COR nomination package to the contracting office as part of the 

purchase request. The request for a nomination package and completing 

the nomination package is a collaborative effort between the requiring 

activity, COR management, and the contracting officer. It must be 

completed as early in the acquisition process as possible to allow COR 

participation in pre-award activities. In all cases, nomination package(s) 

must be submitted before contract award through the DoD Contracting 

Officer’s Representative Tracking (CORT) Tool. A sample nomination 

form can be found at the DAU Acquisition Community Connection’s 

COR Nomination Letter webpage.

CORs must be designated and authorized in writing by the 

contracting officer as noted in FAR 2.101. CORs must be trained, and 

meet the minimum standards, as outlined in DODI 5000.72 “DoD 

Standard for Contracting Officer’s Representative (COR) Certification.” 

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68 Defense Contingency Contracting Handbook

DoD Components may add to these minimum requirements, as 

appropriate. Training requirements for the COR are directly related 

to the type of standards for the contract, work, or requirement to be 

performed, and the dollar value and complexity of the effort. 

The procedures at DFARS Procedures, Guidance, and Information 

(PGI) 201.602-2 provide additional information regarding designation, 

assignment, and responsibilities of a COR.

Finance and contracting relationship. The relationship between 

contracting and finance personnel is extremely important, especially in 

contingency environments. CCOs should reach out to finance personnel 

as early as practicable to fully understand the funds certification 

process for the respective contingency. An established relationship will 

ultimately help the CCO and requiring activity obtain certified funding 

and the supporting documentation needed to initiate the contracting 

process in a more expeditious manner. Close coordination between the 

CCO and the budget and certifying officials is also necessary to identify 

and track actual obligations and expenditures so that the funding data 

can be accurately reported to both the contracting and finance offices. 

Forensic accounting. CCOs should keep in mind that forensic 

accounting is conducted during contingency and humanitarian or 

peacekeeping operations. Under this investigative accounting, experts 

from agencies like the Defense Contract Audit Agency, Air Force Office 

of Special Investigation, Army Criminal Investigation Command, 

and Naval Criminal Investigative Service may review the accounting 

practices in a combat zone to ensure illegal activities are not taking 

place and fiscal law requirements are being met. Some reviews may take 

place weeks to months after the CCO obligated the funds, or even years 

later, when the CCO has already redeployed or returned home. Forensic 

accounting professionals examine and track financial transactions to 

Chapter 3

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69

determine whether the funding ends up in the wrong hands or is being 

used improperly to make purchases outside the funds’ original (and 

legally authorized) purpose.

OCS-Related Boards

As briefly mentioned, commanders in the field must prioritize 

requirements, especially during the onset of a contingency. Ideally, 

contracting leadership, such as the COCO, briefs deployed commanders 

on how contracting can support the mission, that contracting as a 

function is the commander’s business,17 and that it is a key component 

in implementing operational contract support (OCS). This is critical 

during initial operations. Part of the commander’s responsibility is to 

set the priority for purchases. This helps contracting prioritize contact 

actions that are needed to support mission objectives. This is vital in 

the initial stages, given the need to ensure basic life support items are 

secured, and continues throughout a contingency. Depending on the 

requirement and the source of funding, the appropriate commander 

must approve and prioritize the PRs. 

OCS planning and acquisition boards. OCS planning and the use 

of contracting-related boards help ensure proper acquisition planning, 

contracting integration, and prioritization of customer requirements 

before arrival at contracting. The use of OCS boards, cells, and 

working groups bolsters OCS planning efforts and the prioritization of 

requirements. Acquisition boards also help ensure senior leadership is 

part of the contracting process, overall planning, and decision-making. 

17 See the independent reports of the Gansler Commission and the Commission on Wartime 

Contracting; the Secretary of Defense memorandum “Strategic and Operational Planning 

for Operational Contract Support and Workforce Mix,” January 24, 2011; and Commander of 

International Security Assistance Force (COMISAF)/Commander, U.S. Forces–Afghanistan 

(USFOR-A), memorandum, “COMISAF’s Counterinsurgency (COIN) Contracting Guidance,” 

September 8, 2010.

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70 Defense Contingency Contracting Handbook

Joint Publication (JP) 4-10, Operational Contract Support, details OCS 

planning and coordination boards, cells, and working groups. The 

CCO should become familiar with this publication before and during 

deployment. 

The JRRB, Joint Contracting Support Board (JCSB), and Combatant 

Commander Logistics Procurement Support Board (CLPSB) ensure 

OCS actions—including any operational-specific theater business 

clearance (TBC) directives—are properly synchronized across the joint 

force.18 Like other related joint force command-level boards, they can be 

held as needed, meet simultaneously, or be merged.

Joint Requirements Review Board (JRRB). The joint task force 

or sub-unified commander establishes the JRRB to review, validate, 

approve, and prioritize contract support requirements.19 The JRRB 

can also assist by providing acquisition strategy ideas and discussing 

potential areas where contract consolidation makes sense. The JRRB is 

an operations-focused (rather than contracting-focused) board designed 

to control mission-critical, high-dollar contract requests and ensure 

other sources of support (such as organic military, multinational, and 

host nation) have been properly considered before commercial support 

solutions. The JRRB should be established for sustained operations, 

but it also provides value during short-term joint operations when 

needed. In some operations, service components may establish their 

own requirements review boards. These service component boards 

are often used to ensure service requirements packages are properly 

prepared, justified, and prioritized before being submitted to the JRRB. 

The JRRB also serves as the subordinate joint forces command’s 

(JFC’s) venue to assess possible operational impacts of specific contract 

support requests and, when necessary, provide operationally focused 

18 JP 4-10.

19 JP 1-02 defines the JRRB, which replaces the joint acquisition review board.

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71

guidance on acquisition strategy to the JCSB. For example, relaying 

that a required service is a potential high-security threat and providing 

direction to avoid the use of local national (LN) companies for the 

respective requirement. Figure 3-1 illustrates the JRRB process.

Source: JP 4-10. Figure 3-1. JRRB Process

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72 Defense Contingency Contracting Handbook

Joint Contracting Support Board (JCSB). The JCSB is the 

primary mechanism for coordinating and deconflicting common 

contracting actions between theater and external support contracting 

activities executing or delivering contracted support in the operational 

area—normally a joint operational area (JOA). It is also the major 

mechanism for implementing JRRB guidance in determining the 

appropriate contracting mechanism—theater support, Air Force 

Contract Augmentation Program (AFCAP) or Logistics Civil 

Augmentation Program (LOGCAP) task orders, and other common 

external contracts—for major, common services. The JCSB has two 

goals: (1) ensure contract support actions support the JFC’s OCSrelated command guidance (such as maximizing the use of LN firms 

and reducing costs) and (2) maximize contracting capabilities of the 

JOA while minimizing the competition for limited vendor capabilities. 

The JCSB proposes, and the combatant commander establishes, specific 

theater contracting business requirements, usually in the form of TBC. 

This is vital in the success of OCS when integrating contracted support 

and especially in the management of contractors deploying into and out 

of a theater of operations. The JCSB can recommend and determine 

where contract requirements can be consolidated and can act as a 

forum for contract support activities to share information, coordinate 

acquisition strategies, and combine like requirements. These functions 

are key in fulfilling the contracting process in a JOA, an environment 

rife with high-priority and duplicative requirements. For example, the 

JCSB may work on specific contract transition actions, such as moving 

the requirements off a cost-type CAP task order to fixed-price individual 

theater support contracts or other types of contracts as appropriate. 

Combatant Commander Logistic Procurement Support Board 

(CLPSB). The CLPSB ensures that contracting and other related logistics 

efforts are properly coordinated across the entire area of responsibility 

(AOR). Normally chaired by a geographic combatant command 

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73

(GCC) J4 (Logistics) representative, it includes representatives from 

each service component command, combat support agency, and other 

military and U.S. government agencies or organizations concerned 

with contracting matters. Although the CLPSB and JCSB perform 

similar functions, the CLPSB coordinates general acquisition policy 

and addresses major contracting-related issues across the AOR, while 

the JCSB focuses more on coordinating daily contracting support in a 

specific JOA. 

Table 3-1 shows the differing functions of the three boards.

Table 3-1. Contracting-Related Boards

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74 Defense Contingency Contracting Handbook

Types of Funding

In any contingency, CCOs should consult with the relevant finance 

office to ensure the proper use of each type of funding under their 

control. If non-DoD funding is provided (such as by the Department of 

State), CCOs should consult with the head of the contracting activity 

(HCA) and finance office to ensure it is properly used. Rules apply to 

each type of funding to prevent misuse. The following sections describe 

typical types of funding used during contingencies.

Military Construction (MILCON). This appropriation is 

available for 5 years. Congress appropriates funds (under 10 U.S.C.) 

for MILCON of permanent improvements using separate annual 

appropriation acts. The term “military construction” includes “any 

construction, development, conversion, or extension of any kind 

carried out with respect to a military installation whether to satisfy 

temporary or permanent requirements.”20 Military installation has a 

very broad definition and may include foreign real estate under the 

operational control of the U.S. military. Construction projects that 

exceed $1.5 million in value require specific approval by Congress. 

Also, in contingencies, the Secretary of Defense has the authority and 

flexibility—in the interest of national security and national interests—

to authorize MILCON not otherwise authorized by law.21

Operations and Maintenance (O&M). This appropriation is 

available for 1 year. O&M funds, appropriated under 10 U.S.C., 

are used for base operations support, expenses incurred during 

training exercises, deployments, minor construction projects, and the 

operation and maintenance of installations. Commands may use O&M 

appropriations for all necessary and incidental operational expenses. 

20 10 U.S.C. 2801(a).

21 10 U.S.C. 2804.

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75

O&M—not MILCON—funds pay for maintenance and repair work. 

“Maintenance” is recurring work to prevent deterioration (to preserve 

or maintain a facility so that it is usable for its designated purpose). 

“Repair” is the restoration of a facility so that it can be used for its 

designated purpose by overhauling, reprocessing, or replacing parts 

or materials that have deteriorated because of the elements (or wear 

and tear) and have not been corrected through maintenance. When 

construction and maintenance (or repair) are performed together as 

an integrated project, each type of work is funded separately unless 

the work is so integrated that the separation of construction from 

maintenance or repair is not possible. In the latter case, all work is 

funded as construction. 

Special authorities allow for limited use of O&M for MILCON 

projects: 

• 10 U.S.C. 2805(c) “Unspecified minor construction” 

• Contingency construction authority (CCA) under Section 2808 

of the National Defense Authorization Act (NDAA) of 2004, as 

most recently amended in Section 2806 of NDAA FY15

• Section 1206 of NDAA 2006 (which will become codified as 

10 U.S.C. 2282, pursuant to section 1205 of NDAA FY15)

• MILCON under counter-narcotics authority section 1004.

Real-World Example: A contracting officer awarded a construction contract for a new 

$11 million building using O&M funds. Although the building would benefit supporting 

mission objectives, the O&M funds were improperly used in this case. O&M funds are 

normally only used for minor construction projects up to $750,000. MILCON funds should 

have been used for the $11 million major construction project. By the time the error was 

discovered, the contract was 70 percent complete, and the contacting officer had to terminate 

the contract for convenience to stop the misuse of funds. The termination for convenience 

(T4C) action resulted in a contractor claim. This became an administrative nightmare for all 

parties. The Armed Services Board of Contract Appeals finally resolved the matter—5 years 

after the projected completion date! 

The Bottom Line: No matter how high the operations tempo, you must comply with fiscal 

law—do it right the first time, rather than redoing it and replaying it in court. 

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76 Defense Contingency Contracting Handbook

Research, Development, Test, and Evaluation (RDT&E). This 

appropriation is available for 2 years. RDT&E funds are used to finance 

research and development (R&D) of equipment, systems, material, 

and computer application software and the corresponding test and 

evaluation (T&E). These funds are generally not utilized to support 

contingency operations. 

Nonappropriated funds (NAF). NAF are monies derived from 

sources other than congressional appropriations and commissary 

surcharge funds, primarily from the sale of goods and services to DoD 

military and civilian personnel and their family members. They are 

used to support or provide MWR programs.22 A CCO does not often 

come across NAF in contingency environments. 

NAF issues. Any available NAF can be used to purchase plaques, 

mementos, coins, organizational mugs, and T-shirts (items that may 

not in general be purchased with appropriated funds). However, coins, 

mementos, and unauthorized personal gifts pose a recurring challenge. 

If the coins are merely mementos to build goodwill with local officials, 

they cannot be purchased with O&M funds. Commanders and CCOs 

must differentiate between tokens of appreciation and mementos 

(personal gifts), which cannot be purchased with appropriated funds, 

and awards that may be funded by appropriated funds. In addition, 

coins purchased with appropriated funds must not contain the name of a 

specific commander. The bottom line is that commanders may use O&M 

funds to purchase unit coins to recognize outstanding contributions, but 

not to give as mementos or to create goodwill with the local community. 

Mixed funding. Construction and architecture-engineer (AE) contracts that cite both appropriated funds and NAF should be 

written as appropriated-fund contracts, with all appropriated-fund 

requirements. Additional information on mixed funding is available 

22 DoD Directive 4105.67.

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77

in Air Force Manual 64-302 (paragraph 4.2.1) and in Office of the 

Chief of Naval Operations Instruction (OPNAVINST) 11010.20G. 

For information on A-E contracting and associated funding, see the 

USACE Proficiency Guide for Construction, Architect-Engineer (A-E) 

& Contingency Contracting. 

Official representation funds. Another funding option is the 

commander’s official representation funds (ORF), with a legal basis in 

10 U.S.C. 127, “Emergency and extraordinary expenses.” Commanders 

have some discretion to use these funds without the normal statutory 

controls, but strict regulatory controls govern their use, as noted in 

DoD Directive 7250.13, Official Representation Funds; Air Force 

Instruction (AFI) 65-603, Official Representation Funds: Guidance 

and Procedures; Army Regulation (AR) 37-47, Official Representation 

Funds of the Secretary of the Army; and Secretary of the Navy 

Instruction (SECNAVINST) 7042.7, Guidelines for Use of Official 

Representation Funds. Basically, ORF may be used only to provide 

official courtesies to authorized guests, which may include foreign 

dignitaries. The courtesies may include gifts, mementos, or tokens. The 

same rules for coins normally apply. 

Combatant Commander Initiative Fund (CCIF). The CCIF 

is controlled by the Chairman of the Joint Chiefs of Staff, who is 

authorized to provide funds to combatant commanders from O&M 

appropriations to cover emergencies and extraordinary expenses. CCIF 

funds are used to enhance warfighting and force capability, readiness, 

and sustainability. 

Emergency and extraordinary expenses (E&EE). Service 

secretaries may use E&EE funds for unanticipated emergencies or 

extraordinary expenses. Such funds can be expended on unanticipated, 

short-notice construction, but typically are not. The amount appropriated 

for E&EE is fairly small, and if the project cost exceeds $500,000, 

the Secretary of Defense must notify the appropriate congressional 

committees. 

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78 Defense Contingency Contracting Handbook

Procurement appropriation. Procurement appropriations are used 

to finance non-construction investment items, such as the data, factory 

training, support equipment, and interim contractor support needed for 

procurement of a new weapon system.23 These funds are used for new 

obligations, but only for the three FYs designated in the appropriation 

act and identified in the Treasury Department’s official symbols and 

titles for federal accounts. For example, the appropriation is available 

for obligation from October 1, 2016, through September 30, 2017, but 

then expires for new obligations. When the appropriation expires, it may 

be used only to liquidate obligations and make authorized obligation 

adjustments for an additional 5 years under its original Treasury 

symbol. If the CCO cannot obligate specific programs in the period for 

which funds were justified and approved, the CCO must budget any 

additional funding required to complete them in future years under new 

requirements, as explained in DoD FMR 7000.14-R.

The rules on using procurement funds are complicated, especially 

regarding the purchase of any kind of system. When an item of 

equipment or a system has a unit cost of more than $250,000, legal 

counsel should be consulted to determine whether procurement funds 

may be used. O&M funds should not fill the role of procurement funds, 

so legal counsel is needed to ensure their appropriate use. 

Overseas humanitarian, disaster, and civic aid (OHDACA) 

appropriation. Funding for OHDACA is used to provide such relief to 

foreign countries. The OHDACA appropriation supports the Secretary 

of Defense and combatant commanders’ security cooperation strategies 

to build indigenous capabilities and cooperative relationships with 

allies, friends, civil society, and potential partners. The appropriation 

provides low-cost, nonobtrusive but highly effective activities that 

help partners help themselves, improves access to areas not otherwise 

23 www.dap.dau.mil.

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79

available to U.S. forces, and build collaborative relationships with the 

host nation’s civil society.24 The use of OHDACA funds requires DoD 

to provide 15 days advance notice to Congress before transferring 

any defense articles or services to another nation or an international 

organization for use in United Nations peace-related operations or any 

other international peacekeeping, peace enforcement, or humanitarian 

assistance operation not authorized by law (10 U.S.C. 2561). Additional 

guidance on OHDACA is available at the Defense Security Cooperation 

Agency’s Humanitarian Assistance, Disaster Relief, and Mine Action 

webpage. 

Humanitarian and civic assistance. “Humanitarian and civic 

assistance” (HCA) is the DoD term for relief and development activities 

that take place in the context of an overseas military exercise, training 

event, or operation. Under the HCA program, U.S. military personnel 

participating in overseas deployments also carry out humanitarian 

activities such as road and school construction, vaccination of children 

and animals, and well digging. HCA programs often are executed with 

the assistance of host-country civilian and military personnel. U.S. 

National Guard or reserve units also perform many HCA activities. 

DoD Instruction 2205.02, June 23, 2014, provides information on HCA 

activities and funding.

Foreign disaster assistance. To prevent the loss of life, the president 

may direct the Secretary of Defense to provide disaster assistance 

(including transportation, supplies, services, and equipment) outside the 

United States in response to human-made or natural disasters. 

Commanders’ Emergency Response Program (CERP). CERP 

was designed to enable local commanders to respond to urgent 

humanitarian relief and reconstruction requirements in their AORs 

and, where authorized by Congress, by implementing programs that 

immediately help the indigenous population. See DoD FMR 7000.14-R, 

24 http://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2011.

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80 Defense Contingency Contracting Handbook

Volume 12, Chapter 27, CERP, for specific and current information on 

CERP and use of the funds. 

Funding Procedures

Bulk funding. If a bulk-funded PR is issued to the contracting 

office, that office is responsible for maintaining a record of obligations 

and the remaining balance of funds. Under the bulk-funding concept 

and system, the CCO receives authorization from the certifying officer 

to obligate funds on purchase documents against a specified lump sum 

reserved for that purpose over a specified period. Strict control of the 

bulk funds is necessary to preclude the misuse of funds. 

Request and authority to cite funds. When approved by the 

accounting and finance officer or official designee, the bulk-funding 

document certifies that funds are available and records them as 

commitments in the accounting records. If a bulk-funding document 

is issued to the contracting organization, the CCO is responsible for 

keeping a record of obligations and the remaining balance of funds 

(on the reverse of the form). Because the accounting classifications 

for supplies and services differ, separate bulk-funding documents are 

required for each. 

Other funding procedures. The CCO or the customer should 

contact the budget office and other sources, such as the Defense 

Logistics Agency and the embassy, for applicable procedures to fund 

other types of purchases, such as the following: 

• Vehicle rentals for recreational activities (such as trips and 

tours) and recreational supplies (such as balls and bats) that 

will be used for MWR or NAF (after consulting with the NAF 

fund manager, if available)

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81 Chapter 3

Contingency Funding and Requirements Process

• Medical supplies and services (such as medicine, doctor 

services, and hospitalization)

• Food (such as fresh fruits, vegetables, and bread) that require a 

subsistence fund cite

• Legal claims payable to the host government, foreign companies 

and citizens, and other U.S. government agencies

• Equipment, services, and facilities provided by the host 

government, normally under a host-nation support (HNS) 

agreement or an acquisition cross-servicing agreement (ACSA) 

that contains the methods of payment (or, if no HNS or ACSA 

is in effect with the country in which the CCO is deployed, 

the disbursing office, which is still the organization the CCO 

contacts to determine the method or procedures for payment)25

• Goods and services needed to support requirements for aircraft 

accidents and related incidents not previously covered. 

Funds certification officer. The funds certification officer certifies 

on the PR that funds are available before processing by the contracting 

office under peacetime conditions. During contingencies, the issue of 

funding becomes more complicated because of the urgency and source 

of the requirements. Funds certification is designated by comptroller 

personnel and cannot be further delegated. The total amount of funds 

certified and the final obligated amount must be designated in U.S. 

dollars. Conversion rates at the time of fund certification should be 

noted. 

25 ACSAs generally may extend for an indefinite period because they do not require the obligation 

of funds. CCOs should check with their J4 representative as to whether ACSAs are available that 

may meet supply/service needs in the operational area before entering the contract process. The 

ACSA Global Automated Tracking and Reporting System (AGATRS) is the system of record 

to automate the ACSA process and track and provide visibility worldwide. The Department of 

Defense Contingency Business Environment Guidebook details the use of AGATRs.
82 Defense Contingency Contracting Handbook

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Fund cites. Accounting classification codes, also known as lines of 

accounting or as fund cites, are required on all PRs. Table 3-2 shows an 

example fund cite. 

AIR FORCE

Fund cite: 57 0 3400 310 67A2 231010 01 59290 503300 ESP 8Z 

Agency 57: Air Force (17 is the Navy and Marine Corps; 21 is the Army, and 97 is DoD)

FY 0: FY10 funds

Type of appropriation 3400: Active duty O&M, where 3400 is the Air Force

Emergency and Special Program Code 8Z: Tracks expenses for specific contingency operations. DoD 

assigns the alphanumeric code. All contingency expenses should include a contingency-specific code.

ARMY

Fund cite: 021 202010D13 A76CC 131096QLOG 6100.260B ARMY GFEBS-DR 76CCMSE S21001

Agency 21: ARMY (17 is the Navy and Marine Corps; 96 is the Corp of Engineers, and 97 is DoD)

Type of appropriation 2020: (Active Duty O&M, where 2020 is Army)

 1: Years of Availability

 0: Supplemental Appropriation ID

 D: Fund Group Designator

 13 Fiscal year of issue

Table 3-2. How to Read a Fund Cite

For additional information on fund cites, see the Fiscal Law 

Deskbook published by the Judge Advocate General’s Legal Center and 

School.
83

Additional References

The following references were not mentioned in this chapter but 

offer additional information related to the contingency funding and 

requirements process:

• 10 U.S.C. 2241, Availability of Appropriations for Certain 

Purposes

• 31 U.S.C. 1501(a), Documentary Evidence Requirement for 

Government Obligations

• 31 U.S.C. 1517(a), Prohibited Obligations and Expenditures.

Chapter 3

Contingency Funding and Requirements Process
4. Planning

and Guidance

Chapter 4

Planning and Guidance

CHAPTER CONTENTS

Key Points........................... 85

Introduction......................... 86

Types of Contingencies 

and Emergency 

Acquisitions......................... 87

Types of Contract Support.. 91

Strategic Planning .............. 95

CCO Planning..................... 97

Plugging in Downrange..... 106

Exhaustion of Logistics 

Supply and Required 

Sources of Supply............. 110

NATO Tasking................... 112

Additional Planning 

Considerations.................. 113

Civil Augmentation 

Programs .......................... 116

External Contracts ............ 122

General Deployment 

Procedures ....................... 124

OCS across the Phases 

of an Operation ................ 129

Contract Support 

Organizations and 

Capabilities ....................... 132

Additional References....... 134
85

Key Points

• Planning and preparation are critical to effective contracting 

support.

• Contracting is an integral part of counterinsurgency (COIN) 

operations and planning. 

• Contingency contracting officers (CCOs) can influence tactical 

and operational outcomes.

• CCOs must be familiar with the five operational phases and 

how contracting support is applied throughout the life of an 

operation.

• CCOs must always be prepared to forward-deploy if the 

mission changes. 

• CCOs must get as much information as possible about the 

country or domestic disaster area before deployment.

• Part of a CCO’s job is to locate sources and become familiar 

with local conditions, security, and force protection matters. 

• The CCO should submit an after action report (AAR) in 

accordance with agency redeployment procedures, especially 

during initial contingency operations and bare base build-ups.

• CCOs should coordinate with their contingency operational 

planners, the applicable contracting activity, and the Defense 

Logistics Agency (DLA) about redeployments and the 

drawdown of equipment, personnel, and services.

• CCOs must be familiar with the statutes, directives, treaties, 

and agreements that affect contracting operations when they 

are deployed.

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86 Defense Contingency Contracting Handbook

• CCOs should seek guidance from the host nation support 

(HNS) team, command logistics (J4), and U.S. embassy.

• CCOs should familiarize themselves with in-place host nation 

(HN) agreements and acquisition cross-servicing agreements 

(ACSAs), if applicable, before deployment.

Introduction

Joint force commanders (JFCs) use the joint operation planning 

process (JOPP) in developing plans for the employment of military 

power to shape events, meet contingencies, and respond to unforeseen 

crises. The JOPP is an adaptive, collaborative process that gives 

actionable direction to commanders and their staffs across multiple 

echelons of command. The JOPP includes all activities that must 

be accomplished to plan for an anticipated operation, including 

mobilization, deployment, employment, and sustainment of forces. 

These activities are critical to the success of operational contract 

support (OCS) in contingency environments. 

OCS, as defined in Department of Defense Instruction (DoDI) 

3020.41, Operational Contract Support, is the ability to orchestrate 

and synchronize the provision of integrated contract support and 

management of contractor personnel supporting the joint force in a 

designated operational area. OCS planners determine where contract 

support can assist mission strategy and objectives. Contract support 

plans should include the capabilities CCOs can deliver as part of an 

advanced echelon (ADVON) team and during build-up and sustained 

operations. ADVON teams should have experienced CCOs who can 

locate sources and become familiar with local conditions before the 

arrival of additional forces. Planning also should consider adequate 

security, given the need for disbursing officer support during initial 

operations. 

Chapter 4

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87

The JOPP helps commanders, their staffs, and the CCO organize 

and prioritize their planning activities, share a common understanding 

of the mission and the commander’s intent, and develop effective 

plans, orders, and contracts. Additional information on the JOPP and 

OCS planning is available in Joint Publication (JP) 4-10, Operational 

Contract Support, and JP 5-0, Joint Operation Planning. 

This chapter discusses types of contingencies, predeployment 

planning, and contracting support in support of the operational 

phases. It also addresses how to plug in downrange and offers relevant 

information from doctrine regarding support phases, types of support, 

contract organizations, and capabilities and support agencies. 

Types of Contingencies and Emergency Acquisitions

Contingency contracting provides supplies, services, and construction 

to support mission objectives during contingency operations and other 

emergency operations as determined by the president or the Congress. 

Emergency acquisitions support several different types of operations: 

• Contingency operations as defined in Federal Acquisition 

Regulation (FAR) 2.101

• Humanitarian or peacekeeping operations (includes foreign 

disaster assistance), as defined in FAR 2.101

• Defense or recovery from certain attacks, as described in 

FAR 18.202 and Defense Federal Acquisition Regulation 

Supplement (DFARS) 218.202

• Emergency declarations or major disaster declarations, as 

described in FAR 18.203 and DFARS 218.203.

When supporting operations in response to one of these scenarios, 

CCOs must be familiar with the emergency acquisition flexibilities 

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88 Defense Contingency Contracting Handbook

in FAR part 18 and DFARS part 218. These flexibilities are specific 

techniques or procedures that may be used to streamline the standard 

acquisition process.26

No two contingencies are alike, but the main elements the CCO 

might face in the overall contingency contracting environment include 

the urgency of requirements, possible austere or limited business 

infrastructure, and probable cultural or ethical differences. 

Declared contingency. The formal declaration of a contingency 

operation is very significant for the CCO (see Chapter 5, Figure 5-1), 

triggering an increase in the micro-purchase threshold and SAT, as 

designated in FAR 2.101. Also, the threshold limits authorized for 

use of the test program may be increased for acquisitions to support a 

contingency operation (FAR 13.500(e) and subpart 18.2.) In accordance 

with 10 United States Code (U.S.C.) 101(a)(13) and FAR 2.101, a 

declared Department of Defense (DoD) contingency operation meets 

the following requirements: 

(A) is designated by the Secretary of Defense as an operation 

in which members of the armed forces are or may become 

involved in military actions, operations, or hostilities against 

an enemy of the United States or against an opposing military 

force; or

(B) results in the call or order to, or retention on, active duty 

of members of the uniformed services under section 688, 

12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, 

chapter 15 of this title, section 712 of title 14, or any other 

provision of law during a war or during a national emergency 

declared by the president or Congress.

26 See the definitions for simplified acquisition threshold (SAT) and micro-purchase threshold 

in FAR 2.101 and DFARS 202.101, which detail the increase in respective threshold when 

supporting emergency operations.

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Types of operational designations. CCOs might support several 

types of military operations, including major operations, smaller-scale 

contingencies, noncombat contingency operations, domestic disasters 

or other emergency relief operations. CCOs also might support military 

training exercises, routine installation and base operations, and CONUS 

or OCONUS systems or inventory control point contracting. JP 3-0, 

Joint Operations, details types of operations. 

Major operations and campaigns. In some conflicts, hostilities 

are ongoing, imminent, or likely, and there is a substantial commitment 

of U.S. military forces. Operation Enduring Freedom and Operation 

Iraqi Freedom are examples of major operations and campaigns.27

During such operations, contracting usually supplements robust combat 

support and combat service support infrastructures. 

Smaller-scale contingency operations. Some conflicts involve 

ongoing, imminent, or likely hostilities with the U.S. military, but 

smaller-scale contingencies involve fewer places and usually a more 

restricted time schedule (Operation Just Cause in Panama, for example). 

Contracting often supplements combat support and combat service 

support capabilities that are limited by the location, strategic lift, or 

staffing ceilings. 

Humanitarian or peacekeeping operations. Contingency 

contracting may support humanitarian or peacekeeping operations, 

defined as a military operation in support of the provision of humanitarian 

or foreign disaster assistance or in support of a peacekeeping operation 

under Chapter VI or VII of the Charter of the United Nations. The term 

does not include routine training, force rotation, or stationing.28 When 

a humanitarian or peacekeeping operation is declared, the simplified 

27 See the Defense Procurement and Acquisition Policy (DPAP) Contingency Contracting website’s 

International Operations page for details on current and past operations.

28 FAR 2.101, 10 U.S.C. 2302(8), and 41 U.S.C. 153.

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acquisition threshold is raised to the amount specified in DFARS 202.101

for DoD purchases that are awarded and performed, or purchases that are 

made, outside the United States in support of that operation. 

Domestic disaster and emergency relief. According to JP 3-28, 

Defense Support of Civil Authorities, domestic disaster and emergency 

relief operations can range from domestic natural and human-made 

disasters to civil disturbances or terrorist incidents in the United States. 

DoD disaster relief missions include efforts to mitigate the results of 

natural or human-made disasters such as hurricanes, earthquakes, 

floods, oil spills, riots, and air, rail, or highway accidents. CCOs should 

be aware that exercises and training environments do not receive the 

same flexibilities and consideration as the actual declared emergency. 

DoD supported domestic disaster and emergency relief efforts for 

Hurricanes Isabel, Hugo, Katrina, and Sandy.29 Chapter 9 contains 

additional information on domestic disaster and emergency relief 

operations. 

Domestic disaster and emergency relief operations should not be 

misconstrued with a declared contingency operation and the increases 

in thresholds contingency and humanitarian or peacekeeping operations 

receive. Incidents of national significance, emergency declaration, or 

major disaster declaration do, however, receive acquisition flexibilities: 

• Limited use of full and open competition (FAR 6.2 and 26.2) 

• Local firm or area evaluation preference (FAR 26.202-2).

• Temporary waiver of Cargo Preference Act requirements (FAR 

47.502(c)). 

See Chapter 2 for information on contract support authorities and 

29 See the DPAP Contingency Contracting website’s Domestic Emergencies page for details on 

domestic disaster and emergency relief efforts.

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structure, which differ on the basis of the size, duration, and complexity 

of the respective operation. 

Military exercises. Routine military exercises can be anything 

but routine for the CCO supporting them. Anyone who participated in 

Foal Eagle, Cobra Gold, Joint Dawn, Key Resolve, National Training 

Center rotation, OCS Joint Exercise (OCSJX), or similar types of 

exercises will attest to the associated sense of urgency, pressure, or 

risk to life or national interest. CCOs must be familiar with the type of 

operation being simulated in the exercise and whether or not acquisition 

flexibilities outline in FAR Part 18 and DFARS Part 218 apply.

Types of Contract Support

CCOs need to understand the types of contracts commonly 

used to support contingencies. Support contracts fall into three 

categories: theater, systems, and external. These three categories are 

key to adequately describing the numerous contracting and contract 

administration authorities that support the operational area and to 

setting the limits on the JFC’s ability to control or influence the different 

types of contracted support (see Chapters 5 and 8). 

Theater support contracts. These contracts are awarded by 

contracting officers in the operational area, serving under the direct 

contracting authority of the service component, special operations 

forces (SOF) command, or designated joint HCA for the specific 

contingency operation. During a contingency, theater support contracts 

are normally executed under expedited contracting authority and 

provide supplies, services, and construction from commercial sources 

that, in general, are in the operational area. Also important from the 

contractor management perspective are the local national personnel 

who make up the bulk of the theater support contract employees.

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Theater support contracting can be used to acquire support from 

commercial sources, similar to external support contract services. 

In addition, theater support contracting can be used to acquire 

commercially available supply items from local and global sources.

Systems support contracts. These contracts are awarded by a 

military department acquisition program management office (PMO) 

that provides technical support, maintenance, and (in some cases) 

repair parts for selected military weapon and support systems. Systems 

support contracts are routinely put in place to support newly fielded 

weapons systems, including aircraft, land combat vehicles, and 

automated command and control systems. Systems support contracting, 

contract management, and program management authority reside with 

the military department systems materiel acquisition program offices. 

Systems support contractor employees, mostly U.S. citizens, provide 

support in garrison and often deploy with the force in both training and 

contingency operations. Much of a service component’s equipment is 

maintained partially or fully through contracted logistics support.

External support contracts. These contracts are awarded by 

contracting organizations with a contracting authority not derived 

directly from theater support contracting HCAs or from systems 

support contracting authorities. External support contracts provide a 

variety of logistics and other noncombat-related services and supply 

support. External support contracts are illustrated by the services’ 

CAP contracts (discussed in the Civil Augmentation Programs section 

of this chapter), including the Army LOGCAP, Air Force AFCAP, 

Navy Global Construction Capability Contract (GCCC) and Global 

Contingency Services Contract (GCSC), DLA prime vendor contracts, 

and Navy fleet husbanding contracts. External support contracts 

normally include a mix of U.S. citizens, third-country nationals, and 

local national contractor employees.

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These contracts are often used to provide significant logistics 

support and selected non-logistics support to the joint forces. The 

type and scope of this support vary among operations but can be very 

extensive depending on a variety of operational factors. In addition, 

in some operations, DLA may use existing contracts or award new 

prime vendor contracts to furnish selected supply support (primarily 

subsistence and bulk fuels) during contingency operations. Other 

examples of external support contracts include fuel contracts awarded 

by the Defense Energy Support Center, construction contracts awarded 

by USACE, contracts awarded by the Air Force Civil Engineer Center, 

and translator contracts awarded by the Army Intelligence and Security 

Command.

Similar to the authority for systems support contracts, external 

support contracting authority does not directly result from the 

contingency operation. In general, these contracts are issued during 

peacetime for use during contingencies. CAP and other external 

support contracts remain under the control of the service components 

and do not normally fall under the authority of the GCC operational 

contract support.

Although logistics planners must make allowances for CAP 

contracts early in the contingency, every effort should be made to 

transition individual CAP task orders to theater support contracts as 

soon as practical. Of course, operation-specific factors such as security 

considerations, availability of local sources of support, and on-hand 

theater support contracting management capabilities are the actual 

drivers of the number of these CAP task orders that can be transferred 

to theater support contracts and how rapidly that transfer occurs. JP 

4-10, Operational Contract Support, Appendix B, “Services’ External 

Support Contract Overview,” details the service CAP organizations and 

capabilities.

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Coordination of theater support and external support 

contracting effort. The J4 staff must ensure the Annex W (Operational 

Contract Support) synchronizes the theater support, service CAP, and 

any DLA contracting efforts to avoid undue competition for the same 

locally available supplies, equipment, and subcontractor employees. 

Without proper coordination, the competition between CAP and theater 

support contracts inevitably drives up the prices of local goods and 

services and could create shortages. 

CCOs should understand the value and capabilities of external 

support contracts. When providing external contract support, 

contracting officers must be familiar with unique theater-specific 

guidance that may exist, such as local provisions and clauses and ensure 

contracts are in compliance with local guidance as appropriate. The 

following are examples of common external support contracts that may 

be placed to support operations from outside theater: 

• Logistics external support contracts

– Base operating support (such as billeting, food service, laundry, and bath)

– Transportation port, terminal warehousing, and other supply 

support operations

– Facilities construction and facilities management 

– Prime power 

– Materiel maintenance

• Non-logistics external support contracts

– Communications services 

– Linguist/translation services 

– Commercial computers and information management 

– Signal support 

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– Physical security (limited in accordance with DoD policy)

– Staff augmentation (various functions) 

– Intelligence support services.

An established theater business clearance (TBC) policy and process 

can help ensure visibility and control over external support contracts in 

designated areas of operations.

Interagency support. Similar to multinational support, U.S. 

forces may be required to provide common user logistics support 

for governmental actors, as well as international bodies such as the 

United Nations and non-governmental organizations (NGOs) such as 

the International Red Cross. Contracting officers must be aware of 

NGOs operating in the area, their status with both the HN and the U.S. 

military, and the parameters restricting support to and from the NGO 

before entering into any contractual arrangement where the NGO is 

either the supplier or customer.

Strategic Planning 

OCS Planning and Integration. The integration of contractor 

support into military operations is very important. Although OCS 

planning and integration are primarily the responsibility of the GCC 

and OCS planners, the Contracting Officer should assist in planning and 

take part in OCS-related boards such as the Joint Requirements Review 

Board (JRRB), which is explained in more detail in Chapter 3.

Money as a weapon system. Contracting and money are critically 

important weapon systems in any combatant command (CCMD) and 

must be treated as such. Unit leaders who use proactive management 

controls to provide timely and accurate funding to warfighters are 

paramount to success or failure on the counterinsurgency (COIN) 

battlefield anywhere in the world. Contracting and money defeat 

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COIN targets, without creating collateral damage, by motivating antigovernment forces to cease lethal and nonlethal operations, creating 

and providing jobs along with other forms of financial assistance to the 

indigenous populations, and restoring or creating vital infrastructure. 

With regard to contracting as a weapon system and money as a weapon 

system (MAAWS), the CCO should keep the following points in mind 

and communicate to contingency planners to support mission planning:

• Money is a valuable weapon system. 

• Money and contracting in a COIN environment are vital 

elements of combat power. 

• Leaders must understand, consider, and leverage MAAWS and 

contracting in mission planning and operations. 

• Financial management administrative requirements in a 

combat environment can be extremely burdensome but are 

necessary for good stewardship. 

• Without proactive leadership involvement, the potential for 

extensive fraud, waste, and abuse of funds exists in any 

environment and degrade the COIN objectives. 

• Warfighters with timely access to the right types of contracting 

support can influence the outcome of operations.

• Contracting actions can have significant economic and political 

implications. CCOs should be aware of potential implications 

and the need to validate and coordinate contract requirements 

appropriately to ensure they meet mission needs. 

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CCO Planning

Personnel and administrative preparations. CCOs should 

prepare for deployment to the maximum extent practicable. This 

includes learning about the deployment area, understanding any 

country clearance requirements, and listing items that may be needed 

for contract support to meet mission needs. CCOs can contact the 

intelligence directorate (J2) and nearest embassy to determine cultural 

specifics and obtain country-specific requirements. 

The following generic list of documents and equipment that a CCO 

might need to deploy in support of a contingency is useful to both 

deploying CCOs and also the requesting unit, which should refer to the 

need for such information in the line remarks of individual deployment 

tasking letters (or tasking orders) and may modify the list to meet 

deployment location mission support requirements:

• An official passport and 6 to 10 extra photographs for visas, 

which might be required to move from country to country. 

Official passports might be required for each CCO designated 

to support no-notice deployments that demand immediate 

departure to countries requiring a passport for entry. Each 

unit determines whether the CCO needs to obtain an official 

passport when initially designated as a CCO. 

• Travel orders prepared through the Defense Travel Service 

(DTS). 

• Standard Form (SF) 1402, “Certificate of Appointment as 

a Contracting Officer,” with authority equal to potential 

responsibilities. 

• A prepacked kit of regulatory guidance, forms—such as SF 

1449, SF 30, Defense Department (DD) 1155, and SF 44—

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books, templates, prepopulated sample documents (such as 

statements of work, requests for proposals, and justification 

and approval documents) supplies, and equipment. 

• International driver’s license. 

• Civilian clothes. In some instances, military uniforms are 

not advisable. The regional contracting center (RCC) chief 

provides instructions regarding the wearing of uniforms. 

• Government-wide commercial purchase card (GCPC) that 

is bulk-funded to the level possible, enabling immediate 

expenditure upon arrival. 

• A list of unit-assigned procurement instrument identification 

numbers (PIINs), in accordance with DFARS 204.7003 and the 

uniform PIIN issued by the senior contracting official (SCO). 

• Where possible, advance registration for any applicable 

systems, such as the Contracting Officer’s Representative 

Tracking (CORT) Tool, Joint Contingency & Expeditionary 

Services (JCXS),30 Contingency Acquisition Support Model 

(cASM), 3in1 Tool, Federal Procurement Data System–Next 

Generation (FPDS-NG), Contractor Performance Assessment 

Reporting System (CPARS), and Electronic Data Access 

(EDA) system. The Department of Defense Contingency 

Business Environment Guidebook (CBE Guidebook) contains 

additional information on registering for e-business tools and 

getting them up and running in theater. 

• DD Form 1833, “Isolated Personnel Report (ISOPREP).” The 

ISOPREP contains data elements that have personal data, 

30 Joint Contingency & Expeditionary Services (JCXS) is the new name for the Joint Contingency 

Contracting System (JCCS) platform.

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photographs, and other information to help in the recovery of 

U.S. military, civilian, or DoD contractor personnel who are 

isolated, missing, detained, or captured. The ISOPREP and the 

evasion plan of action are the most important tools for executing 

timely rescue and recovery. Once DD Form 1833 is completed, 

it becomes classified confidential and therefore should be 

submitted electronically, not carried in person. Army Graphic 

Training Aid (GTA) 80-01-001 contains additional information 

on personnel recovery. More information on isolated personnel 

reports can be found in the ISOPREP section of this chapter.

Mature and immature contracting environments. CCOs must 

consider the maturity factor when planning for contingency operations 

because the contracting tools used are based on the maturity of the 

environment and the contingency phase, as follows: 

• Mature. A mature contracting environment is characterized 

by a sophisticated distribution system that can rapidly respond 

to changing requirements and priorities; sufficient vendors, 

with government contracting experience, that can comply with 

FAR requirements to meet contingency contracting demands; 

an infrastructure capable of housing e-business tools; and, in 

the best case, an in-place DoD contracting office or structure. 

Examples of mature OCONUS contracting environments 

include Kuwait, Saudi Arabia, Qatar, Korea, and Western 

Europe. 

• Immature. An immature contracting environment is an area 

with little or no built-up infrastructure and few vendors. The 

available vendors are likely to have limited to no experience 

contracting with the U.S. government. An example of an 

immature contracting environment is the Horn of Africa 

(HoA) and the initial stages of Operation Enduring Freedom 

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in Afghanistan. CCOs in immature contingency contracting 

areas should meet with the Department of State General 

Service Officer (GSO), who may be able to provide critical 

information on the local vendor base. Also, the local chamber 

of commerce (if any) can serve as a wealth of information on 

responsible vendors.

Contracting during hostilities. Hostilities can break out during 

any phase of a contingency operation. The more rapidly the CCO 

matures the contracting operation, the better support the CCO can 

provide if hostilities occur. However, unavoidable problems may 

include the following: 

• Contractor employees who don’t report for work, abandon the 

job site, or refuse to drive vehicles in certain areas

• Vendors and shops that close during hours of darkness or cease 

operations 

• Increased enemy threats to the CCO when traveling in the local 

area.

• Increased risk to vendors doing business with the U.S. 

government, making locating sources of supply difficult.

As a CCO, you are likely to have the opportunity to observe the 

local community. Seek help from the supporting intelligence unit (J2) to 

identify existing and potential threats and to report suspicious activity. 

If you cannot perform the CCO contracting mission, you must advise 

the SCO and head of the contracting activity (HCA), as well as the units 

you’re supporting, so military personnel can be redirected and used 

instead of contractors. Similarly, if a contractor refuses to perform, 

you need to find another contractor (and prevent lapses in service), 

seek alternate arrangements (in-house support, HN agreements, etc.), 

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or do without the service. CCOs must keep customers informed about 

contracting activities so they can plan accordingly.

Research is the key. Before deployment, get as much advance 

information as possible about the country or domestic disaster area. Work 

with the CCO you will replace (if applicable) to get an understanding 

of local conditions and existing contract support requirements. CCOs 

must review site surveys that other ADVON teams have performed 

and use the information to develop a site survey checklist. (See the 

Critical Checklists appendix for a sample Site Survey Checklist.) 

CCOs should read relevant acquisition guidance—such as acquisition 

instructions (AIs) and standard operating procedures (SOPs)—for the 

area of responsibility (AOR) to be supported. The respective Combatant 

Command (CCMD) Operational Contract Support Integration Cell 

(OCSIC) (as described in Chapter 2) can provide specific contract 

support information for the AOR of use to the CCO and support 

personnel. Also, AIs established in other CCMDs may contain best 

practices of use to the CCO, even though the environments may differ. 

CCOs should become familiar with the currency, conversion rate, and 

local business customs. In addition, cultural and social differences, such 

as language or literacy barriers, can compound the difficulties the CCO 

must include in planning (as described in Chapter 8). Good sources 

for investigating a country, and preparing for deployment, include the 

following: 

• AARs (unclassified reports available at https://acc.dau.mil/

aar).31

• The Central Intelligence Agency World Factbook.

31 The Defense Acquisition University’s Acquisition Community Connection is not the official 

repository of AARs; each Service has its own system and method for collecting them for 

validation and input into the Joint Lessons Learned System (JLLS).

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• Websites of U.S. embassies, consulates, and diplomatic 

missions, available at http://www.usembassy.gov/.

• The Department of State website.

• The United States Agency for International Development 

(USAID) website, which is an excellent source of countryspecific information. One of the USAID missions is support 

for economic growth and trade (such as the USAID Trade for 

African Development and Enterprise and the USAID economic 

opportunity projects in Jordan), making it an excellent source 

for locating vendors and contractors. USAID typically has 

offices in each U.S. embassy.

• U.S. Navy husbanding contracts to support fleet port visits, 

which might be able to support an initial response for 

humanitarian assistance or disaster response, helping the CCO 

at the very beginning of an event. One of the following regional 

fleet logistics centers (FLCs) can help determine whether a 

contracting vehicle is in place to support critical needs for 

an emergency response, but orders must be placed by the 

applicable FLC contracting officer: FLC Yokosuka, U.S. Pacific 

Command (PACOM) AOR; FLC Sigonella, U.S. European 

Command (EUCOM), United States Central Command 

CENTCOM, and U.S. Africa Command (AFRICOM) AOR; 

and FLC Norfolk, U.S. Southern Command (SOUTHCOM) 

and U.S. Northern Command (NORTHCOM) AORs. The 

Naval Supply Systems Command (NAVSUP) website provides 

more information on Naval husbanding contracts.

• Geographic combatant command (GCC) websites for OCS 

material that supports respective AORs. See the GCC AOR 

link for a consolidated list of GCC websites. 

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After-Action Report (AARs). AARs are a great way for CCOs to 

capture best practices and assist fellow CCOs who may be taking over 

contract support responsibilities. AARs should be forwarded through 

the responsible SCO within 30 days after redeployment to home station 

in accordance with agency procedures. AARs should include follow-on 

plans for contracts issued in support of the contingency mission. CCOs 

should start writing the AAR as soon as they arrive and should leave 

a copy of the AAR in the continuity book before leaving. To access 

sample AARs, take the following steps: 

3. Join the Acquisition Community Connection. After you receive 

membership notification, you must request access to AARs. 

2. Send a message to msc@dau.mil noting the reason for access. 

When your access is approved, you will receive a confirmation 

message. AAR lessons learned are available at the Defense 

Acquisition University (DAU) Acquisition Community 

Connection website. 

CCO continuity book. When the CCO arrives at the deployed 

location, one of the first requirements is reviewing information in 

the CCO continuity book. The CCO should maintain and continually 

update the CCO continuity book to assist follow-on CCOs. When a 

deployment is terminated, the last CCO should forward the continuity 

book to the J4 supporting the AOR. The book should include at least the 

following: 

• A current vendor or contractor source list, including vendor 

names, addresses, telephone numbers, points of contact 

(POCs), and type of supplies or services provided

• A current list of vendors and contractors willing to provide 

emergency support 24 hours a day

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• Copies of all headquarters (HQ) policy letters, acquisition 

instructions, standard operating procedures, and guidance 

messages received to date

• Minutes of all meetings attended by CCO personnel, including 

open action items impacting the contracting function

• A list of all ratification actions to date 

• Contractor delivery and gate security information

• Copies of all customer education handouts developed to date

• Key POCs at the deployed site, including names, grades, 

duty title units, telephone numbers, and after-hours POCs, if 

available

• Lessons learned during the deployment to date

• Copies of weekly reports of actions and dollars spent to date 

• Reconciliation reports

• Bulk-funding logs showing remaining balance

• A list of local contractors and vendors that are debarred or 

are unapproved pursuant to local vendor vetting policy and 

procedures

• The disposition of purchase records

• An AAR, submitted electronically within 30 days after 

redeployment by each CCO to the parent command, which in 

turn forwards the report to the theater command supporting 

the AOR, with select AARs forwarded to DAU for inclusion in 

the contingency contracting community of practice 

• A current list of enduring contract vehicles with contingency 

clauses.

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Advance echelon teams. Within the first 30 days after a contingency 

declaration, a CCO normally deploys with the ADVON team. At a 

minimum, the team should consist of an experienced CCO, engineering 

representative, finance representative, logistics personnel, security 

personnel, comptroller representative or funds certifier, and legal 

representative. The size and number of teams depends on the size, 

anticipated duration and complexity of contingency, humanitarian 

or peacekeeping operational requirements, and overall mission 

requirements, as determined by the HCA and SCO. The priority of 

the ADVON CCO is to locate sources; become familiar with local 

conditions and the marketplace; and, before arrival of unit personnel, 

consult with the Army Criminal Investigation Division (CID), Air Force 

Office of Special Investigations (OSI), and Naval Criminal Investigative 

Service (NCIS) concerning security and force protection and personnel 

recovery matters. In addition, the CCO should consult with the 

embassy regional security officer to identify any existing interfaces 

with interagency or HN recovery procedures. Plans should provide for 

adequate security arrangements and disbursing officer support during 

advanced deployments. Bulk funds (and a means to replenish them) 

also should be provided. CCOs or field ordering officers (FOOs) should 

carry an approved GCPC to facilitate the procurement process when 

and where possible. 

Site surveys. In general, the ADVON team conducts the site 

survey, which should include sources of supplies and services, 

business customs, maps, interpreter sources, and other important 

information. (See the Critical Checklists appendix for a sample Site 

Survey Checklist.) The CCO should take a camera on the site survey, 

if able, and document everything on film. Pictures of runways, water 

pumps, generators, control towers, and perimeter fencing greatly aid 

engineering, operations, and security forces personnel who were not 

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part of the site survey. Photographs also refresh the CCO’s memory for 

subsequent requirements and can even be used to solicit quotes from 

contractors as appropriate (check with security regarding pictures of 

installations). Also, the CCO must check with the U.S. Embassy or HN 

to confirm whether taking pictures is allowable. 

Plugging in Downrange

Once downrange, the CCO must learn how to plug into the new 

environment. The CCO must find the support structure (J4) and meet 

with the on-site commander to accomplish the following: 

• Obtain a prioritization of initial requirements based on mission 

needs 

• Discuss purchase request (PR) control procedures, including 

funds accountability, PR validation and approval, inspection, 

acceptance, quality assurance procedures, and disposition of 

purchased assets

• Inform the on-site commander that additional duties might 

impede contracting responsibilities or create a conflict of 

interest and create the potential for undue influence

• Advise the on-site commander that only the CCO is authorized 

to obligate the U.S. government for local purchases, and offer 

to present a briefing on this topic at the first commander’s call

• Have the on-site commander create a policy that no one 

should place undue pressure or command influence on CCOs 

to purchase any goods and services that violate laws or 

regulations. 

Simultaneously, the CCO must promptly locate customers, obtain 

finance support, and identify POCs at the local embassy. If an embassy 

is not available, the CCO may check nearby country embassies. 

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Two embassy contacts are of major importance from a contingency 

contracting perspective—the government services officer (GSO) 

and executive coordinating agency (ECA). The GSO is essentially a 

contracting officer in the embassy who would likely know the support 

agreements in place. If an embassy is asked to assist with contracting 

actions, it may charge an international cooperative and administrative 

support service fee. If the country hosting the deployment has an HN 

support agreement or an ACSA in place, it could provide U.S. forces 

with logistics support, supplies, or services, thereby not needing 

contract support. 

The CCO, through coordination with the J4 counterpart, should 

check the ACSA Global Automated Tracking and Reporting System 

(AGATRS) or Department of State website with the command to identify 

in-place agreements that may meet requiring activity needs. The JCXS

website and CBE Guidebook contain information on registration for 

AGATRS. Food, water, fuel, transportation, and facilities might be 

available, eliminating potential problems such as having to procure such 

services at startup from unknown vendors and time delays. Embassies 

have important country-specific knowledge, too, and can guide the 

CCO in dos and don’ts and serve as a prime resource for locating 

and vetting vendors. The CCO should also know whether the Surface 

Deployment and Distribution Command or the Navy has port contracts. 

Some embassies have an ECA, which might offer greater support than 

the GSO. Like other organizations, embassies differ in how much and 

how well they can support a CCO, depending on their location and the 

attitude of their staff members. A list of U.S. embassies is available at 

the USEmbassy.gov website. 

Acquisition and cross-servicing agreements. ACSAs are 

reimbursable, bilateral support agreements that allow the exchange 

of logistics, supplies, and services between the United States and 

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military forces of eligible countries and international organizations 

of which the United States is a member. Per Department of Defense 

Directive (DoDD) 2010.9, ACSAs are legal instruments entered into 

under the authority of 10 U.S.C. 2341. CCOs should work with their J4 

counterpart to determine whether ACSAs exist in the CCO-supported 

operational area. For example, U.S.–Canada bilateral agreements 

govern the status of contractors and employees, criminal jurisdiction, 

and taxation for work performed in Canada. U.S. Forces, component 

policy, and U.S.–Canada bilateral agreements govern logistics support 

and base privileges of contractor employees.

Key aspects of an ACSA include the following: 

• Transactions may be cash reimbursements, equal-value 

exchanges, or replacement-in-kind of logistic support, supplies, 

and services. 

• The kinds of logistics support that may be exchanged are 

food; billeting; transportation; petroleum, oil, and lubricants 

(POL); communications services; nonaccredited training; 

ammunition; emergency medical services; and base operations.

• Categories of support that may never be exchanged are 

guided missiles and kits, major end items, chemical or nuclear 

munitions, formal accredited course training, official uniforms, 

and major construction projects. 

Acquisition and Cross-Servicing Agreement Global Automated 

Tracking and Reporting System (AGATRS). AGATRS is an automated 

tool that tracks and provides visibility into worldwide ACSAs, including 

those available that may satisfy requirements through support from 

the HN or other nations supporting the contingency. CCOs, through 

interaction and correspondence with their J4 counterpart, must check 

this tool to see available resources to support agency needs. ACSAs may 

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provide the supplies or services needed without having to enter into the 

contract support process. See the CBE Guidebook for information on 

registering for AGATRS and how to use AGATRS in theater. 

Host Nation Support. The CCO must establish a link with the HNS 

teams and obtain cooperation from HNS authorities and personnel to 

enhance the CCO’s ability to fulfill contingency contracting needs. The 

CCO needs to know the support that can be obtained through the host 

nation (HN). Make contact with local U.S. authorities and higher-level 

HQ officials to determine whether HNS is available. Before deployment, 

coordinate with legal assistance, civil affairs units, intelligence, and the 

U.S. embassy to identify information on contractors in the area. A 

liaison officer should know the HNS laws, regulations, and military 

command structures and should be able to coordinate with the HN to 

initiate site surveys. Reconnaissance visits to proposed contingency, 

humanitarian assistance, or peacekeeping operation sites will help 

identify the support that the HN can render.

Status of forces agreement (SOFA). A SOFA clarifies the terms 

under which the foreign military is allowed to operate. Typically, purely 

military issues, such as the location of bases and access to facilities, 

are covered by separate agreements. SOFAs are more concerned with 

the legal issues associated with military individuals operating in 

country and property, including entry into and exit from the country, 

tax liabilities, postal services, and employment terms for host-country 

nationals, but the most contentious issues are civil and criminal 

jurisdiction over the bases. For civil matters, SOFAs cover procedures 

for the determination and payment of civil damages caused by the 

forces. Your local legal counsel can help with SOFAs and their impact 

on contract support.

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Exhaustion of Logistics Supply and Required Sources 

of Supply

Many supplies and services for any contingency operation can 

be obtained through the logistics supply pipeline established for the 

operation. Table 4-1 lists the basic supply classes. 

 Table 4-1. Supply Classes

Before initiating any local acquisition for supplies and services, the 

CCO must ensure that requiring officials have exhausted the established 

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logistics supply pipeline and that it cannot provide the required supplies 

or services to meet mission needs in a timely manner.

In any contingency operation, quality acquisition support for the 

commander is critical to mission accomplishment. As stated, virtually 

all requested services, supplies, and construction are urgent and high 

priority. Local procurement actions should be initiated only when the 

following have been exhausted: 

• Basic deployment kits and prepositioned items. CCOs 

should check with the J4 network to determine whether basic 

deployment kits and prepositioned items are readily available 

before making a local purchase. For example, Harvest Eagle 

and Harvest Falcon are two examples of deployment kits that, 

combined, are known as the Air Force Basic Expeditionary 

Airfield Resources (BEAR) program. The BEAR program 

is designed and sized to support simultaneous major theater 

wars. The equipment provided in these two kits gives theater 

warfighters the capability to support a total of 68,200 combat 

troops and 822 aircraft at austere locations, working from the 

ground up to build complete bases. 

• Other required government sources. CCOs must comply 

with FAR part 8 and DFARS part 208, which establish required 

sources for supplies and services throughout the government, 

DoD, General Services Administration (via federal supply 

schedules), and other agencies. Legal advisors to an operation 

also must become familiar with FAR part 8 and DFARS part 

208 to ensure contracting officials in any operation are fully 

using these sources. 

• HN and allied forces supply sources. CCOs also must 

become familiar with the supplies and services the HN has 

agreed to supply under any applicable HNS agreements for the 

operation. 

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• Interservice support agreements. These agreements cover 

actions by one military service or element to provide logistics 

or administrative support to another military service or 

element. Such actions can be recurring or nonrecurring on an 

installation, in an area, or even worldwide. 

• Contingency (coalition) partners. Allied forces that are 

contingency partners might have agreed to provide supplies 

or services pursuant to an implementing arrangement to an 

ACSA. A memorandum of agreement (MOA) or protocol to 

the implementing arrangement might have been executed for 

the contingency. 

NATO Tasking

A CCO may be deployed for the North Atlantic Treaty Organization 

(NATO) in two situations: (1) a national tasking (U.S. troop contribution), 

where the FAR and a normal warrant are used, and (2) a NATO tasking 

against a crisis establishment staffing document, normally supporting 

a NATO HQ, where NATO rules apply. For example, CCOs stationed 

at Camp Bondsteel in Kosovo use U.S. rules, while CCOs stationed at 

Kosovo Force (KFOR) HQ in Pristina use NATO rules. The application 

of rules comes down to funding: if U.S. funds are used, U.S. rules and 

U.S. warrants apply; if NATO funds are used, NATO rules and NATO 

warrants apply. If tasked to support a NATO operation, CCOs should be 

aware that the contracting rules differ vastly from U.S. rules. You will 

not be required to comply with the FAR, but rather must comply with 

Bi-Strategic Command (Bi-SC) Directive 60-70.

The HQ chief of the purchasing and contracting branch nominates 

contracting officers, gains financial controller (FC) endorsement, and 

seeks a formal certificate of appointment by the NATO commander or 

the chief of staff/financial controller. The contracting officer authority, 

in the form of a written warrant, is valid only for contracts issued on 

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behalf of NATO HQ or the agencies to which the CCO is assigned or 

designated to support. No other warrant is considered valid authority for 

Bi-SC contracting officers. 

Additional Planning Considerations

CCOs should consider a number of additional planning elements. 

For example, the agreements and operation plans can affect how work is 

performed under the contract:

• Applicability of any international agreements, such as SOFAs, 

to the acquisition. Check with the relevant command, or see the 

Department of State website (under Treaties in Force) for a list 

of these agreements 

• Security requirements that apply to the AOR

• All contractor personnel authorized to be armed, who must be 

fully briefed on U.S. laws, HN laws, SOFAs, and JFC policies 

regarding the circumstances in which they may use force

• Standards of conduct for the prospective contractor and its 

employees and any consequences for their violation 

• Requirements for use of foreign currencies, including the 

applicability of U.S. holdings of excess foreign currencies

• Availability of government-furnished logistical support for 

contractor employees, such as lodging, meals, medical, and 

office supplies

• Physical inventory of all government-furnished property, 

which the contractor performs periodically in accordance with 

FAR Clause 52.245.1

• Information on taxes and duties and possible government 

exemption from them, including information available from 

the local embassy

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• Applicability of ACSAs.32

SOFAs and other international agreements and treaties also can 

affect contract work: 

• For work performed in Japan, U.S.–Japan bilateral agreements 

govern the status of contractors and employees, criminal 

jurisdiction, and taxation. U.S. Forces Japan, component 

policy, and U.S–Japan bilateral agreements govern logistics 

support and base privileges of contractor employees. 

• For work performed in Korea, U.S.–Korea bilateral agreements 

govern the status of contractors and employees, criminal 

jurisdiction, and taxation. U.S. Forces Korea and component 

policy as well as U.S.–Korea bilateral agreements govern 

logistics support and base privileges of contractor employees. 

The state of the local banking system and its impact on contract 

business arrangements also can affect contract work. 

Real-World Example: A chief of contracting, a prepared and experienced person, responded 

to a humanitarian effort in Pakistan within a moment’s notice. The chief of the contracting 

office initially asked for volunteers from his unit but determined that he was the best suited 

for the emergency operation and would accept the deployment. He left a sustainment effort 

where things were established and was thrown into a bare-base operation overnight, where the 

environment was unknown and immature. He was able to support a critical mission by being 

physically, mentally, and deployment ready for the extremely demanding forward operation.

The Bottom Line: A CCO should always be prepared to forward-deploy, whether as an 

ADVON CCO or to support buildup or sustainment operations. CCOs often receive very short 

notice of deployment, especially at the onset of a contingency.

Referrals and reachback. Some PRs cannot be fulfilled through 

the local market. The CCO should not overlook or underestimate 

the usefulness of the referral system for fulfilling requirements. 

Requirements may be referred to another contracting activity for action 

32 DoDD 2010.9, “Acquisition and Cross-Servicing Agreements.”

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or may be returned to a CONUS location for reachback support. Many 

sources of contracting expertise geographically separated from the 

deployed CCO could be used, such as the following:

• U.S. embassy or consulate

• Nearest permanent military installation contracting office 

• Theater J4 

• CONUS contracting offices

• Army Contracting Command (ACC)–Rock Island

• DLA

• Navy husbanding contracts

• Joint Theater Support Contracting Command (JTSCC).

Real-World Example: At times, continental United States (CONUS) contracting offices may 

be asked to support outside CONUS (OCONUS) contingencies in some capacity. For example, 

CCOs in Haiti supporting the January 2010 earthquake had to reachback to Hurlburt Field 

CCOs to purchase supplies for U.S. personnel supporting the operation and fly them in on 

a daily C-130 flight to avoid pulling scarce resources off the shelf in the local disaster area.

The Bottom Line: Deployed CCOs should determine whether reachback support is available 

for the respective operation and if so, the CCO should make the effort to fully understand 

the reachback office’s capabilities and utilize the support to the extent practicable pursuant 

to agency procedures. Similarly, contracting officers serving in a reachback support office 

should reach forward to deployed CCOs to explain the capabilities and offer support 

where able.

In some cases, the forward-deployed assets might not be able to 

process the deluge of requirements for large-scale contingencies. In 

other cases, conditions in the contingency area of operations might 

be so dangerous that a large contracting footprint cannot be made and 

maintained. The complexity of the contract requirement might also 

lead to its assignment to a contracting center of excellence for the preaward and contract award phases and then its transfer to the CONUS 

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activity for contract administration. No matter the factors that drive the 

situation, the following ground rules govern supporting an OCONUS 

contingency from a CONUS site: 

• The OCONUS CCO who will administer the contract needs 

to participate in the contract award process and assist in the 

development of the acquisition strategy. The OCONUS CCO 

understands the environment and will ultimately drive the 

acquisition. The OCONUS CCO and designated COR must be 

contacted early and often. 

• The CONUS office must be aware of established memorandums 

of understanding or agreement with the OCONUS partner to 

ensure operation-specific issues are clearly specified and all 

parties are aware of existing SOFAs or other agreements. 

For CCOs using reachback buying units, basic funding and shipment 

information is useful for the reachback cell to know. In most cases, the 

vendor is asked to deliver to a specified AOR buying office—the normal 

free on board (FOB) destination point. A determination of shipping 

costs should be included for shipping and handling per item in case the 

CONUS vendor’s FOB point is at origin rather than destination. The 

CCO must know that the more preferred purchasing method is through 

the local AOR to prevent customs and delivery nightmares. The CCO 

should check the local market before resorting to reachback solutions or 

Internet purchases.

Civil Augmentation Programs

 Civil augmentation programs (CAPs) plan for the use of civilian 

contractors during contingencies or in wartime to augment the logistics 

support of selected forces. Typically, these programs could apply in 

all phases of contingency operations. The Army, Navy, and Air Force 

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each have a CAP contract, CCOs need to understand the capabilities of 

each type. All three CAPs support U.S. joint operations worldwide and 

prevent the dilution of military forces stemming from their provision 

of the required services and support. However, these contracts are 

expensive, so they should be used only when it is not appropriate 

for military personnel to provide needed services and functions. 

Commanders must be vigilant in the use of civilian augmentation 

because contract costs can easily become inflated, particularly when 

changes or additions are made late in the execution phase. However, 

civilian augmentation contracts often are the only means for obtaining 

the skilled people and services needed to quickly construct and repair 

buildings and equipment as well as critical services formerly provided 

by military personnel. 

Logistics Civil Augmentation Program (LOGCAP). LOGCAP is 

an Army regulatory program that augments the force by pre-planning 

for and executing contracted services in support of DoD-directed 

and -supported missions. Operational commanders identify their 

requirements and request LOGCAP, as appropriate, to meet mission 

needs. LOGCAP is characterized by the following elements:

• Capabilities. In general, it can be used to provide scalable 

logistics and base support services to short- and long-term 

operations. 

• Planning. The LOGCAP Program Management Office (PMO) 

helps requiring activities by engaging in deliberate planning. 

LOGCAP planners participate in designated planning 

conferences and prepare general and operationally specific 

plans. 

• Management. LOGCAP is a Headquarters, Department of 

the Army (HQDA), program. HQDA G-4 holds primary 

responsibility for LOGCAP policy and base program funding 

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and is the approval authority for LOGCAP use. The U.S. 

Army Materiel Command, through its subordinate command, 

the Army Sustainment Command (ASC), is responsible 

for program planning and execution. Within ASC, the 

LOGCAP PMO is the focal point for overseeing the program 

in coordination with requiring activities, contracting activities, 

contingency contract administration service activities, and 

compliance organizations. (See Army Regulation [AR] 700-

137 for further information on LOGCAP planning, procedures 

for requesting LOGCAP support, and program management.)

Air Force Contract Augmentation Program (AFCAP). AFCAP

is a worldwide contingency contract tool available to support the Air 

Force, joint forces, and any U.S. government agency in need of urgent 

logistics assistance to support contingency operations. Like all CAP 

programs, AFCAP is designed to rapidly leverage private-industry 

capabilities as a force multiplier in supplying highly responsive 

solutions to meet global mission objectives across the full range of 

military operations. AFCAP contractors have a worldwide capability, 

coupled with a breadth and depth of commercial business interests 

aligned to meet contingency operations requirements. Unlike the other 

service CAPs, AFCAP can be used to procure and expeditiously ship 

just-in-time (JIT) commodities. Depending on urgency, degree of 

requirements definition, and task stability, contracts can be tailored as 

firm-fixed-price (FFP), cost-plus-fixed-fee (CPFF), or cost-plus-awardfee (CPAF) task orders as necessary to best match government needs. 

AFCAP is characterized by the following elements:

• Capabilities. AFCAP can provide, at a minimum, 72 core 

general engineering and other logistics services and associated 

commodity procurement and shipment capabilities. It can also 

be used to provide initial force beddown of non-Air Force 

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personnel (the Air Force has an organic military capability for 

its own life support). AFCAP may be used to help transition and 

upgrade bare bases from initial austere support to temporary 

standard facilities and utilities. This approach allows the 

recovery and reconstitution of critical war reserve materiel 

resources for use at other locations or for the support of 

additional expansion for a specific mission. 

• Planning. AFCAP contractors can be asked to provide rough 

order of magnitude (ROM) estimates; however, most ROM 

estimates are performed by the HQ Air Force Civil Engineering 

Support Agency (AFCESA) staff. Task orders for planning by 

AFCAP contractors can be awarded to help customers with 

their requirements. 

• Management. HQ AFCESA performs program management 

functions, and the Air Force Education and Training 

Command (AETC) provides contracting support for AFCAP 

requiring activities. HQ AFCESA is located at Tyndall 

Air Force Base, FL, and program management is deployed 

forward as required. The AETC contracting staff retains all 

contracting functions, including all procuring contracting 

officer (PCO) and contingency contract administration 

services (CCAS) functions (and issuance of all task orders), 

execution of modifications resulting in price changes to task 

orders, and execution of modifications to the basic contract 

(exercise of options). If requested by AFCAP, the Defense 

Contract Management Agency (DCMA) supports property 

administration as required. 

Administrative requirements for referrals. Referral packages 

should be tracked until completed. This tracking supports the CCO in 

knowing referral status and the finance officer and resource manager 

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in tracking outstanding commitments. Before sending a requirement 

to another location, usually via e-mail or fax, the CCO should ensure 

that the acquisition package is complete. Funds should be transferred in 

accordance with DoDI 4000.19, “Support Agreements.” 

Other contracting offices in the AOR. DoD has contracting offices 

around the world. No matter where CCOs deploy, a contracting office 

is always in the geographic vicinity. A few of the unified commands 

have contract representation on the J4 staffs, but most delegate theater 

contracting to an SCO. DoD unified commands and associated contact 

information are as follows: 

• CENTCOM: 813-827-6420; https://www2.centcom.mil

• PACOM: http://www.pacom.mil

• EUCOM: http://www.eucom.mil/policies-and-compliance/

eucom-operational-contract-support

• SOUTHCOM: http://www.southcom.mil/workwithsouthcom/

Pages/Contracting-Support.aspx

• NORTHCOM: http://www.northcom.mil

• AFRICOM: http://www.africom.mil.

FLCs. The regional FLC structure supports contracting for Navy 

units. The regional FLC can offer details on potential existing contract 

support for noncombative contingency operations. Links to each of the 

regional FLCs are available at the NAVSUP Global Logistics Support 

(GLS) webpage.

OCONUS defense contractors. The contractor support option is 

available to field commanders to augment available military support 

resources and HNS. In the initial stages of an operation, the supplies, 

services, and construction provided by local contractors can improve 

response time and free military resources for combat operations. As 

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the operation progresses, contractors provide traditional logistics 

support and other non-logistics-related support. Contractors also may 

provide services such as security, interpreters, communications, or 

infrastructure support. Such contractor support allows the commander 

to minimize the number of combat personnel used for such noncombat 

functions and to maximize the number of combat personnel focused on 

combat operations. At the conclusion of operations, contractors also can 

facilitate early redeployment of military personnel.

DoDI 1100.22, “Policy and Procedures for Determining Workforce 

Mix,” sets restrictions on the functions contractors can perform and 

those inherently governmental. Activities that are restricted at least in 

part include security furnished in hostile or volatile areas as well as 

procurement functions.

When determining requirements for contract guard force or other 

private security functions in contingency operations, humanitarian or 

peace operations, or other military operations or exercises, requiring 

activities must be familiar with the information found at http://www.

acq.osd.mil/log/PS/psc.html. Functions that may be provided by private 

security contractors (PSCs) include the protection of fixed facilities, 

assets, and personnel and the use of mobile convoy security to protect 

personnel and materiel movements in the insecure areas outside 

U.S. bases. PSCs must be employed cautiously when major combat 

operations are ongoing or imminent. Several factors should be weighed 

when considering specific security contracts, including the location 

where contract security personnel will operate; anticipated threat; 

property or personnel to be protected; manner in which the contractor 

will be operating in areas of increased risk, including command and 

control, sharing of threat information, and communication with forces; 

and the training and qualifications of contract security personnel. CCOs 

must be familiar with DoDI 3020.50, “Private Security Contractors 

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(PSCs) Operating in Contingency Operations, Humanitarian or 

Peace Operations, or Other Military Operations or Exercises,” which 

implements policy for the use of PSCs in contingency operations. For 

additional policy, procedures, and guidance on contracts performed 

outside the United States, to include private security functions; see 

DFARS 225.3 and PGI 225.3. 

External Contracts

U.S. Navy global contingency contracts. The Naval Facilities 

Engineering Command (NAVFAC) has awarded two worldwide 

contingency theater support contracts, the Global Construction 

Capability Contract (GCCC) and the Global Contingency Services 

Contract (GCSC). The GCCC focuses on construction, while the GCSC 

addresses facilities support. Any GCCC or GCSC orders must be 

coordinated through a NAVFAC coordinating officer.

Global Construction Capability Contract (GCCC). The GCCC 

is a competitively solicited, multiple-award, cost-reimbursable contract 

with an award fee. This acquisition vehicle has three prequalified 

sources to provide a maximum of $1 billion of construction over 5 years. 

The contract furnishes construction, design and build construction, 

and related engineering services in response to natural disasters, 

humanitarian assistance needs, conflicts, or situations with similar 

characteristics. This scope includes occasional projects to ensure 

readiness to perform during emergency situations and military exercises. 

NAVFAC also uses the GCCC as an acquisition tool to support DoDD 

4270.5, “Military Construction.” The GCCC is characterized by the 

following elements:

• Capabilities. The GCCC gives the Navy—or the Navy on 

behalf of DoD or other federal agencies when authorized—

an immediate response for civilian construction capability 

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needs. The scope includes the capability to provide general 

mobilization services for personnel, equipment, and material 

to support naval construction forces (NCF) mobilization and 

similar mobilization efforts and to set up and operate material 

liaison offices at a deployed site in support of NCF operations. 

The work is mostly construction, but services incidental to 

the construction may also be included. Construction critical 

response during an emergency primarily supports response to 

natural disasters, military conflicts, or humanitarian aid needs. 

• Planning. Each contractor is required by contract to maintain 

an in-place contingency response plan, available to facilitate 

responses to emerging requirements. The plan identifies 

prepositioned resources, suppliers, and procedures for rapidly 

developing, detailed execution plans tailored to the specific 

requirements of the emergency. 

• Management. NAVFAC Atlantic in Norfolk, VA, manages 

the GCCC. Other NAVFAC components also may be given 

ordering office authority under this contract. 

Global Contingency Services Contract (GCSC). The GCSC is an 

indefinite delivery, indefinite quantity (IDIQ), CPAF contract designed 

to quickly provide short-term facilities support services with incidental 

construction at other locations (including remote sites) throughout the 

world. The GCSC is characterized by the following elements:

• Capabilities. This performance-based contract is designed 

to respond to natural disasters, humanitarian efforts, 

contingencies, or other requirements (such as nonperformance 

by an incumbent contractor or instances of unanticipated 

lapses in service). The contract has a ceiling of $450 million 

over 5 years. 

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• Planning. The contractor is required by contract to maintain 

an in-place contingency response plan, available to facilitate 

responses to emerging requirements. The plan identifies 

prepositioned resources, suppliers, and procedures for rapidly 

developing, detailed execution plans tailored to the specific 

requirements of the emergency situation.

• Management. NAVFAC Pacific manages the GCSC. Other 

NAVFAC components may also be given ordering office 

authority under this contract. 

General Deployment Procedures

Before departing for a contingency operation, all contractors 

authorized to accompany the forces (CAAF) personnel are required to 

report to the deployment center designated in the contract to complete 

the following general deployment procedures: 

• Validate entr y of accountability information in the 

Synchronized Predeployment and Operational Tracker (SPOT) 

database.

• Issue or validate possession of proper identification cards.

• Receive applicable government-furnished equipment.

• Receive medical and dental screening, including required 

military-specific vaccinations and immunizations (such as 

against anthrax, smallpox, and typhoid).

• Validate or complete required training on topics such as the 

Geneva Conventions; law of armed conflict; general orders; 

standards of conduct; force protection; personnel recovery; 

medical issues; operational security; antiterrorism efforts; 

nuclear, biological, and chemical protective gear; country 

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briefing and cultural awareness; combating trafficking in 

persons (CTIP); and other appropriate subjects.

After completing deployment processing, certified by annotation of 

the letter of authorization (LOA) or provision of a separate deployment 

processing certification letter, CAAF personnel receive deployment 

process certifications to bring with them to the joint reception center 

(JRC). The contractor certification documentation for CAAF personnel 

deploying as part of a specific unit is included in the appropriate unit 

manifest. CAAF personnel deploying individually are required to carry 

this certification at all times.

In-theater contractor personnel management. The in-theater 

contract and contractor management challenges discussed in this 

section include accountability, reception, onward movement, and 

restrictions on contractor support (by area, phase of operation, or other 

measures as appropriate). Other key in-theater contractor personnel 

management considerations (such as discipline, force protection, and 

security) are addressed in other sections of this chapter. 

Personnel accountability. JFCs view the proper establishment and 

maintenance of the accountability of all CAAF personnel as extremely 

important. Without such information, properly planning for and 

integrating contingency contractor personnel into the overall operation 

are impossible. Personnel accountability is critical in determining 

and resourcing government support requirements such as facilities, 

life support, force protection, and force health protection in hostile or 

austere operational environments. The Office of the Under Secretary 

of Defense for Acquisition, Technology and Logistics, OUSD(AT&L), 

has designated SPOT as the DoD enterprise system for managing 

and maintaining accountability (by name) of contractor personnel 

when they are deployed to an operational area. SPOT gives CCDRs 

the foundation for operational contract support planning and enables 

functional oversight and integration of all contracted capabilities. A 

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web-based database, SPOT allows authorized users to view, enter, 

and manage contractor personnel predeployment, accountability, 

and location data. In addition, SPOT is designed to issue automated 

LOAs, which document the authorized government services negotiated 

in the terms and conditions of the contract, as part of the contractor 

accountability process. Contractors are required to carry the LOA with 

them at all times while deployed. SPOT business rules are found in DoD 

Business Rules for the Synchronized Predeployment and Operational 

Tracker (SPOT).

Reception. All CAAF personnel are processed in and out of the 

operational area through a JRC or other JFC-designated personnel 

center. The CCO should give the contractor JRC guidance to ensure its 

accountability in theater is current and maintained. The JRC verifies 

contractor personnel are included in the SPOT database and they meet 

all theater entrance requirements. Contractor personnel who do not 

satisfy established theater entrance requirements may be returned to the 

point of origin or placed in a holding area until these requirements are 

met. GCCs and their subordinate JFCs need to set and enforce specific 

policies for handling CAAF personnel who do not meet all established 

theater entrance requirements.

Onward movement. After the JRC fully verifies that the contractor 

is included in the SPOT database and that all theater entrance 

requirements are met, the required operationally specific identification 

documents should be issued to contractor personnel. The JRC arranges 

for transportation of the contractor and contractor equipment to the 

point of performance. The arrangement of intra-theater transportation 

of CAAF personnel includes appropriate force protection and security 

measures, commensurate with those taken for DoD civilians.

Location and movement considerations. Contractors can be expected 

to perform virtually anywhere in the operational area, subject to the 

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terms of the contract and the JFC risk assessment of the local threat 

level. On the basis of this risk assessment, the JFC or subordinate area 

commanders may restrict the location and timing of contract support; 

however, care must be taken to coordinate such restrictions with 

component commanders, applicable DoD agencies, and contracting 

officers. In addition, contractor personnel location reporting and 

equipment movement must be incorporated into the JFC movement 

control, personnel accountability, and force protection plans. 

SPOT Registration33

DoDI 3020.41, “Operational Contract Support,” requires contractor 

visibility and accountability to be maintained through a common 

joint database—SPOT or its successor—in applicable contingency 

operations. Also, all required data must be entered into SPOT or its 

successor before a contractor employee is permitted to deploy to or 

enter a military theater of operations. Contracting officers, through 

the terms of the contracts, must require contractors to enter by-name 

data before an employee’s deployment and to maintain and update the 

information in SPOT or its successor. Additional information on SPOT 

registration and contractor personnel LOAs is available in the Register 

for SPOT Access Quick Guide. 

DFARS Clause 252.225-7040 is required in contracts when 

supporting contingency and humanitarian or peacekeeping operations 

unless a deviation is in place to replace or supplement the clause (See 

DFARS 225.371-5 for examples of deviations that include supplemental 

or additional SPOT requirements). The clause also applies, and is 

required, when supporting other military operations or military 

exercises, as designated by the combatant commander or as directed by 

33 See the Office of the Deputy Assistant Secretary of Defense (Program Support), SPOT, for more 

information.

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128 Defense Contingency Contracting Handbook

the Secretary of Defense. The clause requires contractors to use SPOT 

to enter all applicable data on contracted personnel before deployment 

and maintain data for all contractor personnel authorized to accompany 

U.S. armed forces deployed outside the United States. It further requires 

contractor personnel to have a SPOT-generated LOA signed by the 

contracting officer in order to process through a deployment center or 

to travel to, from, or within the designated operational area. The LOA 

identifies any additional authorizations, privileges, or government 

support to which contractor personnel are entitled under the contract. 

The contractor and contracting officer must ensure SPOT is maintained 

and up-to-date with current contractor information and solicitations and 

contracts include the requisition provisions and clauses in accordance 

with agency policy and procedures. 

Isolated Personnel Report (ISOPREP)

CCOs, their designated representatives, and contractors must 

be aware of the personnel recovery system in place and designed to 

support their recovery. CCOs and supporting acquisition personnel 

often travel outside their base to meet with contractors, visit sites, 

etc., and can therefore be exposed to hostile environments where the 

threat of abduction and capture are high. ISOPREP training provides 

information on the processes and actions required if someone is isolated 

from friendly control. This training includes individual survival, 

evasion, resistance, and escape (SERE) training, as specified by the 

requiring activity and supported by JFC and the service component. 

SERE 100 is a universal basic requirement for all theaters.

CCOs should ensure the contractor is aware of, and complies 

with, the requirements in DFARS Clause 252.225-7040, “Contractor 

Personnel Supporting U.S. Armed Forces Deployed Outside the United 

States.”

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OCS across the Phases of an Operation34

Operational Phases. Pursuant to JP 3-0, “Joint Operations,” there 

are six operational phases. These phases often overlap or may not even 

apply, depending on the operation. Operational contract support (OCS) 

(and contingency contracting) spans across all operational phases and 

is a critical component to supporting military forces and achieving 

commander objectives during contingencies. Specific OCS actions can 

vary across the phases depending on the size, complexity, and duration 

of the operation and conditions on the ground. CCOs play an important 

role in the successful execution of OCS and therefore must understand 

the operational phases below and determine where contingency 

contracting can help achieve mission objectives. 

The phases of an operation, along with applicable OCS actions, are 

as follows: 

• Phase 0—Shape. Designed to dissuade or deter adversaries; 

develop relationships with, and assure multinational partners; 

and set conditions for the successful execution of contingency 

plans. Missions generally are conducted through security 

cooperation activities.

o OCS Actions: Contract-related boards, cells, and working 

groups are established; OCS planning and analysis of the 

operational environment is conducted; support is provided 

to security cooperation activities; and contracting support is 

executed normally, pursuant to peacetime requirements. 

• Phase I—Deter. Characterized by preparatory actions 

that indicate the intent to execute subsequent phases of the 

operation.

34 Much of the information in this section was derived from JP 4-10, “Operational Contract 

Support.”

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130 Defense Contingency Contracting Handbook

o OCS Actions: This includes mobilization and initial deployment of CCOs. Contracting support is limited to deterrence 

activities, such as support to special operations forces (SOF). 

Additionally, contracting support can be utilized to establish specific sustainment capabilities (e.g., staging base for 

enabling joint operations in subsequent phases). 

• Phase II—Seize initiative. Focused on applying force to gain 

access to the operational area and expand friendly freedom of 

action. Military actions are characterized by an extremely high 

operating tempo and freedom of action of maneuvering forces 

and their supporting organizations.

o OCS Actions: This includes joint reception, staging and 

onward integration (JRSOI). Theater support contracts are 

primarily used. Service and commodity contracts are limited 

to supplement organic military support to initial deployed 

units. Basic life support requirements are acquired, if needed. 

CCOs must understand commander requirements and acquisition priorities.

• Phase III—Dominate. Focused on breaking the enemy’s will 

to resist or, in noncombat situations, focused on controlling 

the operational environment (OE). Service component 

contingency contracting teams would normally operate in 

direct support of their habitually supported units, emphasizing 

effectiveness and responsiveness. Coordination of common 

contract support generally is limited to major contract actions 

in support of operational-level logistics and selected other 

support requirements.

o OCS Actions: Some aspects of JRSOI exist. Transition to 

stabilization and reconstruction. Theater support contracts 

continue to be used to provide support not covered by CAP 

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task orders or other support. There is an increased use of 

external support and systems support contracts in large-scale 

operations. 

• Phase IV—Stabilize. Generally characterized by a shift in 

focus from sustained combat operations to stability operations. 

During this transition, the subordinate JFC generally expands 

and formalizes the requirements review, validation, and 

approval process and may implement measures to control the 

flow of contracted support and the associated personnel from 

outside the operational area. The number of contracts often 

increases, and they become more complex and costly. Work 

with OCS support personnel to ensure a well-planned and 

-executed programmatic systems approach to OCS actions is 

in place. 

o OCS Actions: Stabilization and reconstruction in full effect. 

OCS efforts are expanded from forces support requirements 

to non-forces support (e.g., security force assistance [SFA] 

actions and emergency support to the reconstruction of local 

civil infrastructure). Requirements review, validation, and 

approval become more formalized to assist in controlling 

flow of contract support into the OE. CCOs should expect an 

increase in the use of external support contracts (e.g., staff 

augmentation services). 

• Phase V—Enable civil authority. Characterized by joint forces 

support to legitimate civil governance and drawdown of forces.

o OCS Actions: Stabilization and reconstruction efforts 

transition to termination and redeployment. New requirements should be minimized unless in support of drawdown 

activities. Typical requirements include packing, crating, and 

freight services; commercial transportation of military equipment; construction and operation of wash racks for vehicles; 

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132 Defense Contingency Contracting Handbook

and environmental cleanup. This phase should include an 

overall reduction in OCS requirements and a focus on contract termination, closeout, and transition (if applicable) to 

external support agencies.

Contract Support Organizations and Capabilities

Theater support contracting organization capabilities differ 

among military services. On the basis of the individual mission 

and organization, each service has its own approach to developing, 

training, and deploying contracting personnel. Although differing 

in organization, training, and experience, each service must have 

its contracting personnel meet the Defense Acquisition Workforce 

Improvement Act (DAWIA) certification requirements. However, 

knowing the organizational approaches and capabilities of each service 

can help the JFC maximize the capabilities each provides. 

Defense Logistics Agency (DLA). DLA is responsible 

for providing effective and efficient worldwide logistics support 

to military departments and CCMDs under conditions of peace 

and war; other DoD components and federal agencies; and, when 

authorized by law, state, and local government organizations, foreign 

governments, and intergovernmental organizations. DoD created 

the DLA Joint Contingency Acquisition Support Office (JCASO) 

to establish a capability to orchestrate, synchronize, and integrate 

program management of contingency acquisition across GCCs and, 

when requested by the combatant commander, to deploy as an enabling 

joint staff organization to augment the combatant commander staff for 

OCS support. JCASO can provide combatant commanders (CCDRs) a 

deployable OCS capability to help coordinate OCS program activities. 

JCASO provides expeditionary support in the initial phases of a declared 

contingency through its mission support teams (MSTs). Additional 

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information on JCASO and MSTs is available at the Defense Logistics 

Agency’s JCASO web page.

Defense Contract Management Agency. DCMA is the combat 

support agency (CSA) responsible for contract administration for 

the DoD acquisition enterprise and its partners to ensure delivery of 

quality products and services to the operating force. Also, while not a 

core mission, DCMA (along with the services) may serve as a CCAS 

force provider in major contingency operations when requested by the 

supported GCC and as directed by Under Secretary of Defense for 

Acquisition, Technology and Logistics [USD(AT&L]). (JP 4-10 details 

CCAS roles and responsibilities and DCMA’s capabilities as a CCAS 

force provider.)

Defense Contract Audit Agency (DCAA). Although not a CSA, 

DCAA provides invaluable in-theater support. Under the authority, 

direction, and control of the Under Secretary of Defense (Comptroller), 

it performs all DoD contract audits and advises DoD components that 

procure supplies and services and administer contracts on contract 

and subcontract accounting and financial matters. These services are 

furnished in connection with the negotiation, administration, and 

settlement of contracts and subcontracts to ensure that taxpayer dollars 

are spent on fair and reasonable contract prices. DCAA provides 

contract audit services to other federal agencies as appropriate. 

Other DoD and Intelligence Community CSAs. CCOs should be 

familiar with other CSAs that can provide department-level and tactical 

support to the U.S. military during combat operations: 

• Defense Intelligence Agency

• Defense Threat Reduction Agency 

• Defense Information Systems Agency 

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• National Security Agency 

• National Geospatial-Intelligence Agency 

• National Reconnaissance Office.

Additional References

The following references were not mentioned in this chapter but 

offer additional information related to planning and guidance:

• JP 4-05, Joint Mobilization Planning

• JP 4-08, Logistics in Support of Multinational Operations.

Chapter 4

Planning and Guidance
5. Contracting

Processes

Chapter 5

Contracting Support Execution—

Processes, Policy, and Tools

CHAPTER CONTENTS

Key Points......................... 136

Introduction....................... 137

P2P Process ..................... 141

Common Contracting Support 

Procedures in Contingency 

Environments ................... 144

Contract Types.................. 146

Contract Type Selection 

and Risk Assessment ....... 152

Determinations 

and Findings ..................... 156

Justifications 

and Approvals................... 158

Lease or Buy..................... 160

Publicizing Contract 

Actions.............................. 161

Domestic Source 

Restrictions....................... 163

Other Unique Contracting 

Considerations.................. 167

Payment Information......... 168

Pre-Award Determinations 

and Memorandums........... 172

Contract Forms ................. 175

Blanket Purchase 

Agreements ...................... 179

Source Selection 

Process............................. 180

Paying Agent Duties ......... 185

Ordering Officers 

and FOOs ......................... 188

Contract Tracking 

and Reporting ................... 192

Unauthorized Commitments 

and Ratifications ............... 194

Additional References....... 195
136 Defense Contingency Contracting Handbook

Key Points

• In any contingency operation, quality contingency contracting 

support to the commander is critical in mission accomplishment. 

• The absence of direction should be interpreted as permitting 

innovation and the use of sound business judgment, so long as 

no rules are broken.

• A wide selection of contract types is available to provide the 

needed flexibility in acquiring required supplies and services. 

Many contingency purchases can be made through simplified 

acquisition procedures (SAP). 

• Contingency contracting officers (CCOs) should emphasize 

price negotiations, even when competition exists, at sustained 

or established locations pursuant to the regulations governing 

the acquisition procedures used.

• The type of contract selected determines both the clauses to be 

included and the degree of risk accepted by the government. 

• The objective is to select the contract type most appropriate 

for the respective acquisition that places a reasonable degree 

of risk on the contractor and gives the contractor the greatest 

incentive to perform efficiently and economically.

• E-business tools can automate processes and help deliver rapid 

goods and services to the end user.

• The Department of Defense (DoD) procure-to-pay (P2P) 

process is the same end-to-end acquisition process in 

contingency environments, although the acquisition flexibilities 

in Federal Acquisition Regulation (FAR) part 18 and Defense 

Federal Acquisition Supplement (DFARS) part 218 apply in 

contingencies, which can streamline the process.

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• Joint operation areas (JOAs) may have their own acquisition 

instructions (AIs) and standard operating procedures (SOPs) 

that describe tailored processes for the respective JOA. CCOs 

should understand theater-specific processes and procedures 

before deployment when possible. They can do so by working 

with CCOs who are already in country.

Introduction

Contingency contracting processes can differ on the basis of the 

size, duration, and complexity of the contingency, but mechanisms 

are in place to help deliver rapid contracting support to the warfighter. 

CCOs and all DoD officials have an ethical obligation to abide by 

laws and regulations, even in contingency environments when the 

operational tempo is high and every acquisition seems to be “priority 

one.” However, in the absence of clear-cut directions and theater-specific 

procedures, FAR 1.102-(4)(e) encourages personnel to be innovative 

and use sound business judgment—but not bend or break rules. The 

CCO needs to find ways to conduct business professionally but still be 

innovative, providing support expediently, efficiently, and legally. 

This chapter summarizes contingency contracting execution and 

introduces processes, procedures, tools, and other mechanisms that can 

help the CCO execute the P2P process in theater and ensure expeditious 

delivery of supplies and services to the end user. It also summarizes 

the limitations on, and exceptions to, contracting operating procedures 

in a contingency environment. Also, specific processes common to the 

contingency environment are explained, including SAP, establishment 

of a field ordering officer (FOO) program, and use of e-business tools 

to automate and streamline acquisition processes. Figures 5-1 and 5-2 

show basic contracting processes and contract formats, respectively. 

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138 Defense Contingency Contracting Handbook

Figure 5-1. Basic Contracting Processes

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139

Figure 5-2. Contract Format

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140 Defense Contingency Contracting Handbook

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Contracting Support Execution—Processes, Policy, and Tools
141

P2P Process

DoD’s Procure-to-Pay process—an established end-to-end 

acquisition process—encompasses the business steps necessary 

to obtain goods and services through contracting,35 explained in a 

contingency context as follows: 

1. Receive and accept purchase requests (PRs). The CCO 

manages requests for the purchase of goods or services. As 

mentioned in Chapter 3, the CCO should work with finance 

and the customer on PRs and requirements generation. All 

acquisition personnel should fully understand the procedures 

for executing PRs and defining and generating contract 

requirements.

2. Develop procurement strategy. The CCO reviews sourcing 

alternatives for the goods or services requested to determine 

the products and services from vendor sources that best meet 

the requirement. Gauging the marketplace and vetting vendors 

is key in contingency environments. Sources of supply can be 

found through site surveys and use of government points of 

entry (GPEs) like Joint Contingency & Expeditionary Services

(JCXS) and Federal Business Opportunities (FedBizOpps).36

In the initial stages of a contingency, site surveys and vendor 

meetings at secure sites can help the deployed CCO.

3. Award procurement instrument. Results from the execution 

of an approved acquisition/sourcing plan, and results in the 

execution of contractual documentation and legal obligation of 

funds. Contract awards during the initial stages of a contingency 

35 DoD has a business enterprise architecture (BEA) that contains documentation in six domains: 

strategy, business (process), application, data, infrastructure, and security. The P2P process, 

P2P Version 10 (P2P 10.0) lies within the business domain process and is managed by the P2P 

Process Advocates’ Working Group (P2PPAWG).

36 JCXS is the new name for the JCCS (Joint Contingency Contracting System) platform.

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142 Defense Contingency Contracting Handbook

may be made using hard-copy forms (such as SF 44 and SF 

1449) and the government wide commercial purchase card 

(GCPC). Electronic contract writing systems, if operational, 

like Procurement Desktop Defense (PD2), can help the CCO 

award contracts and maintain transparency of contract-related 

documentation. Also, JCXS features a government-to-industry 

portal where contract award notifications and documents can 

be released to vendors.

4. Administer procurement instrument. Composed of 

monitoring the contract, agreement, or order to ensure a 

supplier is meeting requirements from award to physical 

completion, including change request management and vendor 

performance evaluation. This step is vital in any operation, but 

especially in contingencies.

5. Perform receipt, acceptance, and return. Involves 

confirming that goods or services were delivered as ordered, 

any errors resolved, and formal acceptance rendered by the 

government. Streamlined mechanisms like the SF 44 and the 

3in1 Tool can accomplish all three for cash-and-carry and 

field-type purchases.

6. Manage procurement instrument entitlement. Includes 

approval of the request for payment from the commercial 

vendor for goods or services rendered. This step also includes 

requests for payment on the basis of contract terms and 

conditions such as financing payments. Upon approved 

completion, the monthly statement is authorized for payment. 

7. Manage disbursements. Supports all activities necessary to 

execute the payment process for transactions that have been 

authorized for payment. Payments to vendors in contingency 

environments can be complicated at times. CCOs should 

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143

ensure vendors are paid promptly to avoid mission delays, 

interest payments, and requests for equitable adjustment 

(REAs). CCOs should be familiar with the “Accelerated 

payment methods” at 5 Code of Federal Regulations (CFR) 

1315.5.

8. Perform instrument closeout. Includes contract closeout 

procedures, from physical completion confirmation to 

archiving contracts in accordance with statutory regulations. 

This final step also includes the requirements for records 

retention. Reachback support like that provided by the Army 

Contracting Command-Rock Island (ACC-RI) Closeout 

Branch can greatly assist the CCO and streamline closeout by 

doing so outside the area of operations.

Figure 5-3 illustrates the P2P process.

 Figure 5-3. Handshake Validation Services across the P2P End to End

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144 Defense Contingency Contracting Handbook

For information on how the P2P, DoD policy, and electronic business 

(e-business) tools align, see the Department of Defense Contingency 

Business Environment Guidebook (CBE Guidebook).

Common Contracting Support Procedures in 

Contingency Environments 

Simplified Acquisition Procedure (SAP). Contingency contracting 

execution for most purchases can be accomplished using SAP, as 

described in FAR part 13, DFARS part 213, and DFARS Procedures, 

Guidance, and Information (PGI) part 213. This includes procedures 

for the acquisition of supplies, services, and minor construction 

so long as the aggregate amount does not exceed the simplified 

acquisition threshold (SAT) for declared contingency and humanitarian 

or peacekeeping operations as defined in FAR 2.101. 

Competition requirements under SAP. The competition 

requirements in FAR part 6 apply to contingencies. The CCO must 

promote competition to the maximum extent practicable to obtain 

supplies and services from the source whose offer is fair, reasonable, 

and most advantageous to the government. Maximum competition 

ordinarily can be obtained by soliciting quotations or offers from 

sources in the local trade area. Unless the contract action requires a 

synopsis pursuant to FAR 5.101 and an exception under FAR 5.202

does not apply, the CCO should consider a solicitation with responses 

from at least three sources to promote maximum competition. When 

possible, the CCO should request quotations or offers from two sources 

not included in the previous solicitation in accordance with FAR 13.104

procedures.

Governmentwide Commercial Purchase Card (GCPC). The 

GCPC is the preferred method of purchasing supplies and services 

within the micro-purchase threshold. All purchases made or paid for by 

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Contracting Support Execution—Processes, Policy, and Tools
145

using GCPCs are subject to the applicable provisions of FAR subpart 

13.2 and DFARS 213.270 and must be authorized and documented 

accordingly. Using the GCPC has well-known benefits, but it might not 

be readily accepted in many locations in a contingency situation. If the 

GCPC is not accepted or feasible, the 3in1 Tool or SF 44 may be used. 

See the DoD Government Charge Card Guidebook for Establishing and 

Managing Purchase, Travel, and Fuel Card Programs and other DoD 

GCPC policy documents at the Purchase Card Policy Documents web 

page.

Contracting officer GCPC use. Contracting officers may use 

the GCPC to support a contingency, humanitarian, or peacekeeping 

mission to buy immediately available supplies or services that will be 

delivered at one time and do not exceed the applicable SAT.37

The SF 44 and 3in1 Tool. The SF 44 (Purchase Order-InvoiceVoucher) or 3in1 Tool (required when automating the SF 44 process) 

can be used by CCOs and FOOs to make cash-and-carry (one delivery, 

one payment) purchases at or below the established micro-purchase 

threshold, or if made by warranted CCOs in declared contingency 

operations, the SAT. See FAR 13.306 and DFARS 213.306 for more 

information on SF 44. The 3in1 Tool automates the SF 44 field order, 

receipt, and purchase process. No other electronic tool can be used to 

fulfill the same capabilities as 3in1 in accordance with PGI 218.272(c). 

CCOs must be familiar with the 3in1, its capabilities and how to 

use the tool in theater as it greatly improves simplified acquisition 

in contingency environments. (See the CBE Guidebook for more 

information and guidance on the 3in1 Tool.)

Imprest fund and third-party drafts.38 These instruments are 

cash funds of a fixed amount. Imprest funds and third-party drafts are 

37 See DFARS 213.301(3).

38 See FAR Subpart 13.305 and DFARS Subpart 213.305.

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146 Defense Contingency Contracting Handbook

not standard DoD instruments and normally require special approval 

as stated in DFARS 213.305-3, “Conditions of Use.” However, imprest 

funds are authorized for use without further approval for overseas 

transactions at or below the micro-purchase threshold in support of 

a contingency operation or humanitarian or peacekeeping operation. 

CCOs should use these instruments as a last resort given the significant 

security requirements for obtaining the money. SF 44s and GCPCs 

generally have eliminated the need for imprest funds. 

Contract Types

As described in FAR 16.101, a wide selection of contract types 

are available to the CCO, providing the flexibility needed to acquire 

the large variety and volume of supplies and services required in 

contingency environments. Contract types vary according to the 

following factors: 

• Degree and timing of the responsibility assumed by the 

contractor for the costs of performance 

• Amount and nature of the profit incentive offered to the 

contractor for achieving or exceeding specified standards or 

goals. 

Contract types fall into three broad categories: fixed-price contracts 

(FAR subpart 16.2), where the contractor carries full responsibility 

and risk for the performance costs and the resulting profit or loss; 

cost-reimbursement contracts (FAR subpart 16.3), which provide for 

payment of allowable incurred costs to the contractor; and time and 

materials (T&M) or labor-hour (LH) contracts (FAR subpart 16.6), 

which provide for the acquisition of supplies or services on the basis 

of direct labor hours at specified fixed hourly rates. In addition, in a 

number of incentive contracts (FAR subpart 16.4), the contractor’s 

responsibility for performance costs and for the offered profit or 

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147

fee incentives is tailored to the uncertainties involved in contract 

performance. Moreover, in some situations, the government benefits 

from negotiating master indefinite delivery contracts for supplies or 

services (FAR subpart 16.5), with specific requirements detailed later in 

specific task or delivery orders. 

Noncompetitive contracting, cost-reimbursable contracts, and 

T&M and LH contracts pose special risks of overspending. DoD has 

received specific guidance to reduce the use of these high-risk contract 

authorities, as specified in Office of Management and Budget (OMB) 

Memorandum M-09-25, “Improving Government Acquisition.” 

Fixed-Price Contracts 

As described in FAR subpart 16.2, under a fixed-price contract, the 

government must describe exactly the required contract results and give 

the contractor the flexibility to plan, manage, and execute the work to 

achieve those results. This type of contract has tremendous advantages 

because the performance and cost risks lie with the contractor. Contract 

types commonly used in a contingency environment are as follows: 

• Firm-fixed-price (FFP) contract

• Fixed-price contract with an economic price adjustment

• Fixed-price incentive contract, with determination and finding 

(D&F) required.

As described in FAR 16.202-1, an FFP contract specifies a price 

that is not subject to any adjustment on the basis of the contractor’s 

cost experience in performing the contract. This contract type specifies 

that the contractor assumes maximum risk and full responsibility 

for all costs and resulting profit or loss. An FFP contract gives the 

contractor maximum incentive to control costs and perform effectively 

and imposes a minimum administrative burden on the government. 

An FFP contract may include an award fee incentive (FAR 16.404) or 

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performance or delivery incentives (FAR 16.402-2 and 16.402-3) when 

the award fee or incentive is based solely on factors other than cost. The 

contract is still an FFP contract when such incentives are used. FFP 

contracts are suitable under the following conditions: 

• Price competition is adequate. 

• The prices of previous purchases of the same or similar supplies 

or services—made on a competitive basis or supported by 

valid cost or pricing data—are available. 

• Available cost or pricing information permits realistic estimates 

of the probable costs of performance. 

• Performance uncertainties can be identified, reasonable 

estimates of their cost impacts can be made, and the contractor 

is willing to accept an FFP contract, along with the associated 

assumption of the risks involved. 

(Construction contracting is generally executed using FFP contracts 

FAR 36.207). 

Cost-Reimbursement Contracts

In contingency environments, CCOs generally do not execute 

cost-type efforts as often as FFP efforts. These contracts, as stated in 

FAR subpart 16.3, include an estimate of total cost for the purpose of 

obligating funds and establishing a ceiling that the contractor cannot 

exceed (except at its own risk) without the approval of the contracting 

officer. Cost-reimbursement contracts generally are labor intensive and 

require additional scrutiny of the contractor’s cost accounting system; 

however, they have their purpose. CCOs should use this type of contract 

only when uncertainties in contract performance do not permit costs 

to be estimated with sufficient accuracy to justify the use of any type 

of fixed-price contract. Consequently, this type of contract generally 

entails larger dollar values, more complex requirements, and external 

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support. Cost-reimbursement contracts also are limited by mandatory 

contractor certification and accreditation requirements: they must have 

a certified cost accounting system and a certified purchasing system 

in order to be awarded a cost-reimbursement contract. The Defense 

Contract Audit Agency (DCAA) and Defense Contract Management 

Agency (DCMA) are the certification authorities for these systems, 

respectively.39

Time & Materials and Labor Hour Contracts (T&M and LH 

Contracts)

CCOs are least likely to execute this type of contract. They require 

a D&F (approved by the head of an agency) from the CCO that no 

other contract type is suitable, and the contract includes a ceiling price 

that the contractor exceeds at its own risk (FAR 16.601). As described 

in FAR subpart 16.6, under a T&M or an LH contract, the contractor 

agrees to provide its best efforts to accomplish a specific requirement 

for services at predetermined hourly rates for the categories of labor to 

be performed. In T&M contracts, but not LH contracts, the contractor 

is reimbursed for the actual costs of any materials or other direct costs 

required to perform the work. T&M and LH contracts call for periodic 

payments for the actual labor performed, using the labor category rates 

in the contract, which include all direct labor, associated indirect costs, 

and an amount for profit. In addition, to the extent that materials or 

other direct costs are incurred in providing the services, the contractor 

is reimbursed at actual cost, up to the ceiling amount noted in the 

contract or order. T&M and LH contracts can be particularly useful 

and appropriate in contingency contracting situations when the need 

for services is clearly understood but the particular parameters of the 

required labor or materials cannot be definitively established at the time 

of contract award. 

39 See FAR 16.301-3(a)(3) and 7.105(b)(3).

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Indefinite Delivery Contracts 

The three types of indefinite-delivery contracts are definitequantity, indefinite-quantity, and requirements contracts (FAR subpart 

16.5 and DFARS subpart 216.5). These types of contracts can prove 

valuable to CCOs in contingency environments given the potential for 

unknown delivery time and quantities during initial operations. 

Definite-quantity contracts. As described in FAR 16.502, a definitequantity contract provides for the delivery of a definite quantity of 

specific supplies or services for a fixed period, with deliveries or 

performance scheduled at a designated location, time, and date after 

the order is placed. A definite-quantity contract may be used when the 

following can be determined in advance: 

• A definite quantity of supplies or services will be required 

during the contract period. 

• The supplies or services are regularly available or will be 

available after a short lead-time. 

Indefinite-quantity contracts. As described in FAR subpart 16.5

and DFARS subpart 216.5, an indefinite-quantity contract may be used 

when the government cannot predetermine, above a specified minimum, 

the precise quantities of supplies or services that it will require during a 

fixed contract period, so it is inadvisable for the government to commit 

itself to procuring more than a minimum quantity. Such quantity limits 

can be stated as number of units or as dollar values. The contracting 

officer should use an indefinite-quantity contract only if a recurring 

need is anticipated. 

Indefinite-quantity contracts are characterized as follows:

• The contract must require the government to order—and the 

contractor to furnish—at least a stated minimum quantity of 

supplies or services. If an order is placed, the contractor must 

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furnish any additional quantities, not to exceed the stated 

maximum.

• The contracting officer should establish a reasonable maximum 

quantity on the basis of market research, trends on recent 

contracts for similar supplies or services, a survey of potential 

users, or any other rational basis. 

• To ensure that the contract is binding, the minimum quantity 

must be more than a nominal quantity, but it should not exceed 

the amount the government is fairly certain to order. 

• The contract may also specify maximum or minimum 

quantities the government may order under each task order 

or delivery order and the maximum quantity that it may order 

during a specific period. 

Requirements contracts. As described in FAR 16.503, a 

requirements contract is an indefinite-delivery contract that provides 

for filling all of the actual purchase requirements for specific supplies 

or services of designated activities during a specified contract period, 

with deliveries scheduled by the timely placement of orders with the 

contractor. 

The advantages of this type of contract include the following: 

• They have the flexibility to support deployment without the 

financial risk and administrative burden that an indefinitedelivery contract imposes. The activity orders only the needed 

supplies or services when they are needed and pays only upon 

acceptance. Funds are obligated only when the government 

issues a delivery order against the contract.

• The contract price can be on the basis of an FFP or costreimbursement determination. The agreed-upon prices can be 

derived from catalog or market prices. 

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• If the government no longer requires the supplies or services 

covered by the contract, the contractor has the burden of 

proving whether additional compensation is warranted. 

The maximum and minimum order quantity limitations are 

included in the original contract. The better the customer 

defines its needs up front, the better the resulting competition 

and prices. 

• The CCO should perform a spend analysis of known 

requirements to determine the categories of supplies and 

services that might be suitable for a centralized contract. 

One approach would be reviewing the number of simplified 

acquisition actions for the same items. 

Letter contracts and undefinitized contract actions. As described 

in DFARS 217.74, undefinitized contract actions (UCAs) are any 

contract actions for which the contract terms, specifications, or prices 

are not agreed upon before performance begins. Examples include 

letter contracts, basic ordering agreements, and provisioned item 

orders when the price is not agreed upon before performance begins. 

The CCO should be mindful of local policy and procedures that may 

provide additional information on letter contracts. For example, in the 

September 2014 version of the U.S. Central Command Joint Theater 

Support Contracting Command (C-JTSCC) AI, letter contracts were not 

authorized for the designated area of operations.

Contract Type Selection and Risk Assessment

The CCO decides on the type of contract to use depending on 

the facts surrounding the individual acquisition. The objective is to 

select the contract type that places a reasonable degree of risk on the 

contractor and gives it the greatest incentive to perform efficiently and 

economically. The CCO must consider the factors in FAR 16.104 as 

well as the stability, complexity, and predictability of the requirement, 

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specificity of the work description, records of the available contractors, 

and general acquisition environment. The CCO must document in the 

contract file the rationale for the contract type selected. 

Commerciality of the requirement. As described in FAR 12.207, 

when acquiring a commercial item, the CCO should consider a number 

of factors, including the following:

• Most often, the CCO must use an FFP contract or fixed-price 

contract with an economic price adjustment (FAR 12.207(a)).

• To protect the government’s interests, the CCO should assess 

each purchase of commercial items and services to determine 

whether to use a unilateral or bilateral contractual instrument.

• The CCO may use a T&M or LH contract under certain 

circumstances if the determination is made that no other 

authorized contract type is suitable (FAR 12.207(b)).

When assessing unilateral and bilateral options, the CCO should 

consider factors such as the following:

• Business and cultural environment. Commercial practices 

vary among countries. Market research can clarify the risk 

associated with local commercial practices and the protection 

required to maintain the government’s interests (FAR 

10.002(b)).

• Nature of the requirement and impact on the mission. 

A unilateral purchase order is an offer by the government 

to a contractor. The contractor is not obligated to perform. 

A binding agreement is created when the contractor begins 

performance. A bilateral signature makes the agreement 

binding for both parties (FAR 13.004(b)).

• Order amount, contractor financial capabilities, and 

potential impact on mission (if order is not filled).

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Acquisition method. As described in FAR 16.102 and DFARS 

216.104-70, the acquisition method selected for a particular acquisition 

can limit the available choice of contract type as follows:

• Simplified acquisition. When using SAP, purchase orders are 

normally FFP. 

• Unpriced orders. Pursuant to FAR 13.302-2, unpriced 

purchase orders can be used in certain situations when it is 

impossible for the CCO to obtain firm pricing before issuing 

the purchase order. Whenever the CCO uses an unpriced order, 

it must include a dollar limit on the government’s obligation, 

and the contracting officer must follow up to ensure timely 

pricing. 

• Negotiation. When using the negotiation procedures 

prescribed in FAR part 15, the CCO may use any contract 

type (or combination of contract types) that promotes the best 

interests of the government, so long as the specific limitations 

in FAR part 16 are met. CCOs must only use authorized 

contract types in accordance with the FAR and respective 

FAR supplements or authorized by agency regulation or a FAR 

deviation. Negotiation is a common method of doing business 

in the world, and the CCO should understand the appropriate 

contract type for the respective negotiation.

• Cost risk. CCOs should assess cost risk and the possible 

monetary loss or gain with regard to contractor performance. 

The cost risk element is considered when negotiating a fair 

and reasonable price and when determining the appropriate 

contract type to use. Requiring contractors to accept unknown 

or uncontrollable cost risk can endanger contract performance, 

substantially reduce competition, or substantially increase 

contract price. To realistically choose the proper contract type 

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to meet a specific contract situation, CCOs must consider the 

proper allocation of cost risk. (See FAR 16.103.) 

• Performance risk. Most contract cost risk is related to 

contract requirements and the uncertainty surrounding 

contract performance—the lower the uncertainty is, the 

lower the risk. Therefore, the appraisal of cost risk should 

begin with an appraisal of performance risk. For larger, more 

complex contracts, the CCO likely will need assistance from 

other members of the government acquisition team (such as 

representatives from the requiring activity, engineering staff, 

contracting, and program or project management). Relevant 

considerations include the following:

o Stability or clarity of the contract specifications or statement 

of work

o Type and complexity of the item or service being purchased 

o Availability of historical pricing data 

o Previous experience in providing required supplies 

or services 

o Urgency of the requirement 

o Contractor technical capability and financial responsibility 

o Extent and nature of proposed subcontracting. 

• Market risk. Changes in the marketplace affect contract 

costs. Preferred acquisition practice calls for forward pricing 

of contract efforts because it provides a baseline the CCO and 

contractor can use to measure cost or price performance against 

contract effort. Forward pricing requires the contracting parties 

to make assumptions about future changes in the marketplace. 

A volatile market increases the cost risk involved in contract 

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pricing, particularly when the contract period extends several 

years. What will material and labor cost years from now? Will 

material shortages occur years from now? If these unknown 

costs are significant, the length of the contract becomes an 

important consideration in the selection of contract type. A 

fixed-price contract with an economic price adjustment is 

designed specifically to reduce this market risk for contractors.

Determinations and Findings

Definition. As described in FAR 1.701, a D&F is a special form of 

written approval by an authorized official that is required by statute 

or regulation as a prerequisite to taking certain contract actions. The 

determination is a conclusion or decision supported by the findings, 

which are statements of fact or rationale that are essential to support 

the determination and must cover each requirement of the statute or 

regulation. 

General. As described in FAR 1.702, a D&F ordinarily is for an 

individual contract action. Unless otherwise prohibited, class D&Fs 

may be executed for classes of contract actions (FAR 1.703). The 

approval granted by a D&F is restricted to the proposed contract 

action, as reasonably described in that D&F. D&Fs may provide a 

reasonable degree of flexibility. Furthermore, in the application of 

D&Fs, reasonable variations in estimated quantities or prices are 

permitted unless the D&F specifies otherwise. 

Some of the more common general D&Fs address type of contracting 

action, exercising of an option, extension of period of performance, 

and ratification. When an option is anticipated, the D&F states the 

approximate quantity to be awarded initially and the level of the 

increase permitted by the option. (Sample D&Fs are available on the 

Defense Contingency Contracting Handbook website.)

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Class D&F. As described in FAR 1.703, CCOs must be aware of any 

class D&Fs for their area of responsibility (AOR). A class D&F provides 

authority for a class of contract actions. A class may consist of contract 

actions for the same or related supplies or services (or other contract 

actions that require essentially identical justification). 

Important D&F considerations include the following:

• The findings in a class D&F must fully support the proposed 

action, either for the class as a whole or for each action. A class 

D&F is for a specified period, with the expiration date stated 

in the document. 

• The contracting officer ensures that individual actions taken 

pursuant to the authority of a class D&F fall within the scope 

of the D&F. 

• Expiration dates are required for class D&Fs and are optional 

for individual D&Fs. (See FAR 1.706 for more information on 

D&F expiration dates, and see FAR 1.704 for D&F content.)

Supersession and modification. As described in FAR 1.705, D&Fs 

function as follows:

• If a D&F is superseded by another D&F, that action does not 

render invalid any action taken under the original D&F before 

the date on which it was superseded. 

• The contracting officer does not need to cancel a solicitation if 

the D&F, as modified, supports the contract action. 

Signatory authority. As described in FAR 1.707, when a D&F is 

required, the appropriate official signs it in accordance with agency 

regulations. Authority to sign (or delegate signature authority for D&Fs) 

is specified in the applicable parts of the FAR. 

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Justifications and Approvals

Justification and approval (J&A) for other than full and open 

competition. When using procedures other than those for full and 

open competition, the contracting officer must complete a thorough 

written justification in accordance with FAR 6.303, explaining the 

reasons for proceeding with the award of a contract without full 

and open competition. The CCO must also ensure that a fair and 

reasonable price is achieved. This justification must be approved by the 

approval authorities, as specified in FAR 6.304, within established J&A 

thresholds. The CCO should be familiar with the deployed agency’s 

thresholds and should know when legal review of the J&A is required. 

Further, legal can provide interpretations before contract action review 

to ensure any decision to restrict competition is legally sufficient. 

New contracts and modifications are exempt from the requirements 

in FAR part 6 (if the requirements in FAR 13.501 apply), but CCOs 

must still prepare sole-source justifications for sole-source (including 

brand-name) acquisitions or portions of an acquisition requiring a 

brand-name. Documentation requirements apply to cases where only 

one source is solicited, and the use of the format of J&As is required 

for FAR subpart 13.5 procurements where only one source is solicited.

Exceptions apply to contract actions or modifications that are not 

exempt from the requirements for full and open competition. The most 

commonly used exception in a deployed environment is unusual and 

compelling urgency. The CCO must be familiar with the complete list 

of FAR exceptions, noted as follows in FAR 6.302: 

• Only one responsible source (sole source) and no other supplies 

or services will satisfy agency requirements (FAR 6.302-1). 

• The unusual and compelling urgency (see FAR 6.302-2) 

authority is when an unusual and compelling urgency precludes 

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full and open competition and a delay in contract award would 

result in serious financial hardship or injury to the government. 

CCOs should note (1) unusual and compelling requirements 

are not to be confused with sole-source requirements (FAR 

6.301 (c)(1)), and (2) CCOs are warned against contracting 

without providing for full and open competition because of a 

lack of advance planning by the requiring activity or because 

of concerns related to the level of funds available (for example, 

expiring funds).

• Industrial mobilization; engineering, developmental, or 

research capability; or expert services (FAR 6.302-3).

• International agreement (FAR 6.302-4). 

• Statutory authorization or requirement (FAR 6.302-5). 

• National security (FAR 6.302-6).

• Public interest (FAR 6.302-7).

When unusual and compelling urgency is the basis for using 

procedures other than those for full and open competition, the written 

J&A may be made after contract award if the preparation and approval 

of the J&A before award would unreasonably delay the acquisition 

(FAR 6.302-2(c)(1)). Contracts awarded under this circumstance should 

include an appropriately limited period of performance, with followon contracts awarded on the basis of full and open competition or the 

submission of cost or pricing data for sole-source awards. 

Class J&As. As prescribed in FAR 6.303-1(d), class justifications 

and international agreement competitive restriction (IACR) documents 

may be used in certain circumstances. For example, they may be used 

when citing similar justification authority for a group of related contract 

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actions for the same or related supplies or services. Information that 

is the same for multiple contracts need not be restated for each. CCOs 

must be aware of the class J&As and IACRs for their AORs.

Lease or Buy

Pursuant to FAR subpart 7.4, CCOs should decide whether to lease 

or purchase equipment on the basis of a case-by-case evaluation of 

comparative costs and other factors. At a minimum, CCOs should 

consider the following (in addition to applying 10 United States Code 

(U.S.C.) Section 2401 statutory authorization requirements to the 

lease of a vessel, aircraft, combat vehicle or commercial vehicle, and 

associated equipment):

• Estimated period the equipment will be used and the extent of 

use during that period

• Financial and operating advantages of alternative types and 

makes of equipment

• Cumulative rental payments for the estimated period of use

• Net purchase price

• Transportation and installation costs

• Maintenance and other service costs

• Potential obsolescence of the equipment because of imminent 

technological improvements.

The CCO should consider the following additional factors, as 

appropriate, depending on the type, cost, complexity, and estimated 

period of use of the equipment:

• Availability of purchase options

• Potential for use of the equipment by other agencies after its 

use by the acquiring agency 

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• Trade-in or salvage value

• Imputed interest

• Availability of a servicing capability (the ability of the 

equipment to be serviced by the government or other sources if 

purchased), especially for highly complex equipment.

Leases—either capital or operating—should be funded in 

accordance with DoD Financial Management Regulation (FMR) 

7000.14-R. Procurement funds are used for capital leases, which are 

essentially installment purchases of property. If a lease is justified, a 

lease with option to purchase is the preferred acquisition method (FAR 

7.402(b)(2)).

Publicizing Contract Actions

Publication of contract actions. Pursuant to FAR 5.002, contracting 

officers are required to publicize contract actions to increase competition 

unless the contracting officer determines that an exception applies 

pursuant to FAR 5.202(a). The contracting officer’s determination must 

be filed accordingly. To publicize contract actions, CCOs should at least 

post in a public place a notice of all unclassified solicitations for goods 

and services to support the contingency operation. 

Synopsis of requirements in FedBizOpps. A CCO can unilaterally 

determine that a particular requirement does not need to be synopsized 

in FedBizOpps under 14 specific exceptions (FAR 5.202(a)). In a 

contingency or humanitarian situation, the most commonly used 

exception applies when the proposed action will be made and performed 

outside the United States and its outlying areas and only local sources 

will be solicited. However, the CCO should carefully consider whether 

one of the other exceptions might apply to the proposed action before 

proceeding with a synopsis. Local contracting organization policies 

might require some form of posting or prior notification to potential 

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offerors or bidders, even if the proposed action does not require a 

synopsis in FedBizOpps. 

Synopsizing using the Joint Contingency & Expeditionary 

Services. If the JCXS is operational in the respective area of operations, 

the Joint Contingency Contracting System (JCCS) application within 

JCXS can be used to publicize requirements. CCOs should consult 

senior contracting leadership for the proper e-business systems to 

use for synopsizing (and soliciting) requirements in contingency 

environments in a designated AOR. See the CBE Guidebook for more 

information on JCXS.

Oral solicitations. Oral solicitations or verbal requests for proposals 

(RFPs) can be of value in contingency environments, especially at 

the onset; however, they are rare. Oral solicitations are authorized 

when a written solicitation would delay the acquisition of supplies or 

services—such as perishable items, support of contingency operations, 

or other emergency needs—to the detriment of the government, and 

a solicitation notice is not required under FAR 5.202. This technique 

does not excuse the CCO from complying with all other statutory and 

regulatory requirements. Oral solicitations are typically a last resort 

because of potential associated problems, and they require immediate 

follow-up in writing. CCO documentation also must provide a sufficient 

rationale for the use of an oral solicitation. 

The contract file must include the following: 

• Justification for use of an oral solicitation 

• Item description, quantity, and delivery schedule 

• Sources solicited, including the date, time, name of the person 

contacted, and prices quoted 

• Solicitation number provided to prospective offerors. 

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Once the CCO completes the oral solicitation and selects an offeror, 

a contract is prepared as quickly as possible for the contractor’s 

signature. Delay might require further explanation in the contract file 

that describes the rationale for failing to take prompt action. Sample 

contract formats, electronic prepopulated forms, and electronic copies 

of the required clauses in the contingency contracting support kit 

accelerate the contracting documentation process. 

Domestic Source Restrictions

Foreign acquisitions. FAR part 25 and DFARS part 225 establish 

regulations implementing the Buy American Statute, Balance of 

Payments Program, and Trade Agreements Act. 

Buy American Statute. The Buy American Statute restricts 

the purchase of supplies that are not domestic end products for use 

in the United States. The Buy American Statute does not apply to 

articles, materials, and supplies for use outside of the United States, its 

possessions, Puerto Rico, and other sites subject to its jurisdiction (FAR 

25.001(a)(1)). A foreign end product may be purchased if the contracting 

officer determines that the price of the lowest-cost domestic offer is 

unreasonable. In view of this exception, most overseas acquisitions 

to support a foreign contingency operation are not subject to the Buy 

American Statute and the implementing regulations at FAR subparts 

25.1 and 25.2. 

Balance of Payments Program. This program applies to purchases 

of supplies or construction for use outside of the United States. The 

program institutes a preference for domestic (U.S.-made) products 

and construction materials. Exceptions to the program are specified 

in DFARS 225.75. A foreign end product may be acquired for use 

outside of the United States—or a foreign construction material may 

be used in construction outside of the United States—without regard 

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to the restrictions of the Balance of Payments Program if the following 

conditions are met:

• The estimated cost of the end product does not exceed the SAT.

• The end product or construction material is listed at FAR 

25.104, or the head of the contracting activity (HCA) determines 

that the requirement (1) can only be filled by a foreign end 

product or construction material (FAR 25.103(b)); (2) is for end 

products or construction materials that, by their nature or as a 

practical matter, can be acquired only in the geographic area 

concerned (such as ice or bulk material such as sand, gravel, 

or other soil material; stone; concrete masonry units; or fired 

brick); or (3) is for perishable subsistence products and delivery 

from the United States would significantly impair their quality 

at the point of consumption.

• The acquisition of foreign end products is required by a treaty 

or executive agreement between governments or laws passed 

supporting buy local first programs.

• The end products are petroleum products or products for 

commissary resale.

• The end products are eligible products subject to the Trade 

Agreements Act, North American Free Trade Agreement 

(NAFTA), or Israeli Trade Act, or the construction material is 

subject to the Trade Agreements Act or NAFTA.

• The cost of the domestic end product or construction material 

(including transportation and handling costs) exceeds the cost 

of the foreign end product or construction material by more 

than 50 percent.

• The head of the agency has determined that it is not in the 

public interest to apply the restrictions of the Balance of 

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Payments Program to the end product or construction material 

or that it is impracticable to apply the restrictions of the 

Balance of Payments Program to the construction material. 

Trade Agreements Act. The Trade Agreements Act (19 U.S.C. 

2501 et seq. and FAR subpart 25.4) authorizes the president to waive 

the Buy American Statute and other discriminatory provisions for 

eligible products from countries that have signed an international 

trade agreement with the United States or that meet certain other 

criteria, such as having least-developed-nation status. The president has 

delegated this waiver authority to the U.S. trade representative.

FAR 25.401 lists all designated countries to which the Trade 

Agreements Act applies. The Trade Agreements Act does not apply to 

the following: 

• Purchases of supplies below the dollar threshold established by 

the U.S. trade representative (FAR 25.402(b))

• Purchases of arms, ammunition, or war materiel

• Construction contracts valued at less than established dollar 

threshold

• Some service contracts (FAR 25.403(c))

• Purchase from foreign sources that is restricted by the DoD 

Annual Appropriations or Authorization Act. (DFARS 

225.401-70 identifies all products to which the act applies.)

Berry Amendment. As required in DFARS 225.7002, CCOs must 

comply with the Berry Amendment. Unless a specific exception in 

law applies, the following products, components, or materials must be 

grown, reprocessed, reused, or produced wholly in the United States 

if they are purchased with funds made available (but not necessarily 

appropriated) to DoD (DFARS clause 252.225-7012):

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• Food

• Clothing and the materials and components thereof, other than 

sensors, electronics, or other items added to, and not normally 

associated with, them40 

• Tents and structural components of tents, tarpaulins, or covers 

• Cotton and other natural fiber products

• Woven silk or woven silk blends

• Spun silk yarn for cartridge cloth

• Synthetic fabric, and coated synthetic fabric, including all 

textile fibers and yarns that are for use in such fabrics

• Canvas products

• Wool (whether in the form of fiber or yarn or contained in 

fabrics, materials, or manufactured articles)

• Any item of individual equipment (Federal Supply Class 8465) 

manufactured from or containing the fibers, yarns, fabrics, or 

materials listed here.

DFARS 225.7002-2 explains Berry Amendment exceptions, several 

of which may apply in a deployed environment. 

The DFARS clauses pertaining to the Berry Amendment must 

be included in DoD solicitations, such as invitations for bids (IFBs) 

or RFPs, and DoD contracts. If the cited clause is included in a 

solicitation or contract, the Berry Amendment restrictions apply to that 

procurement. FAR subpart 25.5 provides comprehensive procedures for 

offer evaluation and examples.

40 Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, 

handwear, belts, badges, and insignia.

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Other Unique Contracting Considerations

Synchronized Predeployment and Operational Tracker 

(SPOT). SPOT is the U.S. Government system of record for contractor 

and contractor personnel accountability and visibility. CCOs must 

understand their duties pertaining to SPOT and must ensure the 

contractor understands their SPOT obligations. This helps ensure 

contractor accountability in theater, extremely important to mission 

success. Per DFARS clause 252.225-7040(g), SPOT is mandated for 

all contractors authorized to accompany the forces (CAAF) serving 

in a declared contingency or humanitarian or peacekeeping operation 

(or in other military operations or exercises) when designated by the 

combatant commander. CAAF may include U.S. citizens, U.S. legal 

aliens, third-country nationals, local nationals who reside with U.S. 

forces, and others as required by each combatant command (CCMD). 

Additional information on SPOT, including information and supporting 

systems under the SPOT–Enterprise Suite (SPOT-ES), authorities, 

policies, business rules, and training, is available at the SPOT website. 

CCOs should know this website and the SPOT-ES. CCOs should enforce 

compliance with SPOT business rules found in DoD Business Rules for 

the Synchronized Predeployment and Operational Tracker (SPOT).

Theater business clearance (TBC) and contract administration 

delegation (CAD). TBC/CAD is an acquisition support process 

designed to give joint force commanders (JFCs) and senior contracting 

leadership visibility over all contracts and contractors performing 

work in their AORs. TBC/CAD is a clearance process that ensures 

theater-specific mandatory and unique requirements are included in 

solicitations (and therefore contractor proposals) and contracts at the 

pre-award and award phases. CAD allows the CCDR to control the 

assignment of contract administration for the portion of contracted 

effort that relates to performance in, or delivery to, designated 

operational areas. It also allows the CCDR to oversee contractor 

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compliance with directed policies. CCOs should understand the role the 

CCMD Operational Contract Support Integration Cell (OCSIC) plays in 

planning, developing, and coordinating TBC implementing guidance if 

TBC measures are directed. CCOs should determine before deployment 

whether a formal TBC/CAD process has been established and, if so, 

work to fully understand the requirements and ensure they are executed 

properly. See Joint Publication (JP) 4-10 for more information. 

Defense Base Act (DBA) insurance. DBA insurance is required 

in solicitations and contracts when the Defense Base Act applies (FAR 

28.305), and (1) the contract will be a public-work contract performed 

outside the United States, or (2) the contract will be approved or 

financed under the Foreign Assistance Act of 1961 (Pub. L. 87-195) 

and is not excluded by FAR 28.305(b)(2), regardless whether the 

personnel performing those services have CAAF status. In addition, 

before personnel with CAAF status can deploy, the DBA insurance 

information block in SPOT must include a valid policy or binder 

number. Contractors are not authorized to perform U.S. Government 

contracts without the proper insurance. (Additional information 

on DBA is available at the Department of Labor’s Defense Base 

Compensation web page.) 

Payment Information

Wide Area Workflow (WAWF) eBusiness Suite. The WAWF 

suite is a secure, web-based system for government contractors and 

authorized DoD users for generating, capturing, and processing 

receipt and payment documents. WAWF has many different resident 

applications, including the Contracting Officer Representative Tracking 

(CORT) Tool, Electronic Document Access (EDA) application, and 

iRAPT (an invoicing, receipt, and property transfer application, which 

allows the government to assign many different roles and establish an 

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acceptance and invoice routing method). WAWF enables electronic 

submission of contractor invoices, as well as government inspection and 

acceptance documents (DFARS 232.7002). 

CCOs must check local policy and procedures at the deployed 

location pertaining to the submission and processing of payment 

requests, and the use of electronic tools (like WAWF) to support such 

actions. See DFARS subpart 232.70 for additional information.

Payment in local currency. As described in FAR 25.1002, CCOs 

must determine whether the respective contract requires local currency 

or U.S. currency, unless an international agreement or the World Trade 

Organization (WTO) Government Procurement Agreement (GPA) 

requires a specific currency. For currency conversions, CCOs can use 

the Currency Converter. This help them ensure adequate funds are 

available to cover currency fluctuations to avoid a violation of the AntiDeficiency Act (31 U.S.C. 1341, 1342, 1511–1519) when the contract 

is priced in foreign currency. Using electronic funds transfer (EFT) 

when paying vendors and contractors is a preferred practice. Currency 

exchange rates are available from the local finance office or the Bureau 

of the Fiscal Service website.

Contingency contracting officer currency declaration. As noted 

in FAR 25.1002, the contracting officer has the authority to determine 

whether the contract will be priced in U.S. dollars or the local currency. 

CCOs must include in the contract the exchange rate to be used for 

converting the contract price from U.S. dollars to the local currency—

even in austere environments. (For example, see DFARS 232.72.)

One of the CCO’s functions is to help stabilize the local economy. 

An influx of U.S. dollars often works against this goal by devaluing the 

local currency. Before placing overseas contracts in U.S. dollars, the 

CCO should discuss the subject with the embassy, host nation liaison 

office, staff judge advocate, and accounting and finance office.

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Choice of law. Per DFARS 233.215-70, each contract awarded in a 

foreign country in support of a contingency operation should contain a 

contract clause stating that U.S. laws apply to the contract, the contract 

will be interpreted in accordance with U.S. laws, and all disputes under 

the contract will be handled in accordance with the disputes clause of 

the contract. 

Pre-Award Determinations and Memorandums

Negotiating practices. Much of the business conducted by 

contractors overseas is accomplished through negotiation. When setting 

the price of an item, CCOs should keep in mind that the first price quoted 

is usually only a starting position for negotiations. CCOs who deal with 

foreign contractors know that most of them can be shrewd negotiators. 

CCOs should consider negotiating for lower prices as a normal and 

necessary business practice. For supplies, services, and construction, 

experience has shown that prices drop dramatically when discussions 

are initiated with an offeror. The CCO’s bargaining position is enhanced 

when the product or service is available elsewhere or the requirement is 

not urgently needed. However, if the reverse is true—and the contractor 

is aware that the product or service is unavailable or the requirement is 

urgent—the CCO may be hard pressed to negotiate a better deal.

Price negotiation memorandum. The business culture in most 

deployed locations relies on price negotiations. CCOs should emphasize 

price negotiations, even if competition exists, at sustained or established 

locations. In awarding negotiated contracts, contracting officers should 

always engage in aggressive negotiations on the basis of renegotiation 

objectives (FAR 15.405). All negotiation results must be documented 

in a price negotiation memorandum (PNM) and properly filed (FAR 

15.406-3).

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Certified cost or pricing data. The award of any negotiated contract 

(or the modification of any contract) that exceeds $700,000 requires the 

contractor to submit certified cost or pricing data unless one of the 

exemptions to the requirement for certified cost or pricing data applies 

(FAR 15.403-4(a)(1)). The CCO can seek a waiver if it has a reasonable 

basis. When the certificate of cost or pricing data is required, offerors 

must complete the certificate form available at FAR 15.403-4(b)(2).

Per FAR 15.403-1(b), contracting officers are not required to 

obtain certified cost or pricing data from offerors under the following 

conditions: 

• Acquisition is at or below the SAT.

• Prices are on the basis of adequate price competition (two or 

more responsible offerors responded). 

• Commercial items are being acquired. 

• A contract or subcontract for commercial items is being 

modified.

• Prices are set by law or regulation. 

• A waiver has been obtained (only for contracts in excess of 

$700,000). 

Independent government estimate (IGE). A key part of price 

determination, IGEs generally are used for commercial items, supplies, 

equipment, and simple services routinely available on the open market 

at competitive prices. They help ensure the government has thought 

through the acquisition requirements and cost elements before award. 

Price or cost estimates are required for all contracts anticipated to 

exceed the SAT and must be independently developed, on the basis 

of a comparison and analysis of factors such as historical prices paid 

and market survey information. The IGE usually is developed by the 

requiring unit and is used to establish a realistic price or cost. The 

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IGE is also a critical component of negotiation and formulating the 

government’s negotiation position. IGEs ultimately help in negotiating 

a fair and reasonable price. Ensure your customer understands the 

importance of establishing pricing with proper research. The customer 

owns the requirements and therefore must provide an IGE to support 

your effort to provide the best value to the government and taxpayer. 

Responsible prospective contractor and vendor vetting. Per FAR 

9.103(a), contracts may be awarded only to responsible prospective 

contractors. A responsible contractor is an entity that meets the criteria 

in FAR 9.104-1. The CCO is responsible for researching a contractor 

and determining whether it is responsible. Prospective contractors must 

be registered in the System for Award Management (SAM) database 

before award of a contract or agreement, unless one of the exceptions at 

FAR 4.1102 applies (for contracts awarded by deployed CCOs in support 

of contingency or humanitarian or peacekeeping operations). The 

Contractor Performance Assessment Reporting System (CPARS) and 

the Federal Awardee Performance and Integrity Information System 

(FAPIIS) can aid the CCO in researching contractor responsibility. 

Also, approved host nation business advisors can render valuable insight 

into responsible local vendors. The CCO, through the appropriate chain 

of command, can work with the HCA, the local embassy, and the State 

Department to establish a responsible local vendor base. The following 

general standards apply: 

• Adequate financial resources (or the ability to obtain them) 

needed to perform contract work (FAR 9.104-1(a)).

• Ability to comply with the delivery schedule (FAR 9.104-1(b)).

• Satisfactory performance record (FAR 9.104-1(c)). Additional 

information on contractor performance records and evaluation 

of such information can be found at FAR 9.104-3(b) and FAR 

subpart 42.15. CCOs should note that contractor responsibility 

shall not be determined solely on the basis of a lack of relevant 

performance history, except as provided in FAR 9.104-2.

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• Satisfactory record of integrity and business ethics (FAR 

9.1041(d)).

• Necessary organization, experience, accounting, operational 

controls, and technical skills required to perform contract 

work (FAR 9.104-1(e)).

• Necessary production, construction, and technical equipment 

(or the ability to obtain them) (FAR 9.104-1(f)).

• Eligibility to receive the award (FAR 9.104-1(g)).

• Lack of contractor insurance and other protections, including 

any necessary reinsurance agreements, can negatively impact 

contract execution in the designated area of operations. 

The CCO must be familiar with agency vendor vetting procedures 

for the theater of operations supported. Local AIs and SOPs, if 

and when developed, normally provide specific procedures for 

determining whether prospective contractors are responsible and 

have been adequately vetted, validated, and approved. For example, 

in Afghanistan, the C-JTSCC SOP subpart 5104.200 provides specific 

vendor vetting and installation access procedures. The SOP also directs 

the use of the JCCS to record vendor registrations and assign risk 

ratings. CCOs should discuss vendor vetting with senior contracting 

leadership if no established SOP or AI contains tailored information for 

the respective AOR. 

Check for excluded, debarred, and restricted sources. CCOs 

must check the Excluded Parties List System (EPLS), a function of the 

SAM system, for exclusions before opening proposals or bids and again 

before award. CCOs should also check the “Identified Enemies List,” 

as required by the National Defense Authorization Act (NDAA) FY12 

(Section 841) and NDAA FY14 (Section 831). If Internet connectivity is 

down, CCOs can contact the nearest embassy or contracting activity for 

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assistance. Also, CCOs should ensure local vendor vetting procedures 

are followed, if developed, and e-business tools, like JCXS, are used 

pursuant to DoD regulations and local AIs or SOPs. 

Protect your contractors. CCOs are responsible for safeguarding 

contractor information. In some cases, the safety of contractor personnel 

depends on you and your vigilance to keep their information safe. 

In certain deployed locations, CCOs must not advertise contractors 

that have won awards, including e-mail address, physical address, 

and names of employees. Upon arrival in the AOR, the CCO will be 

informed whether these strict information safeguards apply to the 

deployed location.

Host-nation-first programs. Host-nation-first programs leverage 

contracting resources to promote economic expansion, employment, 

and skills development for indigenous populations. CCOs must 

understand the specifics of the host-nation-first program if active in 

the respective operational area, whether the program allows for direct 

award to local vendors, the use of socioeconomic information—where 

the winning contractors must maximize the employment, training, and 

transfer of knowledge, skills, and abilities to the local workforce—or 

some other allowance, as part of the source selection process. This 

is part of the campaign for building trust and establishing habitual 

relationships, and it is a valuable counter-insurgency strategy that can 

be used worldwide. The CCO should determine whether such a program 

has been established in the AOR. For example, DFARS 225.7703

allows for enhanced authority to acquire products or services from 

Afghanistan. 

DFARS Procedures Guidance and Instruction (PGI) 225.7703

provides acquisition procedures and D&F requirements for use when 

using the AFI enhanced authority. CCOs should become familiar with 

local AIs and SOPs to determine whether country-first programs are in 

place for the designated area of operations. 

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Contract Forms

Contractual instruments for contingency. Most contingency 

requirements can be met by using SAP, such as manual or electronic 

versions of SF 44, “Purchase Order-Invoice-Voucher” or the 3in1 

Tool; DD Form 1155, “Order for Supplies and Services;” SF 1449, 

“Solicitation/Contract/Order for Commercial Items”; blanket purchase 

agreements (BPAs); and the GCPC (DFARS 253.213).

SF 44. SF 44, described in FAR 13.306 and DFARS 253.213, is a 

pocket-sized purchase order form designed primarily for on-the-spot, 

over-the-counter purchases of supplies and non-personal services. SF 

44 can be used as a purchase order, receiving report, invoice, and public 

voucher. Because SF 44 contains no written terms and conditions, its 

use is authorized only when no other simplified acquisition method is 

more economical or efficient and all of the following conditions are met: 

• The supplies or services are immediately available. 

• One delivery and one payment are to be made. 

• The amount of the purchase is at or below the micro-purchase 

threshold.41

Also, if an item is below the micro-purchase threshold for a 

contingency operation, a competitive procurement is not needed. 

The 3in1 Tool. The handheld 3in1 Tool automates the SF 44 execution 

and clearing process. 3in1 records and electronically transmits purchase, 

receipt, and payment information to a central database for automated 

clearing of orders and gives the CCO visibility into remote purchases 

for oversight and analysis. 3in1 delivers an easy-to-use technology 

to execute immediate, off-the-shelf field purchases of supplies and 

services where use of the GCPC is appropriate, but not feasible. The 

3in1 Tool reduces risk to the field team, improves procurement and 

41 Warranted CCOs may use SF 44 for overseas transactions when supporting contingency or 

humanitarian or peacekeeping operations, as defined in FAR 2.101, not to exceed the SAT in 

accordance with DFARS 218.201(6).

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cash management in the field, and renders the payments and purchases 

immediately visible. (See the Joint Contracting and Contingency 

Services website and the CBE Guidebook for additional information on 

the 3in1 Tool and quick-start steps to get 3in1 up and running in theater.) 

Usage of the 3in1 Tool is mandatory when automating the SF44 

process.42 Pursuant to DFARS 218.272 “Use of electronic business 

tools,” no other electronic tool will be used to fulfill the same 

capabilities as 3in1 when supporting contingency and/or humanitarian 

or peacekeeping operations as defined in FAR 2.101.

DD Form 1155. As described in FAR 13.302, purchase orders are 

self-contained, one-time contracts that typically result in one delivery 

and one payment. When used as a purchase order, DD Form 1155 is 

authorized for purchases that do not exceed the SAT. Vendors are 

solicited orally or in writing. When the item requested is received or 

the requested service is performed, the bottom of the front page may be 

used as a receiving report for the government. 

Contract termination. Contract termination may be for the 

convenience of the government (or for default) under the contract 

clause authorizing the termination. A contract termination includes 

the effective date of termination, extent of termination, and any special 

instructions. It also discusses steps that the contractor should take to 

minimize the impact on personnel if the termination, together with all 

other outstanding terminations, will result in a significant reduction 

in the contractor workforce (FAR 49.601-2(g)) and, if the termination 

notice is by telegram, includes these steps in the confirming letter or 

modification. 

SF 1449. As described in FAR subparts 53.212 and 53.213, the use 

of SF 1449 is required in solicitations and contracts for commercial 

items. SF 1449 is required for the purchase of commercial items that 

exceed the SAT if a paper solicitation or contract is being used and the 

streamlined procedures of FAR 12.693 are not being used. SF 1449

42 Office of the Secretary of Defense, Comptroller memo “DoD 3in1 Tool Contingency Financial 

Management Standard Operating Procedure,” September 24, 2012.

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is encouraged, but is not required, for purchases of commercial items 

that fall below the SAT (FAR 12.204.) Agencies can require additional 

detailed instructions for use of the form to acquire commercial items. 

SF 1449 can also be used to acquire items that fall below the SAT, 

establish BPAs, and issue orders under basic ordering agreements. 

DD Form 1155 or SF 1449 as a task order or delivery order. As 

with the SF 1449, DD Form 1155 can also be used to acquire items 

that fall below the SAT, establish BPAs, and issue orders under basic 

ordering agreements. These forms can be used as a task or delivery 

order against requirements-type contracts. Delivery orders are orders 

for supplies, and task orders are orders for services, both placed against 

an established requirements contract. As exact requirements become 

known, a DD Form 1155 or SF 1449 is sent to the supplier, initiating the 

delivery of supplies or services as specified in the delivery order, subject 

to the terms and conditions of the existing requirements contract.

Table 5-2 summarizes basic contract forms. (See FAR part 53 and 

DFARS part 253 for additional information on contracting forms.)

Blanket Purchase Agreements

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BPAs. As described in FAR 13.303, a BPA is a simplified method 

of filling anticipated repetitive needs for supplies or services by 

establishing charge accounts with qualified sources of supply. 

BPAs have the following characteristics:

• Prepared without a purchase requisition. 

• Prepared and issued on DD Form 1155 or SF 1449.

• Do not cite accounting and appropriation data. 

• Made with firms from which numerous individual purchases 

likely will be made during a given period. For example, 

if experience shows that certain firms are dependable and 

consistently lower in price than other firms dealing in the same 

commodities—and if numerous simplified acquisitions are 

usually made from such suppliers—establishing BPAs with 

those firms is advantageous. 

• Placed concurrently with more than one supplier for items 

of the same type (if practicable). In that instance, all capable 

contractors in the portfolio of BPAs for that service or supply 

must be given a fair opportunity to respond to the government’s 

requirement. 

• Need oversight by the chiefs of contracting office (COCOs) 

to ensure compliance with FAR 13.303. This oversight is 

especially important for decentralized BPAs because they 

carry greater risks, such as splitting of requirements, exceeding 

of spending limits, and unauthorized purchases.

• Need CCO review of the strategy for their use or that of 

a contract. In addition, the CCO should document the 

strategy, ensure all BPA vendors receive a fair share of award 

opportunities, and verify that the prices are fair and reasonable. 

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 Source Selection Process

Figure 5-4 summarizes the source selection process. (See FAR 

subpart 15.3 and the DoD Source Selection Guide for information on 

source selection and procedures.)

Figure 5-4. Source Selection Process

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Source selection procedures and techniques (competitive). As 

described in FAR 15.302 and DFARS 215.3, the objective of a source 

selection is to choose the proposal that represents the best value to 

the government. For competitive contract actions not using SAP, 

source selection procedures must be followed (FAR subpart 15.3), as 

well as applicable Service guidance and procedures. CCOs need to 

know the various review thresholds at their deployed location (such 

as acquisition plan, acquisition strategy, source selection plan, source 

selection authority, solicitation/contract review, other than full and 

open competition, ratification, undefinitized contract actions, and nonDoD contracts and delivery orders). Source selection has the following 

characteristics. 

Best value continuum—lowest price technically acceptable 

(LPTA) and tradeoff processes. Best value can be obtained by using 

any one source selection approach (or a combination of them). The 

relative importance of cost or price varies depending on the acquisition. 

Therefore, the evaluation factors and their relative importance (when 

not using SAP) must be clearly stated in the solicitation and otherwise 

must comply with the requirements of FAR 15.101-1. The perceived 

benefits of a higher-priced proposal must be demonstrated to merit the 

additional cost: (1) the LPTA source selection process is appropriate 

when the expectation is that best value will result from selection of 

the technically acceptable proposal with the lowest evaluated price, 

and (2) the performance price tradeoff (PPT) source selection process 

allows performance as the only tradeoff for price. This process 

permits tradeoffs among cost or price and non-cost factors and allows 

the government to accept other than the lowest-priced proposal. 

The perceived benefits of the higher-priced proposal must merit the 

additional cost, and the rationale for tradeoffs must be documented in 

the file in accordance with FAR 15.406.

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Evaluation factors for award. FAR subpart 15.304 specifies the 

principles associated with crafting sound evaluation factors. Although 

it permits latitude in methods, it clearly states that evaluation factors 

must be qualitative in nature (such as adjectival, colors, or other 

indicators, but not numbers) and must represent the key areas of 

importance for consideration in the source selection process, including 

past performance where applicable. Conversely, when not using SAP 

contracting, authorities may require the use of these elements. 

• Proposal evaluation and discussions. Pursuant to FAR 15.305, 

proposals must be evaluated solely on the evaluation factors 

specified in the solicitation. 

• Source selection decision and documentation. A source 

selection decision (SSD) that adheres to FAR subpart 15.3

must be prepared for all source selections when not using SAP. 

The SSD is composed of the background of the acquisition, 

evaluation criteria, summary of the technical and past 

performance evaluations, and summary of the proposed cost 

or price. 

SAP evaluation and award. Pursuant to FAR 13.003, agencies use 

SAP to the maximum extent practicable for all purchases of supplies 

or services not exceeding the SAT (including purchases at or below the 

micro-purchase threshold). Important points CCOs must consider for 

evaluation and award under SAP are as follows:

• Use the procedures outlined in FAR subpart 13.1 and DFARS 

subpart 213.1. 

• Use your discretion in the evaluation of offers and use the 

procedures in FAR part 14 or 15 as determined practical and 

feasible for the respective acquisition. 

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• Consider all offers or quotations received and evaluate them 

impartially and on the basis established in the solicitation 

manner. 

• Include transportation charges from the shipping point of the 

supplier to the delivery destination.

• Before award, determine that the proposed price is fair and 

reasonable. See FAR 13.106-3(a)(2) for ways the CCO may 

determine price reasonableness when using SAP. 

Streamlined procedures for acquisition of commercial items.

FAR subpart 12.6 allows for optional procedures for (1) streamlined 

evaluation of offers for commercial items and (2) streamlined 

solicitation of offers for commercial items for use where appropriate. 

The FAR states “these procedures are intended to simplify the process 

of preparing and issuing solicitations, and evaluating offers for 

commercial items consistent with customary commercial practices.” 

This can greatly assist in providing expeditious contract support in 

contingency environments. For example, CCOs can use a combined 

synopsis-solicitation, which can reduce the time required to solicit and 

award contracts for the acquisition of commercial items. The procedures 

in FAR 12.602 give the contracting officer flexibility in the evaluation 

of offerors. Contracting officers should make sure to document the 

acquisition decisions and maintain a detailed contract file.

Sealed bidding procedures. As noted in FAR 14.101, sealed 

bidding is a method of contracting that employs competitive bids, public 

opening of bids, and awards. Sealed bidding procedures are rarely used 

in contingency environments. (See FAR part 14 for specific procedures.)

Advance and partial payments. The full spectrum of government 

financing should be considered to facilitate business partnerships in 

any contingency, including progress payments, payments for partial 

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deliveries, performance-based payments, and commercial interim 

payments. Advance payments present the highest risk and are the most 

regulated financing option. These should be used as a last resort—see 

options instead of advance pay in the sections that follow. However, 

their use should not be completely dismissed. An advance-payment 

business strategy (commercial and noncommercial) will consider 

(1) conditions that warrant the request (such as lack of an established 

or robust banking system, unstable commercial environment, or 

hostilities), (2) other financing options (such as progress payments 

or partial payments), (3) tangible risks and mitigation plan, and 

(4) adequate security to protect the government’s interests. Such 

payments can be used for the following purposes: 

• Experimental projects and research and development with 

nonprofit institutions

• Operation of government-owned plants

• Acquisition at cost of facilities for government ownership 

• Classified items and national security 

• Financially weak contractors 

• Vendors when a private loan is not practicable 

• Other exceptional circumstances. 

Real-World Example: A contracting officer paid a foreign contractor advance pay in the 

amount of $400,000 before the start of a minor construction contract. There was a critical need 

for the project to begin, so the CCO agreed to advance payment after the contractor gave his 

word that the contractor would mobilize and begin work immediately. The contractor later left 

the local area with the money and never started the contracted work.

The Bottom Line: As a professional CCO, you must recognize that advance payments are 

very risky, especially in contingency environments, and many alternatives are available, like 

partial payments and progress payments. Also, proper vendor vetting can help in determining 

responsible vendors. Be mindful of this risk and your options during contract negotiations.

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 Paying Agent Duties

DoD FMR 7000.14-R, Volume 5, Chapter 2, “Disbursing Offices, 

Officers, and Agents,” describes the duties of paying agents. The 

commander appoints (in writing) paying agents to make payments for 

purchases by using cash or other negotiable instruments. A contracting 

officer should not be designated as a paying agent in accordance with 

Volume 5, Chapter 33, of DoD FMR 7000.14-R because it would violate 

the concept of checks and balances and create a potential conflict of 

interest. However, there are exceptions to this policy, usually at the 

Service component level, and in extreme circumstances, and as a last 

resort, a CCO can be dual-hatted, serving as both the CCO and the paying 

agent. CCOs cannot make cash payments unless they are designated 

as paying agents. If appointed as a paying agent, the individual CCO 

should be thoroughly briefed on duties and responsibilities by the 

financial services officer or local deputy disbursing officer. 

Cash advances. The quantity of cash that the disbursing office gives 

to the paying agent is governed by the following considerations: 

• Facilities available for replenishment of funds 

• Anticipated mission requirements 

• Capability to safeguard funds.

The maximum sum to be advanced to the paying agent is specified 

in the appointing order. The CCO might need to advance cash to others 

for payment of orders. When advancing cash, the CCO should obtain a 

receipt on DD Form 1081, “Statement of Agent Officers Account,” or SF 

1165, “Receipt for Cash Subvoucher.” The disbursing officer should be 

informed about any losses or shortages as soon as possible. 

Noncommercial advance and partial payments. As noted in 

FAR subpart 32.4, these payments can be used under the following 

conditions: 

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• The contractor gives adequate security. 

• The payment does not exceed the unpaid contract price. 

• The agency head or designee determines that such a payment is 

in the public interest or facilitates national defense. 

• The payment does not exceed interim cash needs. 

• The CCO submits the request to a higher-level headquarters 

official and must ensure that findings, determinations, and 

authorizations are provided.

Commercial advance and interim payments. As noted in FAR 

subpart 32.2, these payments can be used under the following conditions: 

• The HCA determines the terms and conditions are appropriate. 

• The commercial practice in the local market is to use buyer 

financing. 

• The purchase is for a commercial supply or service. 

• The price exceeds the SAT. 

• The CCO concludes that advance payments are appropriate for 

the market. 

• Advance payments are in the best interests of government. 

• Adequate security is obtained. 

• The advance payment does not exceed 15 percent of price, 

before performance. 

• Competitive or normal financing is not available. 

• The CCO obtains concurrence from the finance office and 

ensures that a D&F is completed for advance payments. 

• Made to prime contractors for the purpose of making advances 

to subcontractors.

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Options instead of advance payments. Other payment options 

include the following:

• Partial payments 

• Commercial interim payments

• Progress payments

• Purchasing needed materials as a supply commodity with 

the SF 44 or 3in1 Tool, then providing the materials to the 

contractor as needed for service or minor construction

• Requesting that the disbursing officer pay cash to the vendor. 

The CCO can also recommend the use of SF 44 or DD Form 1155. 

The CCO may have to explain to the vendor that using these forms 

normally results in prompt payment, and explain to the customer that 

the CCO may decide to not do business with the vendor if the vendor 

will only accept advance payments. Proper market research and an 

understanding of the local vendor base will assist in making that 

determination. Advance payments are acceptable for subscriptions 

(FAR 32.404(a) and FAR clause 52.213-2). 

Partial payment. The CCO places a statement on the invoice so 

the finance officer knows the invoice is a partial—rather than final—

payment. The partial payment statement complies with the following 

regulations:

• Finance guidance for partial payment in DoD FMR 7000.14-R, 

Volume 10, Chapter 10, Section 1003

• Exceptional circumstances only (FAR 32.403(h)).

Settlement of paying agent account. After deployment operations 

or when the disbursing office resumes operations, the paying agent 

terminates this account with the disbursing office. The paying agent 

obtains and completes DD Form 1081, “Statement of Agent Officer’s 

Account,” showing the account reduced to zero.

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Ordering Officers and FOOs

Ordering Officers and FOOs. These individuals have been 

authorized, in accordance with FAR 1.603-3(b) and 13.201(a), and 

DFARS 201.603-3(b), by the contracting officer in writing to execute 

micro-purchases using SF 44 and the 3in1 Tool. SF 44 or the 3in1 

Tool may be used by personnel other than the CCO provided that the 

individual does the following: 

• Receives written authorization from the contingency 

contracting officer. The CCO should give a copy of the written 

authorization to the finance and accounting officer, in effect 

delegating authority to sign a contract instrument. 

• Receives training by the contingency contracting officer on 

the SF 44 and 3in1 Tool.

• Is teamed with an appointed and trained paying agent. In 

addition, the paying agent must also be designated in writing. 

Designation. The CCO may designate individuals as FOOs, either 

from within or outside the contracting organization, with the authority 

to execute micro-purchases by using SF 44 or 3in1 Tool. The CCO 

needs to exercise strict operational control and oversight of FOOs to 

prevent violations of laws and regulations. The CCO is responsible 

for helping the commander determine the adequate number of FOOs 

required to ensure mission accomplishment. Commanders should have 

a point of contact for each FOO team.

Nomination, appointment, and termination. Commanders 

must formally nominate FOO candidates, by name, to the CCO 

for appointment; this responsibility cannot be delegated. The FOO 

candidate must be a DoD employee; contractor employees cannot be 

FOOs. The CCO must determine the validity of the requirement and 

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formally appoint personnel as FOOs via official appointment letters. 

The appointment letter must specify the extent and limitations of 

the FOO’s authority to act on behalf of the CCO. The appointment 

is effective until the FOO is reassigned to another unit or the CCO 

terminates the individual’s duties. The CCO (or higher authority) 

reserves the right to revoke an FOO appointment at any time. Such a 

revocation must be made in writing. 

Qualification and training. At least annually, the FOO candidate 

must review the standards of conduct as specified in DoD Directive 

5500.7-R, “Joint Ethics Regulation.” The CCO must develop an 

effective FOO training program, and the FOO candidate must complete 

training before official appointment as a FOO. Refresher training is 

conducted when the CCO deems it necessary. In larger contingencies, 

the COCO (rather than individual CCOs) is responsible for management 

and oversight of the FOO and ordering officer decentralized purchasing 

programs. 

Authority and responsibilities. The scope of the delegated authority 

limits all FOOs in terms of the dollar limitation they may obligate. 

The FOO must review the written appointment to ensure a complete 

understanding of the scope and limitations of FOO authority. Before 

making any purchases, the FOO must receive written appointment 

orders from the CCO and a funded document from the comptroller, 

showing a fund cite with a specific dollar amount. The FOO cannot 

exceed the amount specified in the document. If additional funds 

are required, the FOO must request and receive more funds from the 

comptroller before proceeding with any purchases. After the FOO 

receives a valid PR, the FOO must answer the following questions: 

• Is the purchase allowable in accordance with established 

purchasing procedures? 

• Are funds available? 

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• Do I have authority to purchase the item (type and dollar 

threshold)? 

• Are the supplies available in the supply system or from another 

government source? 

• Is this the most efficient purchase method? 

After considering this information, the FOO must record all PRs in a 

logbook, as approved by the CCO. The FOO must maintain the original 

PR document, a copy of the SF 44 used for the purchase, logbook, 

original receipt of the purchase, and receipt for property received 

(RPR). When the 3in1 Tool is used, it records all information and 

documents it electronically. FOO considerations include the following:

• Limitations. FOOs may not redelegate their authority. The 

CCO may set additional limitations to maintain an effective 

and efficient FOO program. 

• Separation of functions. To ensure the integrity of the 

procurement process, the FOO must avoid, if possible, being 

a paying agent, certifying official, or individual receiving the 

products or nonpersonal services. 

• Evaluation, documentation, and reconciliation. The CCO 

supervises the FOO. At least monthly, or as otherwise 

determined by the CCO, the CCO reviews and reconciles the 

FOO’s purchase documents. This review is documented on 

the FOO clearance letter, which can be done electronically 

when using the 3in1 Tool. After receiving this letter, the 

FOO reconciles the account with the paying agent. The CCO 

immediately forwards any potential case of waste, fraud, or 

abuse to the appropriate legal office for review. 

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• Revocation of authority. When a FOO appointment is 

terminated for any reason, the FOO gives the CCO (1) a copy 

of the appointment letter; (2) copies of all previously filed 

reports; (3) a complete report for any period between the last 

audit and termination date; (4) receipts, PRs, and RPRs; and 

(5) any unused SF 44s.

Once the CCO conducts a final review and documents the 

outcome, the CCO issues an official Revocation of Authority to the 

FOO, terminating the appointment. One copy each is provided to 

the terminated FOO, FOO’s commanding officer, and appropriate 

disbursing office; one copy is maintained on file with the contingency 

contracting office. Any additional purchases or business agreements by 

the FOO after revocation of this authority are considered unauthorized 

commitments, for which the former FOO may be held liable. 

FOO violations. The CCO may revoke the FOO appointment 

for any violation of regulations, orders, or statutory authority. The 

administration of decentralized purchasing programs carries an 

increased risk of becoming problematic. Typical violations include the 

following:

• Unauthorized commitments

• Splitting of requirements to stay below authorized thresholds

• Purchases above authorized limits 

• Purchases outside the purpose of the appropriated funds

• Purchasing items not authorized under local programs or BPA 

price lists or not authorized by the CCO

• Delinquent reconciliation with the CCO 

• Training delinquencies

• Circumvention of Competition in Contracting Act (CICA) 

requirements.

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Violations may result in revocation of the FOO appointment and of 

any additional FOOs within the unit, section, or battalion. In the case 

of an unauthorized commitment, the revocation remains effective until 

the unauthorized commitment is ratified by the appropriate authority 

and reviewed by legal officials to determine whether disciplinary action 

is recommended. For other violations, the CCO may reinstate the FOO 

appointment after correcting the deficiency. 

Contract Tracking and Reporting

Procurement instrument identification numbers. DFARS 204.70 

specifies policies and procedures for assigning procurement instrument 

identification numbers (PIINs) to all solicitations, contracts, and related 

instruments. The PIIN is designed to help track all actions. Table 

5-3 shows an example of a PIIN from DFARS subparts 204.7003 and 

204.7004. 

Table 5-3. Sample PIIN N00062-15-D-0001-0005

Procurement instrument identification number logs. Establishing 

and maintaining accurate PIIN logs in accordance with DFARS 204.70 

is essential in the contingency environment. 

Contract action report (CAR). As noted in FAR 4.601, a CAR 

is required for all contract actions that obligate or deobligate more 

than $3,000 in funds and must be submitted within 3 business days of 

executing an action. In addition, all modifications, regardless of price, 

must be reported. However, in a contingency, OCONUS reporting might 

not be possible because of the lack of Internet connectivity. Therefore, 

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actions that require reporting must be accomplished after arrival in 

an area where Internet connectivity is available, which may be upon 

redeployment to CONUS bases or stations (DFARS PGI 204.606(1)

(iii)). CARs can be created on the Federal Procurement Data System–

Next Generation (FPDS-NG) website. The CAR replaced reports using 

DD Form 350, “Individual Contracting Action Report,” and DD Form 

1057, “Monthly Summary of Contracting Actions.” 

The CAR process is as follows: 

• The contract is complete, through approval by the CCO. 

• The CCO creates the CAR from the unreleased contract, 

through validation and approval. The CAR is created directly 

on the FPDS-NG website, with a link to the CAR in the 

Standard Procurement Data System. 

• Both the contract and CAR are routed to the CCO for release of 

the contract and finalization of the CAR. 

An express CAR is used to report data for more than one contract 

action. The following contract actions may be reported on an express 

CAR instead of an individual CAR:

• Indefinite delivery/indefinite quantity (IDIQ) contract vehicles, 

requirements contracts, BPAs, and basic ordering agreements 

• Contracts from foreign vendors not registered in the System 

for Award Management (SAM), 

The CAR is created before the release of the contract action. In 

FPDS-NG, much of the CAR is prepopulated with data in the contract 

(such as data from the North American Industry Classification System 

and Service Contract Act). Creation of the CAR before release of the 

contract enables correction of the contract so that the CAR can pass the 

validation process in FPDS-NG. Training for FPDS-NG is available at 

the FPDS-NG website. 

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Awards using appropriated funds must follow the congressional 

notification procedures in DFARS 205.303 unless an exception in 

FAR 5.202 applies. The reachback office can assist in preparing 

congressional notifications to alleviate the burden on forward-deployed 

units or CCOs. Training personnel early and often is a best practice 

because turnover occurs routinely.

Unauthorized Commitments and Ratifications

An unauthorized commitment is an agreement that is non-binding 

solely because the government representative who made it lacked the 

authority to enter into that agreement, as explained in FAR 1.602-

3. An unauthorized commitment typically occurs in a contingency 

environment when a well-meaning individual believes that immediate 

action is necessary to support the mission. Ratification occurs when 

an official who has the appropriate authority approves an unauthorized 

commitment to pay for supplies or services provided to the government 

as a result of an unauthorized commitment (FAR 1.602-3(a)). The need 

for ratification can be avoided if the CCO is involved in the operation 

early and becomes highly visible. 

The HCA may ratify an unauthorized commitment up to a specified 

threshold, as designated by agency procedures. The HCA may further 

delegate ratification authority at specific thresholds to the Senior 

Contracting Official or the Regional Contracting Center (RCC) office. 

At least quarterly, the RCC chief must publish to the base populace a 

reminder that only duly appointed contracting officers can obligate the 

government. Commanders reinforce this policy by publishing letters to 

emphasize the seriousness of obligating the government without proper 

authority. 

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The processing of a ratification involves determining whether the 

action should be ratified into a contract and then creating the contract 

document. Actions that do not meet the criteria are deemed non-ratifiable 

and are subject to resolution by the Government Accountability Office 

under its claim procedures.

Additional References

The following references were not mentioned in this chapter but 

offer additional information related to contract support execution:

• 10 U.S.C. 2305, Contracts: Planning, Solicitation, Evaluation, 

and Award Procedures

• DoDI 3020.41, Operational Contract Support (OCS)

• DoDI 1100.22, Policy and Procedures for Determining 

Workforce Mix

• GAO-13-283, Government Accountability Office (GAO) High 

Risk Series: An Update.

Chapter 5

Contracting Support Execution—Processes, Policy, and Tools
6. Contract

Administration

Chapter 6

Contract Administration

CHAPTER CONTENTS

Key Points......................... 197

Introduction....................... 198

Administration 

Documentation.................. 197

File Management.............. 201

General Contract 

Administration................... 204

Construction Contract 

Administration................... 205

Government 

Property ............................ 206

Contract Monitoring .......... 211

Contract Modifications ...... 216

Transferring Contract 

Functions .......................... 221

Terminations ..................... 222

Contract Closeout............. 227

Redeployment and 

Demobilization 

Considerations.................. 230

Electronic Contingency 

Business Tools ................. 230

Additional References....... 234
197

Key Points

• All administrative record-keeping and file management 

requirements in the Federal Acquisition Regulation (FAR) 

and Defense Federal Acquisition Regulation Supplement 

(DFARS) apply under contingency, humanitarian assistance, 

and peacekeeping conditions.

• Contract files must be organized and sufficiently annotated to 

document the actions taken and the supporting rationale for the 

entire procurement process.

• The use of electronic business tools can automate some 

aspects of contract administration and are key in ensuring data 

accuracy and overall transparency.

• Contracting does not end with contract award. Contract 

administration ensures that customer needs are satisfied and 

that the contractor has been paid for performance. 

• Fast and accurate reporting is critical to satisfactory contract 

performance. This includes timely identification and 

documentation of contractor performance.

• Contracting officer’s representatives (CORs) must be appointed 

and properly trained. 

• When the contractor satisfactorily completes the terms of the 

contract and final payment is made, the contract file should be 

closed out as soon as possible.

• Redeployment and demobilization place demands on the 

contingency contracting officer (CCO). The CCO must 

coordinate with the operational planners and Defense Logistics 

Agency (DLA) in the associated reduction of equipment, 

personnel, and services.

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Introduction

A subset of contracting, contract administration includes efforts 

to ensure that supplies, services, and construction are delivered in 

accordance with the terms, conditions, and standards expressed 

in the contract. Contract administration is the oversight function, 

from contract award to contract closeout, performed by contracting 

professionals and designated non-contracting personnel. It includes 

ensuring that both parties (government and contractor) meet the 

specified terms and conditions of the contract. Contract administration 

is composed of more than 90 functions, described in FAR part 42

and DFARS part 242, including monitoring contract compliance, 

administering property, and assuring quality. Contract administration 

during contingency operations is referred to as contingency contract 

administration services (CCAS).43

This chapter discusses the actions that a CCO should take to 

administer a contract (including documentation), from contract award 

to contract closeout, while supporting in contingency environments. 

Such administration includes monitoring, transferring, terminating, 

and closing out contracts. 

Administration Documentation

Contract administration documentation involves record keeping 

and ensuring the documentation is adequate for an audit trail. The 

importance of accurately documenting all purchases, especially in a 

contingency environment, cannot be overemphasized. Because normal 

checks and balances and electronic administration tools might not exist 

right away in contingency environments, CCOs should put due diligence 

43 Joint Publication (JP) 4-10, Operational Contract Support, July 2014.

D

N

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in maintaining hard-copy contract files with proper documentation 

to “tell the story” of the respective acquisition. CCOs can be assured 

that auditors, inspectors general (IGs), and external agencies like the 

Government Accountability Office (GAO) will request paperwork and 

other sources of contract data during inspections, investigations, or 

audits during the contingency or soon thereafter. 

Problems and high-risk areas. Contingency contracting involves 

unique challenges. Effective contract administration and a healthy 

awareness of certain contracting risks can help prevent problems, 

now and in the future. The establishment of effective administrative 

procedures, audit capabilities, and maintenance protocols early in a 

contingency situation can greatly enhance supportability and minimize 

potential fraud, waste, and abuse problems. Areas of concern include 

the following:

• Difficulty obtaining detailed documentation from contractors. 

The problem of incomplete contractor documentation holds 

true, not only for documents supporting contractor claims, but 

also for general purchases, because many overseas vendors 

operate on a cash-and-carry basis and are not in the habit of 

furnishing paper receipts or using invoicing procedures. (FAR 

subpart 4.8 and DFARS subpart 204.8 contain guidance on 

record keeping.) 

• Field ordering officer (FOO) operations. The use of FOOs 

allows maximum flexibility in supporting field operations. 

However, their use entails a greater risk of fraud, given the 

delegated authority to non-contracting personnel. Training 

and strong oversight by the CCO are required. FOOs who 

deviate from the regulations or misuse their authority must be 

immediately terminated. 

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• Blanket purchase agreements (BPAs). Although BPAs are 

easy to set up and use and can serve well in certain situations, 

BPAs physically located with the customers and set up for 

customers to call from their physical location (commonly 

known as decentralized BPAs) can be risky. Common risks 

include exceeding periods of performance (POP), breaking 

price ceilings, and lack of overall contractor accountability. 

• Relief in place/transfer of authority (RIP/TOA). When 

military units replace each other during the RIP/TOA process, 

the contracting office must coordinate with the incoming 

and outgoing forces to ensure all operational contracting 

assignments are turned over to the new unit. Such responsibility 

transfers include property books and the assignment of CORs 

and FOOs.

• Advance payments. Advance payments and progress 

payments are normal procedures in the continental United 

States (CONUS), but in a contingency, these procedures can 

be extremely risky. Vendors might not return to complete the 

agreed-upon work.

• Redeployment and demobilization. The risks associated 

with redeployment and demobilization decrease dramatically 

with the timely involvement of the various commands and 

personnel associated with contingency contracting Phase 

IV, “Redeployment.” These include DLA, operational 

contract support (OCS)/contingency planners, operational 

commanders, and the United States Transportation Command 

(TRANSCOM).

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File Management

Contract files. All FAR and DFARS administrative record keeping 

and file management apply under contingency, humanitarian assistance, 

or peacekeeping conditions unless specifically stated otherwise. 

CCOs should also become familiar with local acquisition instructions 

(AIs) and standard operating procedures (SOPs) available to support 

the contingency and give the CCO more information on contract 

administration for the respective area of responsibility (AOR). 

Contract files must be organized and sufficiently annotated to 

document the actions taken and the supporting rationale for the entire 

procurement process. This includes use of BPAs, governmentwide 

commercial purchase cards (GCPCs), and other mechanisms outside 

standard contracting procedures. 

The following questions will help in determining whether the 

contract file has the requisite information to protect the government’s 

interests and the CCO: 

• Does it contain all of the required and pertinent acquisition 

information as required by the FAR and DFARS? 

• How will it be reviewed and understood if it ends up in court?

• Will the follow-on CCO understand the acquisition history by 

reviewing the standalone file?

• Will it hold up to the scrutiny of an inspection, including efforts 

to track funds and transactions through forensic investigation 

or forensic accounting? 

CCOs must do the following to help ensure the contract file tells the 

acquisition story: 

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• Furnish essential facts (include a description of the acquisition 

environment) used as a basis for informed decisions at each 

step in the process. 

• Document the rationale for actions taken, for example, deciding 

an agreed-upon price was fair and reasonable and restricting 

competition.

• Furnish a complete audit trail that may be used to support 

reviews and future investigations, litigation, or congressional 

inquiries. 

File contents. The following are examples of the records normally 

contained in contract files, if applicable (FAR 4.803):

• Purchase requests (PRs), acquisition planning information, 

and other pre-solicitation documents 

• Justifications and approvals (J&As), determinations and 

findings (D&Fs), price negotiation memorandums, and 

supporting documents 

• Evidence of availability of funds 

• Lists of sources solicited 

• Independent government estimates (IGEs)

• Copies of solicitations and all amendments 

• Copies of each offer or quotation and related abstract and 

records of determinations concerning late offers or quotations 

• Contractor contingent fee representations and other 

certifications and representations 

• Pre-award survey reports 

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• Source selection documentation 

• Cost and pricing data and certificates of current cost or pricing 

data 

• Packing, packaging, and transportation data 

• Cost or price analysis 

• Records of negotiation 

• Required approvals of award and evidence of legal review 

• Notices of award 

• Original signed contracts, all contract modifications, and 

documents supporting modifications 

• Notices to unsuccessful bidders or offerors and records of any 

debriefings 

• Post-award conference records 

• Orders issued under the contract 

• COR appointment letters and training

• Quality assurance records 

• Property administration records 

• Bills, invoices, vouchers, and supporting documents 

• Records of payments or receipts 

• Receiving documentation 

• Contract completion documents. 

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Real-World Example: The program executive officer (PEO) for simulation, training, and 

instrumentation was unable to support fair and reasonable price determinations for more than 

$94 million in acquired supplies and services that supported training efforts for warfighter 

field operations. This occurred because contracting officials lacked required documentation, 

such as properly annotated pre-negotiation objective and price negotiation memorandums, 

essential for accountability and transparency. Also, contracting officials did not require the 

procuring contracting officer to maintain a complete history of the contract (as a basis for 

making informed decisions during the acquisition process) and centralized and integrated 

program and contract files. They did not adhere to federal and Department of Defense 

(DoD) policies for subcontract-related work in a contingency environment and may not have 

received fair and reasonable prices. Furthermore, decentralized contract files could indicate 

questionable contract management and oversight. 

The Bottom Line: CCOs must ensure that contract decisions are supported by documentation, 

such as the pre-negotiation objective, and that the contract file includes the information needed 

to explain the history of the acquisition. CCOs must always be able to justify the expenditure 

of funds as stewards of taxpayer dollars. Even in a combat zone, CCOs must articulate, 

document, and show a fair and reasonable price was paid for goods and services.

General Contract Administration

Contract administration. The CCO must understand that the 

contracting process does not end with the award of a contract, purchase 

order, or delivery order. The role of contract administration is to complete 

the cycle, oversee the contract, ensure customer needs are satisfied, and 

confirm the contractor is fully compensated for services or supplies 

rendered, per the contract terms and conditions. Recent contingency 

operations proved that contract administration sometimes takes a back 

seat to contract execution. Ineffective contract administration can 

waste the efforts spent planning, describing, and funding customer 

requirements.

Purchase, pickup, receipt, and delivery. CCO responsibilities for 

supply purchases are more challenging during deployments than during 

peacetime. Many of these challenges are associated with the lack of 

proper receipt of goods and services. The unreliable communications 

in many contingency environments necessitate travel to the vendor’s 

location. No policy or procedures mandate the site where merchandise 

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is received. The CCO should expect frequent changes and possibly 

cumbersome procedures during deployment. 

CCO follow-up efforts. Deployed CCOs may not have the 

benefit of interconnected computer information systems that simplify 

communication. Therefore, following up with the customer by any 

means available is a must. Giving the customer as much information as 

possible along the way will prevent problems later. If the delivery date 

passes or the customer receives the wrong item, part of an item, or a 

broken or damaged item, the CCO is accountable, too. Clear delivery 

instructions to the contractor and proper quality assurance procedures 

help ensure the right goods and services are received on time. CCOs 

need to establish solid working relationships with the customer so 

that any discrepancies or problems can be handled expeditiously. The 

customer should know to contact the CCO as soon as practical (if 

possible, while the delivery truck is still there) if discrepancies arise. All 

correspondence should be maintained in the contract file. 

Receipt, inspection, and payment. The customer inspects goods 

and services. Once the item is delivered or the service performed, 

the customer must sign a receiving report acknowledging receipt and 

authorizing payment. The contractor invoice is then submitted to the 

contracting office, which ensures it is correct. This receiving report 

must accompany the invoice so that the vendor can be paid in a timely 

manner. (Government support contractors are not authorized to accept 

or sign for the government in any situation.) The report is then sent to 

finance personnel, who issue payment to the vendor. Finance personnel 

will not pay without a signature acknowledging that the government 

received the goods or services. All documentation must be placed in the 

contract file. 

Typical problems encountered. Many problems are associated 

with the proper receipt of goods. For example, there may be no 

central control point where contractors can deliver goods. Vendors 

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might deliver directly to the user, but the user might fail to notify the 

contracting activity upon receipt. In addition, someone at the site might 

accept the delivery, but no one accepts responsibility for receiving the 

goods when it is time to verify delivery and quantity. Consequently, 

payments to the vendor are ultimately delayed. Without all the key 

support members involved in, and coordinating, contract actions, 

accountability is quickly lost, contractor performance may decrease, 

and safety may be jeopardized. CCOs should involve multiple functions 

outside contracting to ensure as much coordination of contracting 

activities as possible. Work with the acquisition team to refine processes 

and procedures tailored for the immediate situation. Communicate the 

process and procedures to senior leadership. These actions significantly 

improve your ability to track ordered goods and services and ensure all 

protocols are followed. 

Tracking initial vendor deliveries is difficult, but the failure to take 

the time to organize for receipt of vendor goods results in long-term 

problems. The CCO has two options for alleviating problems involved 

in receiving emergency goods: 

• Strive for a central base receiving point where all goods can 

be processed, to account for all goods and support timely 

payments to vendors. 

• Have supply personnel furnish a receiving officer to accompany 

the CCO on all initial buys, establishing accountability and 

control from the onset. (This approach has limited application 

and resolves the problem for government pickup items only. 

Direct vendor deliveries to the base still require proper receipt.)

Regardless of the system used, coordinate in advance with base 

supply personnel to ensure accountability for all emergency goods 

delivered. A reliable accountability system can ensure quick and 

accurate payments to vendors. 

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Customer and contractor training. As a business advisor, the 

CCO can’t just issue an order or contract and assume the customer 

and contractor understand the delivery, acceptance, and invoicing 

procedures. The CCO must ensure both parties understand their 

responsibilities, because receipt of the goods and the payments that 

follow are of paramount interest to both parties. Correspondence 

detailing agreements and understandings must be filed with the contract.

Security personnel must establish clear procedures for local 

installation authorities to facilitate access to the base. In some cases, 

deliveries and shipments are held at the gate for hours or not made 

at all because of access problems, which can also pose safety risks 

in some environments. To work around these problems, installations 

can establish receiving sections outside the gate, if authorized, and 

then reload supplies and equipment onto government vehicles to make 

final delivery. CCOs should be mindful of local security protocols for 

traveling off the installation and work with security to build proper 

delivery requirements into the contract. In hostile areas, security 

personnel can assist CCOs at time of pickup.

Shipment of supplies and equipment to overseas location. 

Waiting for supplies and equipment ordered from the United States can 

be very frustrating for CCO customers. To minimize shipping time, 

contractors can use the mail or similar commercial services (such as 

DHL or FedEx) if available and authorized. Although the shipping time 

may be shorter, shipments sent by ordinary mail incur some additional 

risk because they are not traceable. 

Customs. CCOs must be aware of local customs clearance 

procedures and must contact the proper authorities for expeditious 

clearance of inbound goods. Advance coordination with proper customs 

officials is critical, particularly when clearing personal equipment 

and baggage. Military transportation, whether by ship or aircraft, 

makes shipments traceable. For military transportation, the reachback 

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buying offices may check with the local traffic management office for 

assistance in determining the following: 

• Port of embarkation, or the geographic point in a routing 

scheme from which cargo or personnel depart 

• Port of debarkation, or the geographic point at which cargo or 

personnel are discharged. 

In addition, the reachback buying office can obtain a transportation 

control number for the shipment. If contractors use commercial 

transportation, they must understand that preference is given to U.S.-

flag vessels and air carriers. 

Construction Contract Administration

Full administration is used on construction contracts, including 

construction schedules and progress reporting. Additional policy and 

guidance on unspecified minor construction is contained in 10 United 

States Code (U.S.C.) 2805 and Department of Defense Directive (DoDD) 

4270.5, “Military Construction.” The U.S. Army Corps of Engineers 

(USACE) also has a handbook that helps with construction contracts, 

51C/1102 Proficiency Guide for Construction, Architect-Engineer (A-E) 

& Contingency Contracting, EP 715-1-8, September 2011. CCOs also 

should lean on the USACE and other construction experts like Naval 

Facilities Engineering Command (NAVFAC) personnel and Air Force 

Red Horse engineers as able. 

The CCO needs to ensure that all pre-award actions (as described in 

the rest of this section) are accomplished. 

Preconstruction conference. Construction contracts can require a 

preconstruction conference. This conference gives the government one 

more opportunity to inform the contractor about obligations, discuss 

safety and fire precautions, emphasize the personnel who are authorized 

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to obligate the government, and organize everyone for the start of work. 

The contracting officer chairs the preconstruction conference. (See FAR 

36.522 for more information.)

Before work begins on a construction contract with a value that 

exceeds $25,000, a notice to proceed (NTP) should be issued in 

compliance with FAR 52.211-10. The contractor uses the period 

between contract award and NTP to meet bond, insurance, and other 

administrative requirements. The contracting officer or COR must 

accept all submittals.

For contracts valued at more than $1 million, Unified Facilities Guide 

Specification 01 45 00.00 10, “Quality Control,” should be included in 

the contract to furnish guidelines for the quality management program. 

The specification also provides for development of a quality control 

(contractor) and quality assurance (government) program and notes 

the requirement for daily construction logs to support the quality 

evaluations. 

Liquidated damages. Although liquidated damages (LDs) are most 

commonly used in construction contracts, CCOs need to be aware that 

LDs can be used in other types of contracts, except for cost-plus-fixedfee contracts. Review all information on LDs before deciding whether 

they can or should be used. Consider LDs carefully before applying 

them to the contract (see the real-world example). (See FAR 11.501 and 

DFARS 211.503.)

Real-World Example: When a contractor did not finish a contract on time, a contracting 

officer did not issue letters of concern or inform the contractor that it was in breach of 

contract. For several months, the contractor was allowed to work without a new schedule, 

proper direction, or administration efforts from the contracting office. The contractor filed 

a claim months after the original completion date for $450,000, claiming additional costs. 

The contracting officer responded with LDs, and the case went to court. The judge ruled that 

(1) the contracting officer did not protect the government’s rights by not taking action before 

the completion date, and (2) the LDs appeared to be retaliatory and thus were thrown out.

The Bottom Line: If LDs are not placed in the contract during the pre-award stage, the CCO 

should bilaterally add LDs post-award if the CCO decides LDs are in fact needed for the 

respective contract. 

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Government Property

“Government property” is all property owned or leased by the 

government, including government-furnished property (GFP) and 

contractor-acquired property to which the government has title. 

Normally, contractors furnish all equipment and materials necessary to 

perform government contracts. CCOs provide property to contractors 

only when it is clearly demonstrated to be in the best interests of the 

government.

A property administrator is an authorized representative of the 

CCO who is appointed in accordance with agency procedures and is 

responsible for administering the contract requirements and obligations 

relating to government property in the possession of the contractor.

Department of Defense Instruction (DoDI) 5000.64, “Accountability 

and Management of DoD Equipment and Other Accountable Property,” 

establishes policy, assigns responsibilities, and provides procedures for 

DoD-owned equipment and other accountable property. Instructions 

for contract property management are explained in Defense Contract 

Management Agency Instruction (DCMA-INST) 124.

FAR part 45 specifies policies and procedures for the provision of 

government property to contractors; contractor management and use 

of government property; and reports on, redistribution of, and disposal 

of contractor inventory. FAR subpart 45.6 establishes policies and 

procedures for reports on, reuse of, and disposal of contractor inventory 

that is excess to the contract. FAR 45.603 addresses abandonment or 

destruction of excess personal property, and FAR 45.604 describes 

the disposal of surplus property. Chapter 9 of the Defense Material 

Disposition Manual, 4160.21-M, covers excess personal property in 

foreign locations. Disposition Services Instruction, 4160.14, Chapter 6 

covers sales. The COR may be asked to assist the CCO in administering 

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contractor use of GFP. If available, the property administrator acts on 

behalf of the CCO to oversee government property in the possession of 

a contractor. 

If a commander is seeking disposal support, use one of the following 

e-mail addresses:

• Air Force: DLADispositionServicesAirForceHelp@dla.mil

• Army: DLADispositionServicesArmyHelp@dla.mil

• Navy: DLADispositionServicesNavyHelp@dla.mil

• Marines: DLADispositionServicesMarineHelp@dla.mil

• Coast Guard: DLADispositionServicesCoastGuardHelp@dla.

mil.

CCOs and other officials can contact the DLA Customer Interaction 

Center (CIC), accessible around the clock at 877-DLA-call (877-352-

2255), or e-mail the CIC at DLAContactCenter@dla.mil regarding 

customer support inquiries about programs, products, or services; 

status of requests; or general information.

Contract Monitoring

As a representative of the contracting officer, the COR is responsible 

for ensuring that the contractor has performed at least the minimum 

contract requirements. Any perceived deviations from the statement 

of work (SOW), statement of objectives (SOO), or performance work 

statement (PWS) should be brought to the attention of the contracting 

officer. The customer should not attempt to interpret these documents 

for the contractor and cannot direct changes or accept substitute 

performance. Many people have improperly cost the government 

(or themselves) substantial sums of money by making seemingly 

nonchalant remarks asking the contractor to act outside the scope of the 

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contract. (The following paragraphs contain more information on the 

COR. See also the Defense Contingency COR Handbook).

Contract monitoring system (past performance). Pursuant to 

FAR 42.1502, agencies evaluate past performance, using the Contractor 

Performance Assessment Reporting System (CPARS) and Past 

Performance Information Retrieval System (PPIRS) tools to measure 

the quality and timely reporting of past performance information. 

Architect-engineer and construction contracts or orders are reported 

into the Architect-Engineer Contract Administration Support System 

(ACASS) and Construction Contractor Appraisal Support System 

(CCASS) databases of CPARS respectively. During initial operations in 

austere environments, contract monitoring systems may be unavailable. 

CCOs must still evaluate and document past performance and ensure 

the data are entered into the respective contract monitoring system as 

soon as practicable. 

Contract Officer’s Representative (CORs). Contractor surveillance 

by contracting personnel under contingency conditions can be difficult 

because of ongoing military operations, lack of qualified personnel, 

local threat conditions, remote locations, broad customer bases, and 

time involved for performance and delivery. Therefore, a properly 

trained cadre of CORs needs to be established to support the CCO 

and contracting activities. CORs are qualified personnel appointed 

and trained by the CCO to help with the technical monitoring or 

administration of a contract. The CCO should include DFARS clause 

252.201-7000, “Contracting Officer’s Representative,” in the solicitation 

and the resulting contract when use of a COR is anticipated. Figure 6-1

summarizes key COR duties, file content, and important forms. 

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 Figure 6-1. COR Key Duties, File Content, and Important Forms

COR characteristics and duties include the following: 

• Both commanders and CORs must understand that they do 

not have the authority to issue directions on, or make changes 

to, any contract or purchase order. If unauthorized personnel 

make changes, the CCO must be immediately notified. The 

CCO then determines whether the work performed falls within 

the scope of the original contract. If the work does not fall 

within the contract scope, the CCO takes corrective action 

through the ratification process. 

• CORs must forward any correspondence from the contractor 

to the CCO. Because the COR is an authorized representative 

of the CCO, COR records are part of the official post-award 

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contract files and are forwarded to the CCO for retirement (in 

conjunction with the official contract file) after completion of 

the contract. Documents that pertain to the contract are clearly 

identified when forwarded to the CCO. 

• The CCO appoints CORs through the Contracting Officer’s 

Representative Tracking (CORT) Tool—or the Army Virtual 

Contracting Enterprise (VCE)–COR for operations in 

Afghanistan—or in writing, including the rank or grade of 

the COR and the applicable contract number. The requiring 

activity must first submit a nomination package for a 

trained COR to the CCO via the CORT Tool. The Defense 

Procurement and Acquisition Policy website has Contracting 

Officer Representative Tracking (CORT) Tool Guidance and 

Instruction. 

• The appointment letter defines the scope and limitations of 

COR responsibilities and specifies the period for which the 

appointment is effective. 

• The CCO normally appoints a COR and an alternate COR. 

Ideally, both are identified and trained before deployment. 

• All service and construction contracts require CORs. Some 

contracts for highly technical goods also may require a COR. 

CCOs must ensure that COR personnel have the technical 

experience and ability to monitor contractor performance. 

• The COR appointment must state that the COR authority 

cannot be redelegated. 

• The COR appointment must state that the COR may be 

personally liable for unauthorized acts. 

• The CCO should appoint the COR before contract award, if 

practical, identifying the COR in the PR.

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• CORs must not do any of the following: 

o Obligate funds.

o Direct the contractor by words, or actions (failure to act), to 

take on new work.

o Interfere with contractor performance.

o Supervise contractor employees.

o Authorize the contractor to obtain property or use government property from another contract.

o Modify contract terms and conditions by words, actions, or 

failure to act.

o Suggest the contractor hire, fire, or manage employees.

o Make statements promising future contract work or awards 

or threaten to have the contractor removed. 

COR training is critical to performance. COR training is available 

before deployment from the Defense Acquisition University (DAU). 

DODI 5000.72 “DoD Standard for Contracting Officer’s Representative 

(COR) Certification” outlines established policies and standards, 

assigns responsibilities, and provides procedures to certify CORs and 

outlines uniform guidance for identification, development, certification, 

and management of CORs within the DoD. To the maximum extent 

practicable, CORs must receive COR training, including theaterspecific training, before deployment so that they are ready upon arrival.

The following additional courses are available and may be relevant 

depending on the mission of the COR: 

• CLC 004, Market Research

• CLC 006, Contract Terminations

• CLC 007, Contract Source Selection

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• CLC 011, Contracting for the Rest of Us

• CLC 013, Services Acquisition

• CLC 055, Competition Requirements 

• CLC 133, Contract Payment Instructions

• CLM 013, Work-Breakdown Structure

• CLM 024, Contracting Overview

• CLM 031, Improved Statement of Work

• CLM 039, Foundations of government Property.

Additionally, the Defense Contingency COR Handbook contains 

additional information on the role and responsibilities of the COR.

Contract Modifications

Contract modifications. In the post-award contract administration 

phase, the contracting officer can expect changes to contract 

requirements. FAR subpart 43.1 and FAR clause 52.212-4 provide 

definitions, policy, and limitations regarding the modification of 

contracts. One important aspect of modifying contingency contracts is 

the impact these changes have on timely performance and cost. Contract 

terms and contractor performance can be changed in three ways: change 

orders, administrative changes, and constructive changes. Contracts can 

be modified either bilaterally or unilaterally. The CCO must understand 

the difference. (See FAR part 43 for additional information.) 

Change orders. “Contract modification” is a generic term defined 

as any written change in the terms or scope of the contract. Contracts 

may be modified by using a change order. A clear distinction must be 

made between the terms “change” and “change order,” and between the 

terms “in scope” and “out of scope,” as follows: 

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• A change is any alteration within the scope of the contract. 

Changes can be made in the specifications, drawings, designs, 

method of packing or shipment, time or place of delivery, or 

quantity or type of government-provided materiel. 

• A change order is a unilateral order, signed by the contracting 

officer, that directs the contractor to make a change that the 

changes clause authorizes the contracting officer to order 

without the contractor’s consent, within the general scope 

of the contract. If the change order results in an increase or 

decrease in the cost of, or the time required for, performance 

of any part of the work under the contract, the contracting 

officer shall make an equitable adjustment in the contract 

price, delivery schedule, or both. See FAR 43.204 and DFARS 

243.204 for additional information on change order execution, 

resulting equitable adjustments, and definitization. CCOs 

shall follow the procedures at DFARS Procedures, Guidance, 

and Information (PGI) 243.204 for administration of change 

orders. 

• The question of whether work is in scope or out of scope

is critical. Final determination rests with the CCO. Oral 

agreements, letter contracts, and the rapid pace of acquisition 

can lead to loosely worded arrangements for contractual 

actions. However, this does not mean that CCOs can broadly 

interpret the items in the original scope of the contract. Issuing 

an out-of-scope modification generally means that (1) the 

modification must be bilateral, (2) a J&A is required, and 

(3) approval from an official above the CCO level may be 

needed in accordance with local approval thresholds.

• CCOs should verify that proper change order authority is used 

on Standard Form (SF) 30 before issuing a modification.

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• CCOs should ensure that supplemental agreements containing 

an equitable adjustment as the result of a change order also 

include a statement of release (FAR 43.204(c)(2)).

Administrative change. Administrative changes are unilateral 

changes that do not affect the substantive rights of the parties. They 

are used to change things like the paying office or the name of the 

contracting officer. 

Constructive change. A constructive change involves contract work 

that has actually changed, but the procedures on the changes clause have 

not been followed. All constructive changes have two essential change 

and order elements as well as other common characteristics, as follows: 

• The change element is determined by examining the actual 

performance to decide whether it went beyond the minimum 

standards demanded by the terms of the contract. 

• The order element also must be present for the change to be 

compensable. The government must order the change. That 

is, the government representative, by words or deeds, must 

require the contractor to perform work not within the scope of 

the contract. 

• Several common actions often lead to a constructive change: 

(1) directing a particular method of performance, (2) providing 

late or defective government-furnished equipment (GFE), 

(3) requiring higher quality than specified in the contract, 

and (4) failing to approve time extensions. For example, if a 

contractor fails to complete performance within the specified 

contract date and time and the government allows work to 

continue without approval, the government has executed a 

constructive change by not placing the contractor on notice for 

failure to meet a contract deadline. 

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• Constructive changes must be formalized with a contract 

modification.

Unilateral and bilateral modifications as a method to incorporate 

contract changes. For the protection of all parties, unilateral and 

bilateral contract actions should be priced before execution of the 

modification. In accordance with FAR clause 52.212-4(c), commercial 

item contracts require bilateral modifications. However, the magnitude 

of some changes and the contingency environment can make this 

difficult as follows: 

• Unpriced orders are risky because, during negotiations when 

performance is proceeding, the contractor has no incentive to 

minimize costs. If a contract action cannot be priced before it 

is authorized, the government should agree with the contractor 

on a ceiling (not-to-exceed) price. 

• For changes that result in a relatively small increase or decrease 

in price, the parties should try to agree to incorporate them into 

the contract on a no-cost basis.

Bilateral modifications. Supplemental agreements must be 

in writing and must be signed by both parties, per FAR 43.103(a). 

Supplemental agreements are appropriate when contractor consent is 

needed before modifying the contract. All supplemental agreements 

to contracts for commercial items must be bilateral. Details on such 

agreements include the following:

• Circumstances that require a supplemental agreement include 

(1) incorporating substantive contract changes that both parties 

agreed to accept and (2) negotiating an equitable adjustment 

resulting from a change order.

• The issue of prepriced or unpriced services must be considered. 

(The more formal regulatory terms for this concept are 

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definitized or undefinitized services.) The risk of unpriced 

actions is that the government must be willing to pay for what 

it wants. (DFARS 217.74 details policy and procedure for 

definitizing an unpriced action. Chapter 5 contains additional 

information on undefinitized contract actions.) 

Unilateral modifications. Unilateral modifications (those signed by 

the contracting officer only) are used to make administrative changes, 

issue change orders or termination notices, make changes authorized 

by clauses other than the changes clause (such as the option, property, 

or suspension of work clause), change GFP, or incorporate a value 

engineering proposal into the contract (see FAR 43.103(b)).

Changes clause. In general, government contracts contain a 

changes clause that permits the contracting officer to make unilateral 

changes in designated areas within the general scope of the contract. 

The particular changes clauses differ slightly, depending on the item 

purchased (supplies, services, or construction) and the type of contract 

awarded (fixed price or cost reimbursable), as described in FAR subpart 

43.2. However, the following elements are common to all changes 

clauses: 

• A change order must be within the general scope of the 

contract. 

• The change order must be in writing. 

• The contracting officer must issue the change order. 

• Quantities may not be unilaterally adjusted by use of the 

changes clause.

• The changes clause does not apply to commercial contracts. 

A partial termination for convenience (T4C) can effect a decrease 

in quantity. If the contract contains the variation in estimated quantity 

clause, a price adjustment is required for items received in excess of 

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the specified quantity (including the variation allowed) that exceed a 

value of $250. These items may, however, be returned at the contractor’s 

expense. (See FAR 11.701.) 

Transferring Contract Functions

Established permanent-station contracting offices rarely if ever 

transfer contract administration functions to another agency. On the 

other end of the spectrum, many CCOs will transfer contract functions 

for redeployment. As one unit packs its bags to return to the home 

station, another unit arrives to assume the mission. 

Delegation of contract administration. CCAS is a process 

recognized by the DFARS to centrally administer selected contingency 

contracts through formal contract administration delegation (CAD) 

procedures. It involves a mixture of acquisition corps and specialties, 

including administrative contracting officers (ACOs), contract 

administrators, quality assurance representatives (QARs), and property 

administrators, along with service-provided CORs and, in some 

cases, technical inspectors. CCAS procedures normally apply only to 

large-scale, large-dollar, mission-critical external support—primarily 

civil augmentation program (CAP) task orders—and theater support 

contracts.

In the absence of geographic combatant command (GCC)-requested, 

USD(AT&L)-directed, joint CCAS guidance, or when contracts fall 

below or outside of the preestablished GCC criteria, service contracting 

and CAP organizations are responsible for providing their own CCAS 

capability as appropriate. The actual scope of CCAS measures and 

supporting organizational structure varies, depending on operational 

requirements. Doctrinally, joint-directed CCAS is a joint theater 

support contracting command (JTSCC) function overseen by the senior 

contracting official (SCO)-CCAS.

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When a JTSCC has been stood up, its SCO-CCAS should review 

proposed CAD arrangements as part of the approval process and decide 

whether it should assume responsibility for contract administration in 

theater or whether the procuring contracting officer (PCO) should retain 

it. In some cases, reachback support may be required. The lead service 

for contracting (LSC) SCO should take similar actions when they apply.

Once delegated by the contract PCO, the JTSCC SCO CCAS will 

furnish the ACOs, QARs, and property administrators to administer the 

contracts or CAP task orders as applicable. If a JTSCC is not formed, 

the applicable contracting activity will coordinate with the LOGCAP 

deputy program director to arrange CCAS support. Supported units, 

under the direction of the requiring activity will be required to provide 

COR support where LOGCAP support is used.

(See FAR 42.202 for additional information pertaining to delegating 

functions.)

Terminations

Basically, two options are available for terminating contracts: 

T4C and termination for default (T4D) or cause. After deciding which 

method to use, the CCO should be prepared to negotiate a fair and 

reasonable settlement. Termination implies a breach of contract, and 

adequate compensation is appropriate. The CCO must follow local 

procedures for reporting and reviewing any termination actions. 

The notice of termination should be in writing and specify the 

following: 

• Termination of the contract 

• Extent of the termination 

• Any special instructions 

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• Steps that the contractor should take to minimize the impact 

on personnel if the termination, together with all other 

outstanding terminations, will result in a significant reduction 

in the contractor workforce. 

After receipt of a termination notice, the contractor should take the 

following actions, per FAR 49.104: 

• Stop work immediately.

• Terminate all subcontracts.

• Immediately advise the termination contracting officer of any 

special circumstances that preclude the stoppage of work. 

• Perform any continued portion of work. 

• Submit a request for equitable adjustment (REA), if necessary. 

• Protect any GFP.

• Notify the termination contracting officer of any legal 

proceedings arising from terminated subcontracts.

• Settle any outstanding liabilities (subcontracts). 

• Submit a settlement proposal.

• Dispose of termination inventory. 

Termination for convenience (T4C). The rapid pace of changing 

requirements can often result in the government no longer needing 

the supplies or services for which it has contracted. A request for the 

contractor to stop providing such supplies or services can often be met 

with confusion from the contractor. Regardless of the reason for not 

wanting contract performance to continue, the contractor might perceive 

that the CCO simply is not satisfied with contractor performance. If less 

than $5,000 remains on the contract, the CCO should not terminate the 

contract. (See FAR 49.101(c).)

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The general procedures for T4C include the following actions (not 

necessarily in the sequence listed): 

• Issue a suspension-of-work order for construction or 

architecture and engineering, which specifically excludes 

profit (FAR 42.1302 and FAR clause 52.242-14).

• Issue a stop-work order for the service or supply, which does 

not exclude profit (FAR 42.1303 and FAR clause 52.242-15) 

and is usually in effect for 90 days (but if no notice is given 

after 90 days, contractor work restarts).

• Negotiate a settlement or, if no settlement is reached, 

unilaterally make a determination and notify the contractor 

that the changes are under the disputes clause. 

When a T4C is requested, the CCO should take the following 

actions: 

• Request or recommend a meeting with contractor. 

• For construction, obtain an estimate of the contracting cost 

incurred from engineering. 

• Establish and negotiate a cost settlement. 

• Prepare a stop-work or suspension-of-work order, consulting if 

necessary with the head of contract activity (HCA). 

• Prepare SF 30, using the T4C clause (FAR clause 52.249-2). 

• When the CCO uses a partial contract cancellation or a total 

contract cancellation, the following should be considered: 

o No-cost settlement 

o Partial settlement (such as restocking charge) 

o Total termination. 

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Termination for default (T4D). When the contractor fails to 

perform as required, the CCO may terminate the existing contract 

and begin reprocurement under a new one. If the CCO anticipates the 

need to enter into another contract with a specific vendor in the future 

(especially in areas with limited sources), defaulting that vendor on an 

existing contract can hinder future contracts. 

The general procedures for T4D include the following actions (not 

necessarily in the sequence listed): 

• Reference the appropriate default clause (FAR clause 

52.249-8 for a supply or service or FAR clause 52.249-10 for 

construction).

• Issue a cure notice and give the contractor a minimum of 

10 days to cure (using the format in FAR 49.607). (See “Cure 

notice” below.)

• After 10 days (or if fewer than 10 days remain in the 

performance schedule), issue a show-cause notice (using the 

format in FAR 49.607).

• Ask an engineer to verify the extent of completion of work and 

to give an estimated value of the completed work.

• Consult with the HCA before issuing the modification.

• Report on the steps taken (FAR 42.1503(f)). 

Termination or cancellation of purchase orders. As described 

in FAR 13.302-4, if a purchase order accepted in writing by the 

contractor is to be terminated, the contracting officer must process the 

termination in accordance with FAR clause 52.212-4(l) or 52.212-4(m)

for commercial items or FAR clause 52.213-4 for noncommercial items.

If a purchase order not accepted in writing by the contractor is to be 

cancelled, the contracting officer must notify the contractor in writing 

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that the purchase order has been cancelled and request the contractor’s 

written acceptance of the cancellation. If the contractor does not accept 

the cancellation or claims that costs were incurred under the purchase 

order, the contracting officer should process the action as a termination, 

as previously detailed.

Termination for cause. The government may terminate for cause 

after any default by the contractor if the contractor fails to comply 

with the terms and conditions of the contract or fails to provide the 

government, on request, with adequate assurance of future performance. 

Contracts for commercial items purchased under the procedures in FAR 

part 12 may be terminated for convenience or for cause. In general, the 

constraints of FAR part 49 (T4C) and FAR subpart 49.4 (T4D) do not 

apply. (FAR 12.403 details procedures for termination of commercial 

item contracts.) 

Delinquency notice. The formats of the delinquency notices 

described in FAR 49.607 and discussed in this section may be used to 

satisfy the requirements of FAR 49.402-3. All notices must be sent with 

proof of delivery requested. (FAR 42.1303 addresses procedures for 

stop-work orders.) 

Cure notice. If a contract is to be terminated for default before the 

delivery date, a cure notice, as described in FAR 49.607(a), is required 

by the default clause. Before using this notice, the CCO must confirm 

that an amount of time equal to or greater than the period of the cure 

remains in the contract delivery schedule (or any extension to it). If the 

time remaining in the contract delivery schedule is not sufficient to 

permit a realistic cure period of 10 days or more, the cure notice should 

not be issued. 

After the cure notice is issued, the CCO takes the following actions: 

• Negotiates changes. 

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• Prepares a modification to the T4D.

• Documents the negotiations.

• Obtains the contractor’s receipt of cure notice. 

Show-cause notice. If the time remaining in the contract delivery 

schedule is not sufficient to permit a realistic cure period of 10 days or 

more, a show-cause notice may be used (FAR 49.607(b)). The showcause notice should be sent immediately after expiration of the delivery 

period. 

Considerations. When deciding whether to use a T4C or T4D or 

to allow the contract to run to completion, the CCO must use sound 

business judgment. The CCO must remember that contractors are 

providing goods and services at a time when the government has been 

fairly demanding. Vendors may incur costs to perform in accordance 

with CCO and government wishes and should be properly compensated 

for doing so. The CCO needs to balance fair and just compensation with 

legally sufficient adjustments and allowability of costs. 

Contract Closeout

Contract closeout process. When the contractor satisfactorily 

completes performance of the terms of the contract and the final 

payment is made, the CCO should close out the contract file as soon as 

possible as follows: 

• Upon receipt of final invoice and a receiving report, issue a 

unilateral modification to deobligate any excess funds. 

• Address release of claims. On a final invoice with a payment 

amount that is subject to contract settlement actions (release 

of contractor claims), the settlement occurs on the effective 

date of the contract settlement. (FAR 43.204(c)(2) provides 

language for supplemental agreements.)

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• Complete Department of Defense (DD) Form 1594, “Contract 

Completion Statement,” or agency-specified form for all 

contracts, and complete DD Form 1597, “Contract Closeout 

Checklist” (or agency-specific form, such as Air Force Form 

3035) for contracts that exceed the simplified acquisition 

threshold (SAT) after receiving proof that work or delivery is 

complete. 

• Place the completed and certified DD Form 1594 in the 

contract file, write “closed” on the file (preferably in large bold 

letters), remove the file from the active contracts, and retain the 

completed contract file as required by the FAR or the relevant 

agency. 

• Use DD Form 1597 as the primary document for initiating 

a systematic contract closeout. When all necessary and 

applicable actions are completed, the contracting officer will 

sign and attach this form to DD Form 1594. 

• Identify physically completed contracts that involve 

government property in the possession of the contractor. 

In such cases, the contracting officer forwards DD Form 

1593, “Contract Administration Completion Record,” to the 

property administrator to request the actual or estimated dates 

for completion of property administration. DD Form 1593

should be used to verify that other functional activities have 

completed their required closeout actions. 

• Address remaining funds. The contracting officer reviews the 

status of funds on physically completed contracts to determine 

whether they are available for removal before final payment. 

• Address all contracts that fall below the SAT. In such cases, the 

contracting officer must include a statement that all contract 

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actions have been completed in the contract file. The completed 

form or statement is authority for closing out the contract file. 

• Manage closeout of contracts administered by the purchasing 

office. In such cases, that office is responsible for ensuring that 

all required purchase actions and contract administration are 

completed, using as necessary DD Form 1597 and DD Form 

1593. 

• Complete DD Form 1594. When all required actions are 

completed, the purchasing office must prepare DD Form 1594 

for all contracts that exceed the SAT. The contract completion 

statement must be added to the official contract file. (DFARS 

204.804 requires the use of DD Form 1594.)

Contracting officers should be aware, and ensure respective 

contractors are aware, of the contractor records retention requirements 

and retention periods described in FAR 4.7 DoD policy is that 

contractors make available all records—including books, documents, 

accounting procedures and practices, and other data, regardless of type 

and regardless of whether such items are in written form, in the form 

of computer data, or in any other form—and other supporting evidence 

to satisfy contract negotiation, administration, and audit requirements 

of the contracting agencies and the Comptroller General unless an 

exemption applies. 

CCO closeout of FOO and BPA authorized caller accounts. When 

FOO and BPA authorized callers are ready to redeploy, the CCO must 

be sure that they return their original appointment orders, all completed 

forms and documents, updated procurement instrument identification 

number (PIIN) logs, and unused forms (especially sf 44s). Throughout 

the contingency, the CCO should be receiving Joint Uniformed Lessons 

Learned System and after action report input from ordering officers. 

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FAR 4.804-5 describes procedures for closing out contract files, 

including the following main issues: 

• Contractor release of claims 

• Final invoice that has been submitted and paid 

• Completed contract funds review and deobligated excess funds 

• Storage, handling, and disposal of contract files.

Abandoned or unclaimed property. One issue that might arise is 

the disposal of abandoned contractor-owned property in accordance 

with FAR subpart 45.6. The CCO should consult with the local judge 

advocate about the disposition of contractor property left behind by the 

contractor before using or appropriating the asset.

Redeployment and Demobilization Considerations

“Redeployment” is defined as the transfer of forces, personnel, 

equipment, and materiel to home or demobilization stations for 

reintegration and out-processing. When possible, the CCO should 

become part of the joint contingency planning staff that is planning 

the redeployment or demobilization phase of the operation. The CCO 

must communicate with operational planners, DCMA, and DLA in the 

drawdown planning. 

Electronic Contingency Business Tools 

The contingency contracting process can involve many different 

supporting systems, tools, and interfaces. The use of electronic business 

(e-business) tools can automate aspects of the contracting process 

and can greatly assist in delivering goods and services faster to the 

user. Electronic tools also help to ensure data accuracy and overall 

transparency. In the event of accessibility issues, Internet connectivity 

problems, or other situations that prevent the use of e-business tools in 

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theater, the CCO should rely on hard-copy forms, tools, and methods to 

ensure contract support is uninterrupted. 

In September 2014, the Defense Procurement and Acquisition Policy 

(DPAP) office published the Department of Defense Contingency 

Business Environment Guidebook. This guidebook introduces six 

e-business tools that give CCOs automation support and information 

on how to get them up and running in theater. These six tools are as 

follows:44

1. 3in1: The 3in1 Tool automates key processes: field order, 

receipt, and purchases, previously executed manually using 

the paper SF44. 3in1 delivers an easy-to-use technology to 

execute immediate off-the-shelf field purchases of supplies 

and services where use of the Government Purchase Card is 

appropriate, but not feasible. 

2. AGATRS: The Acquisition Cross-Servicing Agreements 

(ACSA) Global Automated Tracking and Reporting System 

(AGATRS) is an automated tool that tracks and provides 

visibility into worldwide ACSAs. This provides visibility 

into available ACSAs that may satisfy a requirement through 

support from the host nation or other nation supporting the 

contingency.

3. cASM: The Contingency Acquisition Support Model (cASM) is 

a web-based tool used to plan, generate, staff for approval, and 

track acquisition-ready requirements packages. This enables 

users to get requirements on contract more efficiently. cASM’s 

output produces a complete, approved, and electronically 

signed requirements package (RP).

44 Usage of these tools may vary by situation, so the CCO should check with the local command for 

additional guidance. See Chapter 5 for details on contract action reporting, payment information, 

Joint Contingency & Expeditionary Services (JCXS), and Procurement Desktop Defense (PD2).

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4. D&S: Dollars & Sense (D&S) is a tool that is used to support 

the contract closeout process by receiving, organizing, 

assigning, and tracking contracts to closeout outside the area 

of operations. 

5. JCCS: The Joint Contingency Contracting System (JCCS), 

part of the Joint Contingency & Expeditionary Services

(JCXS)45 platform, is a web-based application that has the 

following capabilities/functions: HN vendor management 

for centralized registration, solicitation posting, proposal 

receipt, and past performance tracking. The JCCS application 

supports contract data capture, contract closeout and historical 

data reference, and offers simplified and advanced reporting 

features.

6. TBC:theater business clearance (TBC) tool automates the TBC 

process by enabling electronic submission of TBC packages, 

ensuring solicitations and contracts contain appropriate 

clauses and provisions. 

DFARS/PGI 218.272 “Use of electronic business tools” dictates 

the usage requirements of the six tools listed above. See the CBE 

Guidebook for specific information on these tools and how to get them 

operational in theater. 

Additionally, CCOs should be familiar with the following e-business 

tools:

• The Federal Procurement Data System–Next Generation 

(FPDS-NG) allows millions of procurement transactions from 

across the government to be recorded and reported in real-time. 

The system contains detailed information on contract actions 

45 Joint Contingency and Expeditionary Services (JCXS) is the new name for the Joint Contingency 

Contracting System (JCCS) platform.

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that exceed $3,000 (FY04 and later). It can identify who bought 

what, from whom, for how much, when, and where. 

• The Wide Area Work Flow (WAWF) e-business suite is a 

paperless, DoD-wide contracting application designed to 

eliminate paper records from the receipts and acceptance 

process of the contracting life cycle. The WAWF systems 

allows government vendors to submit and track invoices and 

receipt and acceptance documents over the web and enables 

government personnel to process those invoices in a real-time 

paperless environment. WAWF is the only application used 

to capture the unique identification (UID) of tangible items 

information. 

• Procurement Desktop Defense (PD2) provides automated 

strategic and streamlined contract management support for 

the procurement professional as part of a complete workflow 

management solution. PD2 is an integral part of the DoD 

Standard Procurement System (SPS), which is integrating 

acquisition, logistics, and financial management in one end-toend enterprise business system. 

• The Contractors Performance Assessment Reporting System

(CPARS) is a web-enabled application used to document 

contractor and grantee performance information required by 

federal regulations. CPARS supports the FAR requirement 

to consider past performance information before making 

a contract award (FAR part 15, part 36, and part 42). FAR 

part 42 identifies requirements for documenting contractor 

performance assessments and evaluations for systems, 

nonsystems, architect-engineer, and construction acquisitions. 

• The Electronic Document Access (EDA) system is an online 

document access system designed to provide acquisitionChapter 6

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related information for use by all of DoD. The EDA system 

offers two concurrent operating sites (in Ogden, UT, and 

Columbus, OH). If one site is down or unavailable, the alternate 

site can be used. 

• DAU’s Acquisition Requirements Roadmap Tool (ARRT) 

Suite is a collection of tools that helps users build acquisition 

documents. It currently includes requirements definition and 

evaluation factors components. 

Additional References

The following references were not mentioned in this chapter but 

offer additional information related to contract administration:

• Office of Federal Procurement Policy, A Guide to Best Practices 

for Contract Administration

• 5 U.S.C. Appendix 8L, Special Provisions Concerning 

Overseas Contingency Operations

• GAO-13-283, GAO High Risk Series: An Update.

Chapter 6

Contract Administration
7. Protests

and Appeals

Chapter 7

Protests, Claims, Disputes, 

and Appeals

CHAPTER CONTENTS

Key Points......................... 236

Introduction....................... 237

Protests............................. 238

Protests at GAO ............... 240

CCO Protest Response 

Procedures ....................... 242

Agency Report to GAO..... 244

Claims............................... 245

Mitigation of Claims .......... 245

Disputes and Appeals....... 248

Contract Settlements and 

Alternative Dispute 

Resolution......................... 251

Additional References....... 253
236 Defense Contingency Contracting Handbook

Key Points

• The contingency contracting environment does not reduce 

or relieve the contractor’s right to protest, dispute, or submit 

claims, including appealing decisions.

• After receipt of a protest, the contingency contracting officer 

(CCO) needs to act quickly and contact the supporting legal 

counsel. 

• To avoid time-consuming disputes and litigation, the CCO 

should strive to resolve contract performance issues by mutual 

agreement with the contractor. 

• A CCO may be able to take simple, proactive actions to 

resolve disagreements between contractors and government 

team members. Resolve issues before they become full-blown 

protests, disputes, or claims and litigation when possible.

• Proper documentation is critical in protecting the rights of the 

government. 

• Alternative dispute resolution (ADR) procedures should be 

added to contracts. 

• CCOs must review and understand the requirements in Federal 

Acquisition Regulation (FAR) Part 33 and should be familiar 

with local acquisition instructions (AIs) and standard operating 

procedures (SOPs) that may exist to provide tailored guidance 

for the respective contingency location.

Introduction

Contingency environments are not immune from protests, claims, 

disputes, and appeals. These can be complicated, and CCOs need to 

understand how to handle them to avoid work stoppage and unneeded 

Chapter 7

Protests, Claims, Disputes, and Appeals
237

delays. As a contracting officer, you are responsible for safeguarding 

the interests of the United States and Department of Defense (DoD) in 

contractual relationships. In addition, FAR 1.602-2(b) makes it clear 

that contracting officers are responsible for ensuring contractors receive 

fair, impartial, and equitable treatment. 

Effective lines of communication between the contingency 

contracting office and the supporting legal office are critical in dealing 

with protests, claims, disputes, and appeals. As part of deployment 

preparations, the CCO must identify and understand agency procedures 

and be familiar with the regulations and policy in FAR Part 33 that 

govern contracting officer response to protests, claims, disputes, and 

appeals. Introduce yourself to the supporting legal counsel to ensure 

the contracting and legal departments are synchronized with local 

procedures for the respective contingency environment. In addition, 

protests can sometimes be averted by frank and open communications 

with the vendors, which might recognize significant errors in solicitations 

and evaluations overlooked by the CCO because of the pace of the 

operation. The CCO should encourage vendors to attempt to resolve 

their concerns with the CCO before pursuing an agency protest. As a 

last resort, a protest can be filed with the Government Accountability 

Office (GAO). Although the vendor has complete freedom to protest in 

any forum, and the CCO is never an advocate of the vendor, the interests 

of the government can often be best protected when vendor concerns are 

resolved quickly and at the lowest level. 

This chapter discusses actions that a CCO should take when notified 

of a possible protest, claim, dispute, or appeal. 

Protests

Protests Defined. A “protest,” as described in FAR Part 33, is a 

written objection by an interested party to any of the following:

Chapter 7

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238 Defense Contingency Contracting Handbook

• A solicitation or other request by an agency for offers of a 

contract for the procurement of property or services

• Cancellation of the solicitation or other request

• An award or proposed award of a contract

• Termination or cancellation of an award of a contract if the 

written objection contains an allegation that the termination 

or cancellation is based in whole or in part on improprieties 

concerning contract award 

• Delivery orders and task orders under multiple award contracts 

that exceed $10 million, as specified in FAR 16.505 (a)(10)(B). 

An interested party must have a direct economic impact from the 

award of the contract.

Protests to the agency. Executive Order 12979, “Agency 

Procurement Protests,” and FAR 33.103 establish policy and guidance 

on agency procurement protests. Before submission of an agency 

protest, all parties should make their best effort to resolve concerns 

raised by an interested party at the CCO level by undertaking open and 

frank discussions. 

Protests to the agency must include the following 

(FAR 33.103(d)(2)):

• Name, address, fax, and telephone numbers of the protester

• Solicitation or contract number

• Detailed statement of legal and factual grounds for the protest, 

including a description of resulting prejudice to the protester

• Copies of relevant documents

• Request for a ruling by the agency

Chapter 7

Protests, Claims, Disputes, and Appeals
239

• Statement about the form of relief requested 

• All information establishing the protester as an interested 

party

• All information establishing the timeliness of the protest. 

Failure to substantially comply with these requirements may be 

grounds for dismissal of the protest.

Timelines. If a contractor decides to protest an alleged impropriety 

in the solicitation, it must do so before bid opening or the time designated 

for the receipt of initial proposals. In all other cases, the time limit for 

filing a protest is 10 calendar days after the grounds for protest were 

known or should have been known, whichever is earlier.

If an award is withheld pending agency resolution of the protest, the 

CCO must inform the offerors whose proposals or bids may become 

eligible for the contract award. If appropriate, the CCO should ask 

the offerors to extend the time for acceptance to avoid the need for 

resolicitation.

Pursuing an agency protest does not extend the time for obtaining 

a stay at GAO. Agencies may include, as part of the agency protest 

process, a voluntary suspension period when agency protests are denied 

and the protester subsequently files at GAO.

Agency actions after receipt of protest. After receipt of a protest, 

the CCO must immediately suspend performance pending resolution 

of the protest by the agency. This resolution includes any review by 

an independent, high-level official unless continued performance is 

justified. One exception to suspending performance is if the procurement 

is urgent and compelling, in which case the agency is permitted to 

continue with the procurement. Additional information on receipt of 

protests is available in FAR 15.505 and 15.506.

Chapter 7

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240 Defense Contingency Contracting Handbook

Agencies must make their best effort to resolve protests within 

35 days after the protest is filed. Agency protest decisions must be 

well reasoned and clearly explain the agency position. The protest 

decision must be provided to the protester using a method that furnishes 

evidence of receipt. 

Protests at GAO 

Receipt of protest. As described in 4 Code of Federal Regulations 

(CFR) 21, this guidance focuses on protests before GAO, where the vast 

majority of protests are filed. After receipt of a protest, the CCO should 

immediately contact the supporting legal counsel. GAO protests are 

fast-moving actions: a government report is due to GAO within 30 days 

(or within 20 days under the express option), and GAO issues a decision 

within 100 days (or within 65 days under the express option). 

Reachback. Reachback is a highly effective tool during a protest. 

A CCO’s legal counsel for working on bid protests may be a remote 

reachback asset. If the CCO has local legal counsel available, the local 

counsel is likely to work with a reachback legal office for support. Such 

reachback offices frequently work on bid protests and can respond 

rapidly to protest issues. 

Protest before award. As described in FAR 33.104(b), when the 

agency receives notice from GAO of a protest filed directly with GAO, 

a contract may not be awarded unless authorized, in accordance with 

agency procedures, by the head of the contracting activity (HCA) on a 

non-delegable basis, after a written finding of the following: 

• Urgent and compelling circumstances that significantly affect 

the interest of the United States will not permit awaiting the 

GAO decision. 

• Award is likely to occur within 30 days of the written finding. 

Chapter 7

Protests, Claims, Disputes, and Appeals
241

A contract award will not be authorized until the agency has notified 

GAO of the finding (FAR 33.104(b)(2)). When a protest against an 

award is received and the award will be withheld pending disposition 

of the protest, the contracting officer should inform the offerors whose 

proposals or bids might become eligible for award after the protest. 

Protest after award. As discussed in FAR 33.104(c)(1), when the 

agency receives notice of a protest from GAO within 10 days after 

contract award, or within 5 days after a debriefing date offered to the 

protester for any debriefing required by FAR 15.505 or FAR 15.506, 

whichever is later, the contracting officer must immediately suspend 

performance or terminate the awarded contract. In accordance with 

agency procedures, the HCA, on a non-delegable basis, may authorize 

contract performance, notwithstanding the protest, upon a written 

finding of the following: 

• Contract performance is in the best interests of the United 

States. 

• Urgent and compelling circumstances that significantly affect 

the interests of the United States do not permit waiting for the 

GAO decision. 

Contract performance (or continued performance) will not be 

authorized until the agency has notified GAO of the aforementioned 

finding. When a decision is made to suspend performance or terminate 

the awarded contract, the contracting officer should attempt to negotiate 

a mutual agreement on a no-cost basis. When the agency receives 

notice of a protest filed with GAO after the dates in FAR 33.104(c)

(1), the contracting officer need not suspend contract performance or 

terminate the awarded contract unless the contracting officer believes 

that an award might be invalidated and a delay in receiving the supplies 

or services is not prejudicial to the government’s interests. 

Chapter 7

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242 Defense Contingency Contracting Handbook

Real-World Example: Most Prevalent Grounds for Sustaining Protests. In FY13, Congress 

added a new provision for GAO’s Annual Report on Bid Protests. This provision requires the 

report to “include a summary of the most prevalent grounds for sustaining protests” during 

the preceding year (31 United States Code (U.S.C.) 3554(e)(2)). During Fiscal Year (FY) 14, 

GAO sustained 13 percent of the decisions resolved on the merits. The most prevalent reasons 

for sustaining the protests in FY14 were (1) failure to follow evaluation criteria, (2) flawed 

selection decision, (3) unreasonable technical evaluation, and (4) unequal treatment.46

The Bottom Line: Planning for a source selection; communicating source-selection team 

requirements, roles, and responsibilities; and adherence to source-selection plans and 

evaluation criteria are all critical components of successful contracting and protecting 

the government’s interests if and when a protest occurs. Contracting officers must ensure 

documentation is completed pursuant to agency procedures and filed accordingly. 

CCO Protest Response Procedures

Response to a protest, the first 24 hours. The CCO should take the 

following actions within 24 hours of receipt of a written protest: 

• Transmit a copy of the protest package to the supporting legal 

office. Do not release copies of the protest to other parties 

(such as the awardee or offerors) until you discuss the release 

with the legal office, as the protest may contain proprietary or 

source-selection-sensitive information. 

• Confirm the identity of the attorney assigned to work on the 

protest, and exchange contact information (e-mail addresses 

and telephone numbers). 

• Discuss the allegations with the attorney, and explain the impact 

on mission operations if a delay of award or performance is 

triggered by a protest. 

• If a delay is triggered, the award cannot be made (pre-award 

protests) and contract performance may not begin (post-award 

protests). 

46 GAO Bid Protest Annual Report to Congress for Fiscal Year 2014.

Chapter 7

Protests, Claims, Disputes, and Appeals
243

• Following coordination with the assigned attorney, inform 

offerors and the awardee that a protest has been filed and 

that contract award or contract performance has been stayed. 

Ensure the assigned attorney informs GAO of the status of 

the delay.

• If the HCA authorizes contract performance, discuss this 

development with the attorney (FAR 33.104). 

• Identify the key personnel who know the allegations in the 

protest, obtain their contact information, and provide it to 

the legal office. They may include technicians, evaluators, or 

personnel at the requiring activity. Inform them of the protest, 

and confirm their availability for the next 100 days (the protest 

time frame) to support the government’s response. Determine 

whether declarations, affidavits, or other statements of fact 

from key personnel will be necessary. 

Response to a protest, the first 30 days. The first 30 days of any 

GAO protest are key. The government must submit its agency report to 

GAO and the protester within 30 days. This period gives the CCO and 

legal counsel an opportunity to assess the merits of the case and develop 

an appropriate response. Items to consider or accomplish are as follows: 

• GAO protests typically are document intensive. The CCO 

and supporting legal counsel should decide on the best way to 

fulfill the requirements and assemble the agency report. 

• The CCO should immediately coordinate with, and begin 

transmitting key contract documents to, the supporting legal 

counsel. This approach enables the counsel to understand the 

relevant facts and issues and to assess the merits of the protest 

early in the process. Such an approach also allows the legal 

office to begin assembling the agency report to GAO. 

Chapter 7

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244 Defense Contingency Contracting Handbook

Agency Report to GAO

Required report documents include the following: 

• CCO statement of relevant facts 

• Bid or proposal submitted by protester 

• Bid or proposal of the awardee 

• Solicitation

• All evaluation documents 

• Other relevant contract and source-selection documents (such 

as debriefing slides). 

CCOs should be aware of the classifications of the supporting 

documentation and follow agency security procedures before releasing 

sensitive or classified material. Given the short timeline involved, the 

CCO should communicate daily with counsel regarding the status of 

the protest. 

Corrective action before day 30 (day 20 under the express 

option). GAO has held that the government is not liable for a protestor’s 

legal fees and costs if the government takes corrective action in response 

to a protest within the first 30 days (20 days under the express option). 

Timely review and assessment of the merits of a protest, however, help 

the acquisition get back on schedule and avoid potentially significant 

legal expenses. 

Actions after day 30 (day 20 under the express option). A protester 

has 10 days to file a written response to the government’s agency report, 

usually in the form of a legal brief. GAO issues its decision by day 100 

(day 65 under the express option). On occasion, to clarify the record 

or the issues involved, GAO requests a hearing and requires testimony 

from government officials. 

Chapter 7

Protests, Claims, Disputes, and Appeals
245

Claims

A “claim,” as defined in FAR 2.101, is a written demand or written 

assertion by one of the contracting parties seeking, as a matter of 

right, the payment of money in a sum certain,47 the adjustment or 

interpretation of contract terms, or other relief arising under or relating 

to the contract. CCOs should understand and prepare for resolution 

of claims given the challenges of working in high-operational-tempo 

contingency environments. 

The administrative burden that contractor claims can place on the 

CCO and the mission can be mitigated by an understanding of FAR 

and Defense Federal Acquisition Regulation Supplement (DFARS) 

requirements and flexibilities, an understanding of what is (and is 

not) a contract claim, continual communications with the contracting 

officer’s representative (COR), the existence and quality of contract 

file documentation, and the application of ADR techniques (DFARS 

Appendix A, Addendum II).

Mitigation of Claims

CCOs can mitigate contract claims by

• being proactive with all aspects of the contracting process and 

establishing working professional relationships with both the 

customer and the contractor; 

• establishing a strong communication network for contract 

parties to discuss and correct issues, especially when 

unforeseen;

• ensuring contract requirements, terms, and conditions are 

clear to both the government and the contractor and are 

followed; and 

47 A “sum certain” is a legal term for a specified amount of money.

Chapter 7

Protests, Claims, Disputes, and Appeals
246 Defense Contingency Contracting Handbook

• providing customer training on the development of contract 

requirements and the claims process (which greatly reduces 

ambiguous specifications or requirements and mitigates 

unauthorized communications and commitments between 

non-contracting personnel and the contractor).

As appropriate, the CCO should strive to resolve contract performance 

issues by mutual agreement with the contractor, thereby avoiding 

distracting and frequently time-consuming litigation. Clarification and 

discussion of the contractor’s perception of the problem may be enough 

to resolve a disagreement. When a claim (or a potential claim) arises, 

the CCO should contact the supporting legal counsel and contracting 

leadership for assistance and advice. If an agreement cannot be reached 

with a contractor, the CCO must issue a final decision on the contractor 

claim. During a contingency, the CCO must strike a balance between 

expeditious settlement of contract claims and protection of government 

interests. Other recommended actions include clarification of contractor 

performance (to create a clear record of what the contractor did) and 

performing ongoing market research (to monitor fair and reasonable 

price data). 

CCO actions for contractor claims received. Because of the high 

operational tempo of contingency contracting, responding to contractor 

claims and disputes can divert precious time from the mission. The 

CCO should consider or accomplish the following:

• A claim made by the contractor must be submitted in writing 

to the CCO.

• Not every contractor request for costs or other relief is a claim. 

A voucher, invoice, or other routine request for payment 

that is not in dispute when submitted is not a claim. Another 

example is a contractor request for equitable adjustment 

Chapter 7

Protests, Claims, Disputes, and Appeals
247

(REA)—a request that is related to changed or increased 

contract requirements. The CCO should first determine the 

type of request the respective contractor is making. 

• Unlike requests for adjustments, the submission of a contract 

claim begins accrual of interest on the claim. 

• Seeking early and frequent counsel from the supporting legal 

office will greatly assist the response to contractor claims. 

• After receiving a claim that exceeds $100,000, the CCO should 

ensure the claim is certified by the contractor, consistent with 

FAR 33.207.

• Any suspected fraudulent claim or other misrepresentation of 

fact should be reported to the supporting legal office and the 

chief of the contracting office (COCO).

Contingency contracting officer final decision. The CCO must 

consider the following points when making a final decision regarding 

a claim:

• The CCO should use the specialized skills of the functional 

representatives (such as the COR) when addressing the facts 

and issues in dispute.

• Final decisions for a claim of $100,000 or less must be issued 

within 60 days after receipt of the claim. 

• For claims exceeding $100,000, within 60 days after receipt of 

a certified claim, the CCO must either issue a final decision or 

notify the contractor when a final decision will be issued.

• Final decisions are prepared in accordance with FAR 33.211. 

They must include notification to the contractor pursuant to the 

disputes clause in the contract. 

Chapter 7

Protests, Claims, Disputes, and Appeals
248 Defense Contingency Contracting Handbook

• The CCO’s final decision to deny a contractor claim (either in 

part or in whole) can result in a dispute by the contractor under 

the applicable contract disputes clause. 

Disputes and Appeals

Procedures and requirements for asserting and resolving claims 

subject to the Disputes Act (FAR 33.202) are contained in 41 U.S.C. 

7101. The rules for handling contract disputes and appeals are the same 

in contingency environments as they are for routine operations at home 

base. As discussed, the CCO should work diligently to resolve disputes 

at the CCO level through mutual agreement of the parties. As with bid 

protests, the CCO should seek legal support, which may be provided 

by a reachback attorney. Experience shows that early involvement by 

legal counsel before the contracting officer’s final decision can help 

avoid a contractor appeal. If an appeal is received, legal counsel can 

support the CCO in assessing and orchestrating a government response 

to the contractor appeal. The underlying record of evidence related to 

any contract dispute is critical to crafting the government’s response. 

By applying a few simple practices, the CCO can greatly enhance the 

underlying contract record and the government’s position in a contract 

appeal. DoD contractors should send appeals to the following address: 

Armed Services Board of Contract Appeals

Skyline 6, Room 703

5109 Leesburg Pike

Falls Church, VA 22041-3208

703-681-8500 (general)

703-681-8502 (recorder)

703-681-8535 (fax)

asbca.recorder@mail.mil (e-mail)

www.asbca.mil (website)

Chapter 7

Protests, Claims, Disputes, and Appeals
249

A few best practices. In general, contract disputes involve issues 

that develop over time and require a series of actions by the contractor 

and government personnel. In a contingency contracting environment, 

assembling an adequate contract record presents unique challenges. 

To mitigate these challenges, the CCO should employ the following 

simple tools in the contingency contracting office: 

• Digital and video images. As so often noted, a picture is worth 

a thousand words. Case law and experience demonstrate that 

evidence obtained concurrently with contract performance or a 

disputed event generally is given greater weight than evidence 

cobbled together after contract litigation begins. The CCO 

should ensure that inspectors, quality assurance personnel, 

CORs, and other representatives make it a standard practice 

to use digital cameras when able. This approach is particularly 

valuable for vehicle leases in the area of responsibility (AOR). 

Pictures and videos should be e-mailed immediately to the 

CCO for review and should be included as part of the contract 

file. Such pictures are especially useful for assessing, if not 

enhancing, the strength of the government’s case. 

• Accounting for personnel turnover. The turnover of 

government personnel involved in contingency contracting 

actions impedes developing the government’s case in an appeal. 

The CCO should work with J1, Manpower and Personnel, to 

ensure that key witnesses, past and present, can be located. The 

CCO must employ a personnel locator process that permits 

the CCO and successors to identify and locate witnesses, 

including personnel who redeploy away from the contingency. 

At a minimum, the CCO should inform key personnel about 

the appeal and their associated roles and should ensure that the 

government can locate them if necessary. 

Chapter 7

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250 Defense Contingency Contracting Handbook

• Contract files and related documentation. The key to 

success in prosecuting any contract dispute is the availability 

of contract documents. Without the necessary documents, a 

case is seriously weakened. Hence, the CCO should establish 

an administrative process for obtaining and filing the 

documentation that underlies a contract action. 

• Storage and retrieval. The CCO should consider developing 

an electronic contract file where documents, digital pictures, 

charts, and other records can be readily stored and retrieved. 

CCOs also should make an electronic copy of all e-mails 

pertaining to claims and should include them with the contract 

file before leaving the AOR. This documentation might be 

needed later to assist with claims. 

• Appeals. As appropriate, the CCO should use the reachback 

legal office to assemble the underlying record for any contract 

appeal, referred to as the “Rule 4 file” (DFARS Appendix A, 

Rules 19 and 20). At this point, the CCO practice of establishing 

an electronic contract file pays significant dividends. 

Contract Settlements and Alternative Dispute 

Resolution

If a dispute cannot be resolved between the parties, a protracted 

litigation process often results. To avoid distracting, time-consuming 

litigation, the CCO may consider negotiating a settlement with the 

contractor or using more formal ADR procedures (FAR 33.214). In 

either event, the CCO should always seek the assistance and support of 

legal counsel. As stated previously, CCOs should regard legal counsel 

as useful problem-solvers who can help negotiate settlements or pursue 

ADR measures, expediting the resolution of contractor disputes 

Chapter 7

Protests, Claims, Disputes, and Appeals
251

and reducing negative impacts on the mission. A timely agreement 

developed by the parties—rather than a decision resulting from 

litigation—is better in maintaining a continuing business relationship 

with the contractor and other industry partners during a contingency. 

ADR elements. The essential ADR elements are (1) existence of an 

issue in controversy, (2) voluntary election by both parties to participate 

in the ADR process, (3) agreement on an alternative procedure and 

terms, and (4) participation in the process by officials of both parties 

who have the desire and authority to settle the dispute. If ADR is used, 

the CCO should consider the following tips before beginning: 

• Know your facts. 

• Avoid using words and body language that might produce a 

negative reaction. 

• Be professional, and observe local customs at all times. 

• Develop an appreciation for the other side’s viewpoint. 

• Diffuse hostilities and conflict at the start. Facilitate an 

environment where direct communication can take place to 

allay confusion as to what the parties are working to achieve. 

• If using a mediator or facilitator, talk to the other side, not the 

mediator, who is there to help, not to judge. 

• Consider the time and cost when conducting dispute resolution 

efforts. 

• Use simple, clear, and concise language, and recognize that 

most people want to settle a dispute. 

Claims under Alternative Disputes Resolution (ADR) Elements.

If a claim has been submitted, ADR procedures may be applied to 

all or only part of the claim. If ADR is used subsequent to a CCO’s 

final decision, its use does not alter any of the time or procedural 

Chapter 7

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252 Defense Contingency Contracting Handbook

requirements for filing an appeal, nor does it constitute reconsideration 

by the CCO of the final decision. 

Continued performance. If a determination is made under agency 

procedures that continued performance is necessary pending resolution 

of any claim arising under (or relating to) the contract, the CCO must 

use the disputes clause (FAR clause 52.233-1 and Alternate I when 

applicable). 

Reminder. The CCO must remember to insert FAR clause 52.233-

1, “Disputes,” in all solicitations and contracts unless the conditions in 

FAR 33.203(b) apply. Also, the CCO must insert FAR clause 52.233-4, 

“Applicable Law for Breach of Contract Claim”—which states that U.S. 

law applies during breach of a respective contract—into all solicitations 

and contracts. 

Request for equitable adjustments. Government policy is to try 

to resolve all contractor REAs at the contracting officer level without 

litigation. If a mutual agreement regarding an appropriate equitable 

adjustment to the contract cannot be reached with the contractor, the 

contractor can submit a claim. The contracting officer must then issue 

a final decision on the contractor claim (see Chapter 7). The CCO 

should ensure the contract file is updated to include REA supporting 

documentation, correspondence and the CCO’s final decision. 

A valid final decision by the contracting officer must meet the 

following conditions (FAR 33.211): 

• Be recorded in writing.

• Be the decision of the contracting officer.

• Inform the contractor of the right to appeal. 

• Adequately inform the contractor of the reasons for the 

contracting officer’s decision. 

See your legal counsel for support as needed. 

Chapter 7

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253

Additional References

The following references were not mentioned in this chapter but 

offer additional information related to protests, claims, disputes, and 

appeals:

• 10 U.S.C. 2305, Contracts: Planning, Solicitation, Evaluation, 

and Award Procedures

• 5 U.S.C. 504, Costs and Fees of Parties

• 5 U.S.C. Chapter 5, Subchapter IV, Alternative Means of 

Dispute Resolution in the Administrative Process

• 10 U.S.C. 2324, Allowable Costs under Defense Contracts.

Chapter 7

Protests, Claims, Disputes, and Appeals
8. Cultural

Awareness

Chapter 8

Cross-Cultural Competence 

and Situational Awareness

CHAPTER CONTENTS

Key Points......................... 255

Introduction....................... 256

Cross-Cultural 

Competence ..................... 256

Situational Awareness ...... 265

OPSEC............................. 265

Communication with 

Vendors (Elicitation, 

Espionage, and 

Subversion)....................... 267

Antiterrorism and 

Security............................. 268

Personal Security and 

Situational Awareness ...... 270

Personnel Recovery ......... 271

Additional References....... 272
255

Key Points

• Contracted support can have a direct strategic impact on civil 

aspects of the operation. Contingency contracting officers 

(CCOs) control, directly or indirectly, a significant amount of 

spending that can be targeted to improve economic conditions 

on the ground.

• The purpose of cross-cultural competence is to enable the 

CCO and deployed forces to be more effective operating in 

cross-cultural situations. Developing cultural competence 

results in an ability to understand, communicate with, and 

effectively interact with people across different cultures.

• CCOs must be familiar with the statutes, directives, treaties, 

and agreements that will affect contracting operations when 

they are deployed.

• CCOs are a valuable member of the team, who engage with 

leadership, customers, contractors, and local nationals.

• As a CCO you may be assigned to an agency or Service 

outside your own. You must learn the culture of the agency 

you support.

• Most contractor business overseas is conducted by negotiation. 

Therefore, negotiating for lower prices is a normal business 

practice.

• CCOs must be aware of antiterrorism countermeasures and 

security. Mobility and adaptability are key in performing CCO 

duties, which can include traveling outside the wire in hostile 

areas.

• CCOs must be aware of the risks associated with contracting in 

contingency environments. For example, they must maintain 

Chapter 8

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256 Defense Contingency Contracting Handbook

information on operations security (OPSEC) during all 

activities.

• Contracting is an integral part of counterinsurgency (COIN). 

One of the most important contributions a CCO makes is 

impacting the human terrain and building habitual relationships 

with the local community.

Introduction

As a CCO, you travel to many places around the globe to 

support the assigned mission. This chapter addresses the nuances 

of supporting contracts in foreign environments, including business 

advisor considerations, antiterrorism and security, antiterrorist 

countermeasures, and OPSEC. These issues often are inherent in doing 

business in a foreign country. 

Cross-Cultural Competence

Cultural competence comprises four elements: (1) awareness of 

one’s own cultural worldview, (2) attitude toward cultural differences, 

(3) knowledge of different cultural practices and worldviews, and 

(4) cross-cultural skills. The cognitive ability of a CCO to recognize 

and practice these skills helps achieve the cross-cultural effectiveness 

critical in expeditious contract support in contingency environments. 

Cross-cultural competence challenges a CCO to learn the societal 

worldview of the host nation (HN) and find ways to put any cultural 

differences aside in order to work as a unified team to achieve unity of 

effort. 

Cross-cultural competence. As noted, CCOs should try to learn 

as much as possible about the country in which they will be deployed. 

The J2 (Intelligence), Department of State (DOS), Central Intelligence 

Agency (CIA), U.S. Agency for International Development (USAID), 

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and other organizations can support the CCO in understanding HN 

cultures, customs, business practices, and laws before deployment. 

A CCO can better operate in an unfamiliar foreign environment by 

doing the following: 

• Humble yourself as a guest and respect the HN and its customs. 

As a CCO, part of your mission is to be an ambassador, build 

trust, and form habitual relationships with the local nationals 

the United States is supporting. 

• Try to understand the culture and customs. Learn the local 

language for pleasantries such as “please,” “thank you,” 

“you’re welcome,” and emergency phrases such as “I need a 

policeman,” “I need a doctor,” “help,” and “fire.”

• Learn about the business environment and infrastructure in 

which you are operating. For example, some cultures rarely 

perform business functions early in the day, so plan your 

meeting times to accommodate them. Also, realize that your 

sense of urgency does not always translate to those in other 

cultures. As a CCO, you must respect this difference but still 

find ways to ensure supplies and services are delivered on time.

• Recognize that an informed visitor is a safer visitor. 

• Recognize that other nations might not have lifestyles and habits 

similar to those of the United States. Resist the temptation to 

make value judgments or criticize. 

• If you are a female CCO, recognize that contractors may resist 

or even refuse to conduct business with you because of gender. 

(Gender equality is not recognized internationally, and this 

issue is prevalent in the Middle East.) Although the situation 

is unfair and burdensome, try to find ways to work around this 

cultural difference. Try using a male interpreter. 

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• Establish a genuine rapport with local nationals, who can 

forewarn you of suspicious activities and impending attacks, 

and can assist in preventing grave social errors that could 

offend other local nationals and negatively impact operations. 

If you receive information, take it seriously and ensure you 

know how to report it; your life and those around you may 

depend on it.

• Avoid becoming involved in local politics, and steer clear of 

civil disturbances. 

• When able, carry a cell phone or radio with you and travel in 

teams. Learn how to use local telephones, and keep sufficient 

pocket change on hand to use them. 

• Try to blend in with the local environment as much as possible, 

including your clothing and mannerisms (do not talk loudly 

or use hand gestures). For example, rather than going to 

popular restaurants and establishments frequented by U.S. 

personnel, try local establishments (if authorized) suggested 

by trusted local national advisors and approved by your 

chain of command. Tourist attractions can become targets for 

trouble.

• Be aware of forbidden areas posted by your supporting 

intelligence agency. If major attractions in the country have 

security problems, stay away. Instead, try to keep a low profile 

by visiting less frequented places. 

• Get to know all mission partners and nonpartners operating in the 

operational area, including interagency and interorganizational 

ones. Understand the operational environment and strategy to 

meet mission goals and objectives, as well as the business 

environment and infrastructure, to ensure activities and events 

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are applied in a manner that is culturally appropriate and leads 

to positive results.

Ethics. Ethical standards in the United States differ from those in 

other parts of the world. Another nation’s common business practices 

can get a CCO into trouble. When ethical or procurement integrity 

requirements conflict with local practices, you should explain to 

contractors the restrictions placed on U.S. procurement officials. 

All personnel, not just CCOs, must be conscious that many business 

cultures expect kickbacks, “finder’s fees,” exchanges of gifts, or other 

gratuities illegal for U.S. personnel to provide or accept. Review and 

become very familiar with Department of Defense (DoD) 5500.07-R, 

Joint Ethics Regulation, and other laws and regulations as depicted on 

the DoD Office of the General Counsel’s website. The mission depends 

on your ability to legally and ethically provide goods and services to the 

warfighter regardless of your environment. 

Foreign business practices. Many foreign business cultures 

encourage the use of deceptive techniques during negotiations. Be 

aware of this and document all transactions and correspondence, as 

corruption levels often influence outcomes. For example, you may 

discover that a contractor has restricted competitors by bribing or 

threatening them. Furthermore, contractors might promise more 

than they can deliver or faster timelines than are actually possible. 

Always ask for specific details about delivery capabilities and ask the 

contractor to provide a delivery plan and schedule. Also, you should 

inspect sites and physically observe the procured items when possible, 

ensuring they meet the specifications in the contract. Be familiar with 

how deliveries are made at your location and ensure a viable system 

is in place that has been vetted through leadership and security. Last, 

ensure payments are made for legitimate supplies and services only in 

accordance with contract terms and conditions. See Federal Acquisition 

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Regulation (FAR) Part 25 and Defense Federal Acquisition Regulation 

Supplement (DFARS) Part 225 for more information on executing 

foreign acquisitions. 

Negotiating practices. Like other business elements, negotiation 

practices can vary greatly depending on the area in which you are 

deployed and supporting. When obtaining the price of an item or 

service, keep in mind that the first price quoted is usually only a 

contractor’s starting position. Foreign contractors with which CCOs 

conduct business can be shrewd negotiators; understand that negotiating 

for lower prices is often viewed as a normal business practice. Setting 

a pre-negotiation objective and conducting several exchanges with the 

vendor can help reduce prices and obtain services and supplies quickly. 

Regardless of the negotiation scenario, CCOs must remember that they 

are responsible for determining fair and reasonable prices before award. 

Further, negotiations must be documented (see Chapter 6). 

In determining price reasonableness, the CCO must consider the 

following:

• Availability of the needed supply or service in the local 

marketplace

• Feasibility of meeting the need from outside the local area

• Issues with customs or clearing agencies for deliveries

• Ability to secure delivery within the requested time frame

• Urgency of the requirement

• The need to build the local economy (you may be tasked with 

local “country-first” procurement programs, similar to U.S. 

Central Command’s [CENTCOM’s] previous procurement 

initiative to procure from the Central Asian States), as 

prescribed in DFARS 225.7703 and CENTCOM Policy Letter 

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40, “Acquisition of Products and Services in Central Asian 

States.48

(See FAR 13.106-3(a), 15.405, and 15.406 for more specific 

information on price negotiation and determining price reasonableness 

depending on the type of acquisition procedures used. See also Chapter 

5 for additional information on negotiating practices.)

Oral agreements. The prevalent practice in many countries is to 

conclude an agreement or contractual understanding with nothing 

more than a handshake. This approach may be used at the outset of 

the contingency, humanitarian assistance, or peacekeeping operation, 

but should be followed quickly with a written contract. Vendors can 

view contracts written in English with suspicion and sometimes anger. 

Obtaining a vendor’s signature on a contract can become a challenge. 

When a local vendor refuses to sign contractual documents, the 

ordering officer (OO), field ordering officer (FOO), and CCO must either 

document the file with a memorandum for the record or annotate the 

unsigned contractual document. CCOs, OOs, and FOOs should ensure 

that another U.S. Government official countersigns the document. Once 

a contract is performed and the contractor is paid, relations between 

vendors and government representatives (the CCO and the government 

team) should improve. CCOs should remember to always keep oral 

communications simple and straightforward. Light-hearted joking and 

sarcasm can sometimes be misinterpreted through translation and can 

be insulting to some cultures. 

Local business practices. Local business practices in a less-thanstable environment and the contractor’s lack of knowledge of DoD 

payment procedures might require CCOs to arrange for immediate 

48 CENTCOM Policy Letter 40, “Acquisition of Products and Services Produced in the Central 

Asian States (CAS),” June 26, 2012.

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payment after completion and acceptance of work. (Chapter 5 describes 

payment procedures.) CCOs should understand that interaction with 

local nationals often requires patience and lengthy conversations. Plan 

to engage in discussions in unfamiliar areas but be mindful of OPSEC. 

Be aware of your surroundings and who might be listening to the 

conversation, and take care not to reveal the details of your mission. 

Interpreter services. CCOs should be prepared to deploy to 

locations where the local contractors speak little or no English. In 

these situations, CCOs need the services of interpreters. The CCO, in 

consultation with the requiring activity, deems some interpreters as 

mission-essential contractor employees. Mission-essential interpreters 

have managerial or technical skills not commonly found in the general 

population. CCOs should contact the embassy for a list of approved 

interpreters. In the absence of embassy support, CCOs may check with 

hotels, telephone books, or bus drivers for tour operations. Contacting 

local schools and colleges for assistance in locating interpreters 

is another option. You should, however, be cautious about using 

interpreter services from unapproved sources and, where applicable, vet 

interpreters through the Office of Special Investigations (OSI), Criminal 

Investigation Command (CID), Naval Criminal Investigation Service 

(NCIS), or the embassy for security approval. Be respectful of the 

interpreters’ time, as they can become overwhelmed. Get to know the 

interpreters and notice whether their behavior changes around certain 

contractors or locations. This can be useful awareness to have when 

conducting business transactions and considering OPSEC procedures. 

Limitations. Deployed CCOs do not have the authority to negotiate 

or enter into agreements with foreign governments. For example, as a 

CCO you cannot enter into a contractual agreement with the Philippines 

Government to provide interpreter services. That level of contracting 

is handled by DOS and senior DoD officials. If an HN agreement with 

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a foreign government is in place already, you may be able to place an 

order against it. You should obtain authority through the head of the 

contracting activity (HCA) to work with the HN support office to write 

priced delivery orders against the agreement. If a new agreement is 

needed, you may request its creation through the HN support office. 

Multinational programs. A deployment is highly likely to 

involve coalition forces and capabilities coming from interagency, 

intergovernmental, and nongovernmental partners, with emphasis on a 

multinational perspective. The CCO should know that the international 

environment is governed by a myriad of statutes, directives, treaties, 

and implementing arrangements for conducting transactions. Guidance 

on these matters should be sought from the HN support team, combatant 

command J4 (Logistics), joint interagency coordination group or 

directorate responsible for interagency coordination, and U.S. Embassy. 

For contingency and exercise operations in a foreign country (and 

acquisitions under provisions of mutual support logistics between the 

U.S. Government and the government of eligible countries), options 

include HN support agreements, assistance-in-kind agreements, status 

of forces agreements (SOFAs), and acquisition and cross-servicing 

agreements (ACSAs) (see Chapter 4 for a discussion of ACSAs). CCOs 

must understand the role of each of these types of agreements, their 

function, and their advantages and disadvantages. 

Customs and taxes. Many times, SOFAs address contracting 

support related to legal obligations (such as taxes and customs), as well 

as the process and documentation needed for an exemption. Issues 

arising from problems with customs can be burdensome. The better the 

CCO understands the process and the political climate, the easier it is to 

work with the customs agents. Too often, supplies that require delivery 

through an HN entry port become frustrated freight, and the delays 

can be critical to the mission. You may have to seek help from higher 

authorities to help remedy the release of frustrated deliverables. Contact 

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the customs office or U.S. embassy for additional guidance, especially 

if local procedures do not exist. 

Additional Resources. The resources below can assist CCOs 

become familiar with the host nation, especially during initial operations 

in unfamiliar areas: 

• The CIA offers a World Factbook, which contains information 

on the history, people, government, economy, geography, 

communications, transportation, military, and transnational 

issues for 267 world entities.

• The WorldSmart Resource Center offers global information, 

including currencies, gestures, measurements, telephone 

codes, and voltages.

• The Defense Language Institute Foreign Language Center 

offers culturally based education in more than 40 languages. 

The center’s website offers downloadable products for 

predeployment training, deployment use, or refresher training.

• The U.S. Marine Corps Center for Advanced Operational 

Culture Learning (CAOCL) contains information on regional 

cultures and languages to support planning and operations 

in a joint expeditionary environment. The CAOCL website

includes specific cultural links related to Operation Iraqi 

Freedom, Operation Enduring Freedom, United States Africa 

Command (AFRICOM), United States Pacific Command 

(PACOM), United States Southern Command (SOUTHCOM), 

and CENTCOM.

• The Air Force Air University website offers sociocultural and 

language resources.

• The Defense Language Institute’s Foreign Language Center

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offers “Country in Perspective” and cultural orientation 

videos. 

Situational Awareness

Situational awareness involves never letting your guard down while 

constantly observing and understanding your surroundings. CCOs 

should remain situationally aware at all times, trusting their instincts 

and relying on their training. Especially during initial contingency 

operations, CCOs may travel outside the wire in convoys or with 

personal security details (PSDs) to visit sites, attend meetings, meet 

with local contractors, and handle cash-and-carry transactions. They 

must understand local security procedures and protocols. Include 

others from the acquisition team when feasible, and do not hesitate 

to request security assistance while in hostile areas. Seek out secure 

locations to meet with contractors. For example, if you are supporting 

a mission not located at an established forward operating base (FOB), 

you may not have an office or established meeting area. Work with the 

supporting security personnel to determine a safe location for meeting 

and communicating with contractors. Check local standard operating 

procedures (SOPs) and acquisition instructions (AIs), if developed, for 

additional information on these types of situations. 

OPSEC

Awareness. Awareness of security fundamentals allows CCOs 

to focus their attention on the security measures needed during 

emergencies and in certain peacetime operations. OPSEC is a broadbased security program designed to prevent all types of sensitive 

information from falling into the wrong hands. Such information 

can be extremely valuable to adversaries of the United States. It 

can provide intelligence indicators of daily operations and, more 

important, future plans and activities. For example, if you are expected 

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to conduct missions away from your base or embassy and overnight 

accommodations are needed, contact joint staff intelligence (J2) for 

information on areas been vetted for various security and intelligence 

concerns. Also, contact J2 to receive the most recent threat brief, which 

will provide critical information for you to keep in mind.

Definition. OPSEC is the process of identifying critical information 

and subsequently analyzing friendly actions attendant to military 

operations and other activities to accomplish the following: 

• Identify actions that can be observed by adversary intelligence 

systems. 

• Determine indicators that an adversary’s intelligence 

operatives might obtain that could be interpreted or pieced 

together to produce critical information (in time to be useful). 

• Select and execute measures that eliminate (or reduce to an 

acceptable level) the vulnerabilities of friendly actions to 

adversary exploitation. 

The key to successful OPSEC is identifying indicators that are 

tipoffs of impending activities, such as stereotyped SOPs or, in some 

cases, observable deviations from normal operations. 

Process. OPSEC is a continuous, systematic process involving 

security and common sense. It is used to analyze operational plans or 

programs to detect any weakness that could give useful information to 

adversaries or potential adversaries. The most important steps in the 

process are as follows: 

• Knowing the unit’s mission 

• Recognizing the adversary’s intelligence threat to the unit 

• Being aware of the unit’s critical information (essential 

elements of friendly information)

• Identifying indicators that might disclose or point to this 

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information 

• Developing protective measures to eliminate these indicators 

• Being constantly alert for vulnerabilities in the unit. 

Communication with Vendors (Elicitation, Espionage, 

and Subversion)

Over time, CCOs develop a rapport with most of the foreign 

contractors with whom they deal. However, CCOs must be wary of 

statements to even the most trusted of contractors. A CCO might find 

that contractors are soliciting information of possible intelligence 

value. For example, a CCO might be asked about the likelihood that an 

exercise will be conducted soon, number of people on the base, or when 

additional personnel will arrive. CCOs must immediately report any 

suspicious activities to the

• Army Criminal Investigation Division, 

• Air Force Office of Special Investigations, 

• Naval Criminal Investigative Service, or 

• local security personnel.

CCOs must always be mindful of what is discussed with the contractor 

base. Likewise, information in contract requirement documents should 

be secured to the maximum extent practicable. Information should be 

limited only to people who have a need to know. Disclosure of certain 

contractual information (such as completion dates, troop movement, 

and delivery locations) could harm the operational mission. Be cautious 

of how your documents are disposed of, and ensure you follow proper 

disposal protocol for your location and mission.

CCOs also should be cautious when using satellite communications, 

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cellular phones, and e-mail. These methods of communication generally 

are not secure and should be used with the understanding that the 

information can be intercepted. Ensure all communications are secured 

in accordance with the level of classification of your documents and 

mission. 

Gaining the trust of the local communities, especially the contractors 

that supply needed goods and services, is vital to the success of your 

contracting mission. Remember, the presence of danger is very real for 

the local nationals as well as the deployed force. Many contractors live 

in the local area, and doing business with the U.S. Government can be 

dangerous for them and their families. CCOs must take all precautions to 

ensure that a contractor’s personal information is protected. In addition, 

CCOs should consider the possibility that local contractors might need 

to be billeted on the base to reduce the security risk to themselves and 

their families, thus changing their status to contractors authorized to 

accompany the forces (CAAF). See DFARS Part 225 for additional 

information on foreign acquisition requirements. Before publicizing 

award notifications and other contracting data, CCOs should check the 

local policy and procedures regarding the public posting of information. 

In austere and hostile locations, postings may not be authorized. 

Antiterrorism and Security

Threat factors. CCOs should ask the following eight questions to 

understand threats in the local environment: 

1. Do terrorist groups operate in the area? 

2. Are they violent? 

3. Do they attack U.S. personnel? 

4. How active are they? 

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5. How sophisticated are they? 

6. How do they operate? 

7. How much popular support do they enjoy? 

8. Do they use common tactics? 

DOS publishes annual Country Reports on Terrorism, which 

identify terrorist groups and describe their actions against U.S. citizens 

and personnel. Your intelligence officer and chain of command are also 

sources of information on terrorist groups in the area. In addition, CCOs 

should monitor stories in the newspaper, on radio, and on television. 

If terrorist groups are operating in the area, the CCO needs to 

know their level of sophistication—whether they use highly targeted, 

carefully planned attacks or simply explode bombs randomly in public 

places. Knowing how the terrorist groups operate will enable the CCO 

to avoid danger spots and detect evidence of an attack before it occurs. 

For example, some terrorists study their targets for a month or more 

to carefully plan an attack. If CCOs know how to detect this type of 

surveillance, they can take protective steps and report the information 

to the intelligence officer. 

Knowing whether a terrorist group has local popular support is 

also important. If not, the local population is more likely to warn U.S. 

personnel about events leading up to an attack. DoD and agencies of the 

U.S. Government study these factors to help protect U.S. forces. The 

CCO’s personal awareness can contribute to these efforts. CCOs must 

always be attentive to their surroundings and ready to react at the first 

sign of danger. 

Target selection and identification. A useful exercise for the CCO 

is trying to take the terrorist’s view and determining whether the CCO 

stands out as a U.S. military official, spends time with large groups of 

U.S. troops in public, behaves (individually or in groups) in a way that 

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draws attention, or appears to be an important person. Large groups 

of U.S. personnel can be an inviting target. Terrorists also identify 

and target specific individuals by name, so personal CCO information 

must be protected to minimize exposure. Moreover, terrorists might 

target people who appear to be important, whether they agree with that 

assessment or not. Before launching an attack, terrorists must perceive 

the CCO, associates, or location as a target. Thus, CCOs must make 

every effort not to be an easy target. 

Personal Security and Situational Awareness

As mentioned, CCOs may be required to travel outside of the 

installation, putting themselves at risk. OSI, CID, NCIS or other 

security forces personnel can brief you on potential risks and may even 

accompany you and your convoy as part of standard force protection 

practices. You should also consider the following:

• Maintain mapped-out routes—with Global Positioning System 

(GPS) grid coordinates if possible—to nearby U.S. Embassy 

or Consulate offices, other ally-nation embassies, local police 

stations, hospitals, and other safe havens.

• Enroll in the DOS Smart Traveler Enrollment Program (STEP) 

to receive alerts and warnings via e-mail for specific regions, 

countries, and cities.

• Carry a “drop wallet” or briefcase that contains newspapers or 

other non-value items. The wallet or case should not contain 

any personally identifiable information (PII), but may contain 

a nominal amount of local currency funds. This can be passed 

off as your personal wallet or case to an assailant should you 

find yourself in a burglary, pirate, or theft situation.

• Limit your communications involving currency and funding. 

Publicly discussing this information can make you a target. 

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Real-World Example: In recent operations, local contractors gave members of the deployed 

force valuable intelligence, such as the location of improvised explosive devices (IEDs) along 

the roadside.

The Bottom Line: Building solid professional relationships with support contractors can 

help strengthen your situational awareness. Build strong relationships, but do so with a 

watchful eye.

Personnel Recovery

“Personnel recovery” is the sum of military, diplomatic, and civil 

efforts to prepare for and execute the recovery and reintegration of 

isolated personnel.

Isolated personnel. “Isolated personnel” are U.S. military personnel, 

DoD civilians, and contractor personnel (and others designated by the 

president or Secretary of Defense) who are separated from their units (as 

an individual or group) while participating in a U.S.-sponsored military 

activity or mission and are (or may be) in a situation where they must 

survive, evade, resist, or escape.

Personnel recovery requirements. The geographic combatant 

commander and subordinate commands must plan for the possible 

isolation, capture, or detention of contractors by adversarial 

organizations or governments. Contractors must be included in the 

personnel recovery plan, as demonstrated in the Joint Operation 

Planning and Execution System (JOPES), subordinate operational 

orders and plans, and contractor integration plans. Regardless of the 

threat environment, contracts should require contractors to complete 

training in personnel recovery, prepare DoD Form 1833, “Isolated 

Personnel Report (ISOPREP) Instructions,” and prepare an evasion 

plan of action. Contracts also should clearly identify the organization 

and responsibility for (1) ensuring that personnel recovery training 

is accomplished and ISOPREPs and evasion plans of action are 

included in the theater personnel recovery plan, and (2) recovering and 

reintegrating isolated contractors. Reference FAR clause 52.225-19, 

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272 Defense Contingency Contracting Handbook

“Contractor Personnel in a Designated Operational Area or Supporting 

a Diplomatic or Consular Mission Outside the United States,” and 

DFARs Clause 252.225-7040, “Contractor Personnel Supporting U.S. 

Armed Forces Deployed Outside the United States,” in the contract’s 

personnel recovery section. 

(Joint Publication 3-50 and DoD Directive 2310.2 focus on personnel 

recovery and contain additional information on personnel recovery 

planning and development of ISOPREPs and evasion plans of action. 

Chapter 4 includes additional information on personnel recovery as 

related to planning.)

Additional References

The following references were not mentioned in this chapter but 

offer additional information related to cross-cultural competence and 

situational awareness:

• DoDI 3000.05, Stability Operations

• JP 3-24, Counterinsurgency

• JP 3-26, Counterterrorism

• JP 3-07.2, Antiterrorism (available through JEL+ at the Joint 

Electronic Library)

• JP 3-29, Foreign Humanitarian Assistance.

Chapter 8

Cross-Cultural Competence and Situational Awareness
9. Domestic Emergency

Response

Chapter 9

Domestic

Emergency

Response

CHAPTER CONTENTS

Key Points......................... 274

Introduction....................... 275

DoD Response to 

Domestic Emergencies..... 277

Domestic Emergency 

Acquisition Flexibilities...... 281

Other Considerations........ 285

Advance Planning for 

Emergencies 

at the Home Station.......... 288

On-Scene Operations....... 295

Additional References....... 303
274 Defense Contingency Contracting Handbook

Key Points

• The Federal Emergency Management Agency (FEMA), a 

branch of the Department of Homeland Security (DHS), is the 

lead federal agency responsible for coordinating contracting 

support for domestic emergency operations.

• The Department of Defense (DoD) does not augment FEMA 

or other federal agencies with contracting staff but can support 

specific contracting-related tasks as directed by the president 

or the Secretary of Defense (SecDef).

• Military forces working on domestic support operations 

should minimize contracted support to the deployed force to 

avoid competing with other support efforts for limited local 

resources.

• Many domestic support operations are handled at the state 

level. In these cases, U.S. Army and Air National Guard units 

provide military support under state active duty or under 32 

United States Code (U.S.C.).

• Contingency contracting officers (CCOs) can be expected to 

respond to disasters on or around bases, especially when DoD 

assets are involved. 

• It is critical to know how to plug into a multi-functional 

response effort when DoD is not the lead agency but is called 

upon for assistance by FEMA or other lead federal agencies.

• Acquisition and emergency acquisition f lexibilities are 

identified in Federal Acquisition Regulation (FAR) part 18 and

Defense Federal Acquisition Regulation Supplement (DFARS) 

part 218.

Chapter 9

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275

• The Robert T. Stafford Disaster Relief and Emergency 

Assistance Act applies to emergency declarations or major 

disaster declarations. 

• The small business policies and procedures in FAR part 19

and DFARS part 219 apply when consistent with preferences 

provided to local businesses. 

• Contracting officers are fully authorized to innovate and use 

sound business judgment that is otherwise consistent with law 

and within the limits of their authority.

• Contracting units must practice regularly for responses 

to domestic emergency incidents and create standardized 

procedures for local response efforts. 

• The entire spectrum of human-made and natural disasters 

must be anticipated.

Introduction

As a CCO, you may be called upon to provide acquisition support 

to different types of domestic emergency operations. Domestic 

emergencies can affect the public welfare, endanger life and property, 

and/or disrupt government operations. Domestic emergencies can 

result from an enemy attack, natural disasters (such as hurricanes, 

tornadoes, earthquakes, floods, or fires), or human-made disasters 

(such as dirty bombs, insurrections, or civil disturbances). Private 

industry continues to play a vital role in response efforts to support 

recovery and reconstruction and deliver essential items such as ice, 

water, and food supplies. CCOs need to establish a robust contracting 

support network and understand those involved in domestic emergency 

operations in order to effectively support contracts. The effectiveness of 

domestic contracting operations after a disaster such as an earthquake, a 

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276 Defense Contingency Contracting Handbook

hurricane, a tornado, a flood, or other severe weather conditions depends 

on advance planning and preparation and a thorough understanding of 

how to partner with local, state, and other federal agencies to execute 

domestic emergency acquisitions.

This chapter discusses the emergency response actions a CCO 

can take in support of relief and recovery operations after a domestic 

emergency and the emergency acquisition flexibilities available to 

support the respective operation. It also provides guidance to help 

contracting offices that support the mission before, during, and after 

an emergency at their home stations. Although this chapter discusses 

many topics covered elsewhere in the handbook, it does so from 

the perspective of domestic emergency responses. (The Emergency 

Acquisitions Guide, issued by the Office of Federal Procurement Policy 

[OFPP], contains additional DoD contracting information regarding 

domestic emergency response.)

Real-World Example: On October 28, 2012, the president authorized an emergency 

declaration for the states affected by Hurricane Sandy. The president’s actions authorized 

FEMA to coordinate all disaster relief efforts to provide assistance for required emergency 

measures directly to state, tribal, and local governments to save lives and protect property and 

public health and safety. The president directed FEMA to ensure federal partners continue to 

bring all available resources to bear to support state, local, territorial, and tribal communities 

in Hurricane Sandy–affected areas. The SecDef directed DoD to provide any available 

disaster response resources requested by FEMA and state authorities as states throughout 

the Northeast began to recover from Hurricane Sandy. DoD coordinated with FEMA, U.S. 

Northern Command, and the National Guard Bureau on providing life-saving and -sustaining 

assets to FEMA and governors, as requested.49

The Bottom Line: The 2012 National Defense Authorization Act built on earlier legislation 

to enable individual states and DoD to coordinate their efforts through a single commander, 

usually a National Guard officer, who is given tactical control of both state-controlled National 

Guard forces and DoD military forces. While state and federal military forces maintain 

separate and distinct chains of command, this dual-status commander leads all military forces 

and directs their response efforts, achieving a unified effort. During Hurricane Sandy, this 

unified effort enabled much-needed assistance from DoD to move quickly to support states.50

49 American Forces Press Service, “DoD, FEMA, Other Agencies Aid Storm-Affected Areas,”

October 30, 2012.

50 Gen. Charles H. Jacoby Jr. and Gen. Frank J. Grass, “Dual-Status, Single Purpose: A Unified 

Military Response to Hurricane Sandy,” March 11, 2013.

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277

 DoD Response to Domestic Emergencies

When the president issues an emergency declaration after a natural 

or other major disaster, it gives the federal government the authority 

to engage in various emergency response activities. The president or 

SecDef can then direct DoD assets to support response efforts. CCOs 

need to note that a large portion of the federal response is through 

contracts with private businesses, including those for debris removal, 

reconstruction, and the provision of supplies.51 The Secretary of 

Homeland Security is responsible for coordinating federal operations in 

the United States to prepare for, respond to, and recover from terrorist 

attacks, major disasters, and other emergencies. For most emergency 

operations in the United States, FEMA serves as the lead federal agency 

and supports local, tribal, or state authorities under the provisions of the 

Stafford Act and guidance in the National Response Framework (NRF). 

DoD supports these missions by providing defense support of civil 

authorities (DSCA). Figure 9-1 shows the national response framework 

for domestic emergencies.

Figure 9-1. National Response Framework

51 Government Accountability Office (GAO), Disaster Recovery: Federal Contracting in the 

Aftermath of Hurricanes Katrina and Rita, GAO-11-942T, September 15, 2011.

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CCOs should also note that DoD response to domestic incidents is 

almost always the last resort. All DoD support to disaster response is 

temporary, and the end state is the transfer of all emergency functions 

back to civilian authorities.52

Defense support of civil authorities (DSCA). As defined in DoD 

Directive 3025.18, DSCA is support by U.S. federal military forces, 

DoD civilians, DoD contract personnel, DoD component assets, and 

National Guard forces, in response to requests for assistance (RFAs) 

from civil authorities for domestic emergencies, law enforcement, 

and other domestic activities. DSCA is initiated by a request for DoD 

assistance from civil authorities or qualifying entities or is authorized 

by the president or SecDef. Contracting support for homeland security 

operations is similar to the support for foreign contingency contracting. 

DoD Domestic Preparedness Support Initiative (DPSI). Located 

in the Office of the Assistant Secretary of Defense for Homeland 

Defense and Americas’ Security Affairs, DPSI coordinates DoD 

efforts to identify, evaluate, deploy, and transfer technology, items, 

and equipment to federal, state, and local first responders. CCOs need 

to understand this because it can help connect external agencies and 

support personnel to DoD programs, allowing them to leverage the 

government’s buying power to procure DoD technology and equipment 

while maximizing the use of American taxpayer dollars.53

National Response Framework (NRF). The NRF is an all-hazards 

plan—coordinated and managed by FEMA—that provides the structure 

and mechanisms for national-level policy and operational direction for 

incident management to ensure timely and effective federal support. 

The NRF specifies how federal departments and agencies will respond 

52 Center for Army Lessons Learned, Handbook 06-08, The Department of Defense (DoD) Role in 

Incident Response, May 2006.

53 See the DPSI webpage.

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to state, tribal, or local RFAs. The Secretary of Homeland Security 

executes overall coordination of federal incident management activities. 

(The FEMA website contains additional information on the NRF.)

Robert T. Stafford Act. The Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121–5206) authorizes the federal 

government to help state and local governments alleviate the suffering 

and damage caused by disasters. DoD assistance can be requested under 

Stafford Act or non–Stafford Act conditions. A Stafford Act incident 

is one in which state and local authorities declare a state of emergency 

and request federal assistance. The Stafford Act establishes programs 

and processes for the federal government to provide major disaster 

and emergency assistance to states, local governments, tribal nations, 

individuals, and qualified private nonprofit organizations. A non–

Stafford Act incident is essentially any of the other emergencies each 

year that do not necessarily overwhelm state and local authorities, but 

would benefit from federal assistance and coordination. The Secretary 

of Homeland Security is responsible for the overall coordination 

of federal Stafford Act and non–Stafford Act incident management 

activities. 

Requests for assistance (RFA). DoD assistance is requested 

by a lead federal agency (LFA) through a formalized RFA process. 

DoD capabilities and assets can greatly support domestic emergency 

response efforts but are normally requested only when other local, state, 

and federal capabilities and resources have been exhausted or when a 

military-unique capability is required. DoD handles RFAs on the basis 

of factors such as its categorization as a Stafford Act or non–Stafford 

Act event, urgency of the incident, establishment of a joint field office 

if a defense coordinating officer (DCO) or joint task force has been 

appointed, and originator of the request (such as incident command or 

state, regional, or national organization). 

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Contracting support for domestic emergency operations.

Normally, FEMA is the LFA in domestic emergency operations. 

Supporting DoD CCOs need to partner with other federal, state, and 

local agencies and coordinate acquisitions with the LFA and supporting 

personnel like DCOs. This will assist in procuring needed supplies and 

services effectively and efficiently and reduce duplication of effort, 

given the large number of agencies that could potentially be involved in 

the response. Military forces operating in domestic support operations 

should minimize contracted support to the deployed force to avoid 

competing with state and federal agencies for limited local commercial 

resources. 

Real-World Example: During support to Hurricane Katrina, lack of communication and 

coordination between FEMA and the U.S. Army Corps of Engineers resulted in an order for 

at least double the needed amount of ice. This resulted in an oversupply of ice and a lack of 

distribution sites to handle the volume ordered. 

The Bottom Line: A high operational tempo and the “need now” mentality that arise in 

emergency environments can affect the way contracting is executed. Effective communication 

and coordination between the requiring and contracting activities supporting an operation 

protect against waste.54

U.S. Northern Command (NORTHCOM). NORTHCOM regional 

DCOs and the defense coordinating element can deploy in advance of 

disasters or other emergency incidents to validate, plan, and coordinate 

potential DoD support of response efforts from FEMA or other LFAs 

and facilitate DoD support of life-saving and response operations. CCOs 

should understand the value that DCOs bring to coordinating requests 

for assistance from civil authorities following a declared disaster. 

Homeland Security Office of Operations Coordination and 

Planning (OPS). The DHS OPS serves as the primary national-level 

multiagency situational awareness and operational coordination office. 

54 GAO, Hurricane Katrina: Improving Federal Contracting Practices in Disaster Recovery 

Operations, GAO-06-714T, May 4, 2006.

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National Guard operations. Many domestic support operations are 

handled at the state level. In these cases, Army and Air National Guard 

units provide military support under U.S.C. Title 32. Similar in concept 

to the National Guard tiger teams, the Office of Management and 

Budget (OMB) may deploy members of the Contingency Contracting 

Corps to help during an emergency situation (41 U.S.C. 2312). (National 

Guard Regulation 500-1 describes National Guard support operations.) 

Incident Command System (ICS). The ICS is a standardized, onscene incident management tool designed to allow responders to adopt 

an integrated organizational structure equal to the complexity and 

demands of a single incident or multiple incidents without hindrance 

by jurisdictional boundaries. The ICS manages and addresses the 

following problems:

• Too many people reporting to one supervisor

• Differing emergency response organizational structures

• Lack of reliable incident information

• Inadequate and incompatible communications

• Lack of structure for coordinated planning among agencies

• Unclear lines of authority

• Terminology differences among agencies and unclear or 

unspecified incident objectives.

An ICS enables integrated communication and planning by 

establishing a manageable span of control.

Domestic Emergency Acquisition Flexibilities

CCOs must be familiar with the acquisition flexibilities available 

while providing contracting support during domestic emergency 

operations. FAR Part 18 and DFARS Part 218 provide generally 

available acquisition flexibilities, which don’t require an emergency 

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declaration or designation of a contingency operation, as well as 

emergency acquisition flexibilities that are available only for the 

following specified and designated circumstances:

• Contingency operation (FAR 18.201 and Chapter 5)

• Defense or recovery from chemical, biological, radiological, or 

nuclear (CBRN) attack (FAR 18.202)

• Emergency declaration or major disaster declaration (FAR 

18.203).

The contracting flexibilities available during domestic emergencies 

vary with the specific circumstances involved in the respective incident. 

For example, when the president issues a major disaster declaration, 

the thresholds for micro-purchases and simplified acquisitions do not 

automatically increase. However, such increases may be triggered 

by incident-specific legislation (such as the emergency supplemental 

appropriations acts passed to fund the response to Hurricane Sandy).

Domestic emergency acquisition flexibilities. Below is a listing of 

the flexibilities available for designated domestic emergencies. Refer 

to FAR Part 18 and DFARS Subpart 218 for additional information on 

emergency acquisitions, both domestic and outside the United States, 

to include those generally available to the CCO that do not require 

emergency declaration. 

1. Acquisition threshold increases. Thresholds are increased 

when the head of the contracting activity (HCA) determines the 

supplies or services are to be used in support of a contingency 

operation or to facilitate defense against or recovery from a 

CBRN attack:55

55 Acquisition thresholds are subject to change. Refer to FAR 2.101 and DFARS 202.101 for current 

micro-purchase and simplified acquisition thresholds, and refer to FAR 13.5 for current test 

program thresholds.

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• The micro-purchase (MP) threshold increases to $20,000.00 

for any contract to be awarded and performed, or purchase to 

be made, inside the United States (FAR 2.101).

• The Simplified Acquisition Threshold (SAT) increases to 

$300,000 for any contract to be awarded and performed, or 

purchase to be made, inside the United States (FAR 2.101). 

Under the test program for certain commercial items,56 the 

threshold limit may be increased for acquisitions to support a 

contingency operation (FAR 13.500(e)).

2. Relief from registration in the System for Award Management

(SAM). Contracting officers may make an award to contractors 

not registered in SAM if conducting emergency operations, 

such as responses to natural or environmental disasters or 

national or civil emergencies (FAR 4.1102). However, CCOs 

should note that contractors are required to register with SAM 

in order to gain access to the Disaster Response Registry for 

debris removal, distribution of supplies, reconstruction, and 

other disaster or emergency relief activities inside the United 

States and outlying areas. (FAR 26.205).

3. Local area preferences and set-asides. CCOs must give 

preference to local organizations, firms, and individuals 

when contracting for major disaster or emergency assistance 

activities when the president has made a declaration under the 

Robert T. Stafford Disaster Relief and Emergency Assistance 

Act. Preference may take the form of local area set-asides 

or an evaluation preference. A local area set-aside restricts 

competition to offerors that reside or do business primarily in 

the area affected by a major disaster or emergency. CCOs are 

to determine whether a local area set-aside should be further 

56 Class Deviation- 2015-O0004 provides permanent authority for use of Simplified Acquisition 

Procedures for certain commercial items.

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restricted to small business concerns in the set-aside area 

when consistent with preferences provided to local businesses. 

(Follow agency requirements and the policies and procedures 

in FAR 6.208, FAR Part 19 and DFARS 219.2 when setting 

aside an acquisition during a major disaster or emergency. See 

also FAR 26.2 for in-depth disaster or emergency assistance 

activities.)

4. Use of commercial item procedures for acquiring noncommercial items. CCOs may treat any acquisition of supplies 

or services to be used to facilitate defense against or recovery 

from a CBRN attack as an acquisition of commercial items 

under FAR Part 12. This allows noncommercial items to 

be purchased using the policies and practices applicable 

to commercial items (FAR 12.102(f)(1)). Caution: Cost 

accounting standards generally do not apply to commercial 

item acquisitions. However, a contract in an amount greater 

than $17.5 million awarded on a sole-source basis for an item 

or service treated as a commercial item that does not otherwise 

meet the definition of a commercial item is not exempt from 

cost accounting standards or cost or pricing data requirements 

(FAR 12.102(f)(2)).

5. Establishing or maintaining alternative sources. The DFARS 

PGI contains a sample format for Determination and Findings 

citing the authority of FAR 6.202(a), regarding exclusion 

of a particular source in order to establish or maintain an 

alternative source or sources. Alternate 2 of the sample format 

addresses having a supplier available for furnishing supplies or 

services in case of a national emergency. See PGI 206.202.

6. Electronic submission and processing of payment requests. 

Contractors do not have to submit payment requests in 

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electronic form for contracts awarded by contracting officers 

in the conduct of military operations, including contingency 

operations, humanitarian or peacekeeping operations, or 

emergency operations, such as responses to natural disasters 

or national or civil emergencies (DFARS 232.7002(a)(4)).

7. Policy for unique item identification. Contractors will not 

be required to provide DoD unique item identification if the 

items, as determined by the head of the agency, if they are to 

be used to facilitate defense against or recovery from nuclear, 

biological, chemical, or radiological attack (DFARS 211.274-

2(b)).

Absent the threshold increases available under the specific incidents, 

contracting officers are fully authorized to innovate and use sound 

business judgment otherwise consistent with law and within the limits 

of their authority. CCOs should not assume that a new approach is 

prohibited simply because it is not in the FAR or DFARS. Facing 

emergency situations, CCOs should seek legal assistance to identify and 

confirm their options.

Other Considerations

Sourcing. CCOs must be aware of the limited resources within 

an area and should be mindful not to compete against FEMA for 

those resources or contractors. Further, CCOs should be careful not 

to overload construction contractors and should limit the number of 

short-term emergency projects for each. Some small contractors will 

overextend themselves and then not make progress on all work. CCOs 

should watch for contractor workers who jump from one construction 

site to another—a sign that a contractor may not have adequate 

personnel and resources to complete all work on time. CCOs also should 

consider the following:

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• Contractor qualifications. When supporting emergency 

operations, CCOs might not have time to thoroughly evaluate 

contractor qualifications. Although CCOs cannot exclude 

sources simply because they are unfamiliar, they should 

consider limiting sources to known contractors as much 

as possible. During planning, CCOs need to prepare an 

emergency vendor list and refer to it regularly. CCOs must 

identify the contractors that can expeditiously respond to 

natural disasters and specialize in all-purpose emergency 

recovery contracting. 

• Bid guarantees and bonds. In emergency acquisitions, the 

chief of the contracting office (COCO) may decide to waive 

the requirement to obtain a bid guarantee when a performance 

bond or a performance and payment bond is required. A bid 

bond, however, can weed out less-qualified contractors. CCOs 

should use their discretion in emergency environments in 

obtaining bonds (FAR part 28).

Long-term issues. The effects of a disaster often last beyond the 

initial recovery effort. Although most long-term support involves 

administering construction contracts, other long-term issues arise. This 

section discusses long-term contracting issues and offers suggestions 

on avoiding common pitfalls:

• Prolonged emergency use. The contracting office must inform 

senior leadership that emergency buying procedures are for 

designated emergency response operations only. Because of 

the short turnaround involved with emergency contracting 

procedures, customers try to stretch emergency work to the 

limit. CCOs also should watch for companion contracting 

projects to emergency repairs (such as adding garages to 

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damaged units). Emergency procedures can only be used for 

emergencies. CCOs must be vigilant of these potential issues.

• Contract administration. Contract administration and 

oversight of emergency projects can prove very challenging, 

but this is not an excuse for poor contract management 

and monitoring of contractor performance. CCOs should 

understand going in that specifications and solicitations will be 

rushed, potentially leading to loosely written contracts. CCOs 

can expect a significant increase in change orders if a contract 

is broad and includes poorly defined requirements. Proper 

communication and coordination, acquisition planning, and 

a focused approach to ensure requirements are well defined 

enhance overall contract administration. 

• Service contracts. Existing service contracts may be altered 

significantly during and after an emergency to provide services 

expeditiously. For example, a grounds maintenance contract 

could see a large increase in work orders for services such as 

clearing debris, removing stumps, and trimming trees. The 

military family housing contract also might be significantly 

affected by an increased need for interior minor damage repair 

work. CCOs should monitor new work closely and promptly 

return service contract terms to their original scope after the 

recovery-related work is satisfactorily completed.

• Custodial contracts. If the installation suffers major structural 

damage, organizations may move into temporary facilities. 

This approach requires the modification of custodial service 

contracts to temporarily add and delete services for buildings, 

which can be both costly and administratively burdensome. 

• Construction contracts. Depending on the extent of damage 

to the installation, the construction contract administration 

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workload increases and might continue for a prolonged period. 

If so, the CCO should consider detailing more administrators 

to the construction branch until workload levels return to 

normal.

• Contractor employees. Existing contractor support also might 

be impacted because employees either have evacuated or are 

responding to personal needs. 

Advance Planning for Emergencies 

at the Home Station

Successful domestic contracting operations after a disaster depend 

on advance planning and preparation. Apparent as this may sound, 

proper planning is often neglected.

The remainder of this chapter covers domestic emergency response 

operations, focusing on readiness and response for installations and 

home stations. This focus is consistent with the current DoD role in 

domestic emergencies—providing organic military forces with limited 

operational contract support to assist FEMA or other LFAs. 

No one is ever truly prepared to handle the devastation caused by a 

natural or human-made disaster, but a viable readiness plan can soften 

the impact. When a disaster hits, personnel must be well versed in 

advance in contingency and emergency contracting procedures. The 

remainder of this section addresses issues that contracting offices can 

prepare and train for before emergency response.

Planning Considerations 

The CCO should develop a plan that best suits the particular 

operating location (or area of deployment). If the office is located in 

an area susceptible to hurricanes or tornadoes, the plan should reflect 

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response procedures for these potential incidents. The plan discussed 

in this section is generic; it should be further tailored to fit the specific 

needs of the operating location. The plan should also be coordinated and 

integrated into local support plans. The plan should communicate the 

following to senior leadership and DoD coordinating officials: 

• The role of contracting during domestic emergency operations

• Contracting authorities 

• The importance of establishing a requirements process and 

the need for support personnel such as contracting officer’s 

representatives (CORs) and quality assurance representatives 

(QARs) 

• The use of contracting to support installation recovery

• The tools required to provide this support.

The CCO should consider the following when drafting the office plan:

• Contingency support for local emergencies.

• Review of installation operation plans (OPLANs).

• Defense Logistics Agency (DLA) capabilities and sources. 

DLA is formally designated as the DoD executive agent 

for specific commodities: subsistence goods, bulk fuel, 

construction and barrier materials, and medical materials. 

DLA contracts contain surge clauses for added flexibility to 

meet increased demands, including those associated with 

emergency responses. The plan should include using DLA to 

the fullest extent possible.

• Prepositioned contractors. Agencies are encouraged to seek 

out prepositioned contractors to facilitate a timely emergency 

response. Prepositioned contractors that have products and 

services often needed for emergency responses are available 

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at websites such as the General Services Administration (GSA) 

Disaster Relief Program, GSA Wildland Fire Program, and 

Interagency Contract Directory.

• Pre-identified contractors. When contractors register in 

SAM, they can designate their potential availability to provide 

disaster response products and services. CCOs should consult 

the SAM website for information on these firms (FAR 26.205).

Local Contracting Support Plans

Contracting offices should develop a comprehensive local support 

plan (usually as an annex to the logistics chapter of the installation plan) 

to ensure contingency contracting support for tasks assigned by the 

installation OPLANs. Local contracting support plans contain at least 

the following:

• The capability for the commander to contact contracting 

personnel on short notice through the unit emergency action 

center or command post and to account for all contracting 

personnel for emergencies during duty hours

• Identification of CCOs, who may be on unit recall rosters, 

and consideration of how contracting officers in tenant 

organizations can assist recovery efforts

• Instructions on where to relocate the contracting office if 

the primary contracting facility is not usable, considering 

alternate locations on and off the installation

• A current list of installation emergency plans, which should 

include a section on contracting 

• Provisions for emergency communications with installation 

officials, customers, and suppliers

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• Procedures for manual requisitioning of supplies, including 

required approval authorities, forms, and general processing 

requirements

• Procedures for each functional area to identify site personnel 

who can generate, validate, and approve requirements, accept 

deliveries, and verify quality of goods purchased

• Provisions for funding requests

• Instructions for manual purchase registers and record keeping 

• Guidance for use of the government commercial purchase card 

(GCPC) for emergency purchases, including keeping a manual 

purchase log in the absence of connectivity to the automated 

log available at U.S. Bank Access® Online

• Procedures for using alternate data automation facilities to 

restore automated purchasing support and records 

• Instructions for use of the unit deployment kit, which must 

include a global positioning system (GPS), even for local 

disasters

• Current telephone listings for key regional contracting offices, 

local suppliers, and other nearby installations, as well as grid 

maps of the installation and local areas

• Ongoing process for developing, maintaining, and using 

available source lists for emergency supplies and services, 

and identifying the sources available for 24-hour response to 

emergency requirements57

• An advance strategy to address surge capability for supplies 

with contractors to source critical supplies outside of the local 

area, such as lumber and roofing materials, because these 

supplies will quickly be consumed or destroyed in a natural 

57 These lists should include the commodity or service contractor address, point of contact, and 

24-hour telephone number. The lists should be updated quarterly to ensure that the sources are 

available to help address the contingency or emergency.

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disaster (if there is time to act ahead of the disaster, as with 

a hurricane, most contractors preposition items outside the 

disaster area to facilitate a quick response)

• Procedures for accommodating a spike in contract terminations

• Procedures for accommodating unusual contract administration 

requirements. 

After Action Reports 

One way to plan and prepare for local emergencies is to review 

applicable after action reports (AARs) from previous emergencies (see 

the AAR website for more information). 

When reviewing AARs, the CCO should consider the following:

• The type of emergency and the associated needs for each phase 

(such as initial response and recovery)

• The types of acquisition vehicles relied on, contract terms and 

conditions, and prices paid

• Roles and responsibilities assumed by other agencies providing 

acquisition assistance and the interagency agreements used to 

document responsibilities

• Process for, and type of, funding for the acquisitions

• Types of logistical challenges encountered in delivering 

products and services, as well as the steps taken to address 

these challenges

• Any legal issues that arose

• Management’s overall assessment of agency and contractor 

performance.

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Other Considerations

Training. FEMA’s Emergency Management Institute, in 

coordination with the Defense Acquisition University and the Federal 

Acquisition Institute, offers online courses on the National Incident 

Management System and the ICS for all contracting officers who may 

be deployed during an emergency.

Power. For planning purposes, CCOs must assume there will be 

no power to operate office equipment. Securing access to a portable 

generator and adequate fuel should be a top priority. CCOs should 

prioritize these items and procure them quickly, given the potential for 

a shortage of supply. In the event power is scarce, CCOs should consider 

relocating the operation to a site where generators are available (such as 

hospital, commander’s office, or command post). These arrangements 

must be made in advance and detailed in the contingency plan.

Off-site location. As briefly mentioned, CCOs might need to 

work from an alternate location, so this option should be included 

in the continuity of operations plans. If the installation is severely 

damaged, the establishment of an off-site location will become a critical 

necessity. Each CCO should designate proposed on- and off-installation 

alternative contracting sites in advance and incorporate them into the 

installation contingency plan. When an emergency or disaster occurs, 

senior management must quickly decide how and from where the CCO 

will operate. 

Buying procedures. CCO plans should include the buying 

procedures that the contracting officers will use during an emergency 

and the applicable acquisition flexibilities (FAR part 18). CCOs can also 

avoid buying problems by establishing and maintaining a current and 

accurate emergency support source list for commodities, services, and 

construction. This list should include the following:

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• Multiple vendors for all required goods and services

• Telephone numbers (business and home) for each vendor

• Accurate vendor street addresses (in case telecommunications 

are out) 

• A 24-hour point of contact for each business

• Backup vendor lists from outside the local area in case local 

vendors become incapacitated. 

One critical lesson learned is that local vendors might not be able to 

support the installation in an emergency. If the installation is trying to 

recover, chances are that local civilian contractors and support agencies 

also are in recovery mode. Therefore, use of assets outside the local 

area is key in responsive acquisition support. If other installations are 

nearby, CCOs should exchange vendor lists for wider coverage. CCOs 

must ensure vendor listings are current by reviewing them quarterly, 

updating the list and supplementing it with new sources from market 

research and recent performance data.

Reachback. In a catastrophic disaster or an event that produces 

severe and widespread damage of such a magnitude that the local 

contracting office cannot execute its mission, contracting offices 

must coordinate lateral support with other regional contracting 

offices unaffected by the disaster or event. Contracting offices may be 

requested to commit contracting resources to the affected area, in the 

form of personnel or reachback contracting support. Contracting offices 

in areas that have a greater potential to be affected by a catastrophe 

should team with other nearby contracting offices (and those capable 

of providing reachback contracting support because they have similar 

missions) to plan and prepare for a catastrophic contingency. Partnering 

with other contracting activities should be included in the CCO 

emergency response plans.

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On-Scene Operations

Initial contracting actions during a recovery effort are the most 

critical. How support capabilities are assessed and how widespread the 

damage is sets the tone for the entire recovery process. 

Activating recall procedures. The CCO’s first priority during an 

emergency is to get personnel to work. Fortunate CCOs will be able 

to contact them by telephone or by recall announcements over the 

radio or television. However, CCOs might have to go house to house to 

recall personnel. The more personnel whom can be recalled, the more 

comprehensive support will be.

Assessing damage to the contracting office. The CCO must 

quickly assess the contracting office’s physical appearance and its 

overall functioning capabilities and then decide whether to stay or 

relocate to the alternate site. At a minimum, the CCO must find a site 

where personnel can safely access tables, desks, and telephones. CCOs 

should consider the following when evaluating the contracting office 

and alternate sites:

• Telephone capabilities

• Electricity

• Extent of the damage

• Safety and other aspects of suitability for operations.

Organizing the contingency staff. Once personnel are recalled, 

the CCO needs to assess division support capabilities. If personnel are 

experienced, a flat organization should be established that allows experts 

to buy and administer supply, construction, and service requirements 

with as little supervision as possible. If personnel are inexperienced, a 

more structured, centralized support organization is appropriate. The 

next step is designating the roles that personnel must perform, including 

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dedicating staff members to order from preestablished blanket purchase 

agreements (BPAs) or federal supply schedules and assigning another 

group to acquire other requirements (such as equipment rentals, 

specialized parts, and supplies from the open market). CCOs also might 

need to take the following actions:

• For major construction and service contracts, team with 

the inspector to evaluate construction sites for damage and 

determine the extent of damage, liability, and need to modify 

construction requirements and assign staff members to 

coordinate with major service contractors to restore sanitation, 

refuse, and grounds maintenance support as quickly as 

possible.

• Assign staff members as runners to pick up needed goods in 

the local area; however, if local area vendors are unable to 

support the installation, send a runner to a CCO outside the 

local area to procure needed goods and services.

Initial Setup Actions 

Once the support organization is established, the CCO takes the 

following actions immediately:

• Identify initial requirements that will need to be procured and 

prioritize them on the basis of need.

• Contact the local commander to provide an update on status 

and the plan of operations. Obtain the commander’s list of 

priorities if possible.

• Establish communications. First, determine what is already 

available, such as telephone lines and Internet. Next, secure 

additional communications such as mobile radios or cellular 

phones, if available, to ensure communications continue in the 

event telephone and Internet connectivity are lost.

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• Contact finance personnel to ensure funds are available. CCOs 

should request a single obligation authority, if possible, and 

ensure procedures are in place for the use of cash-and-carry 

methods.

• Seek lateral support, if long-distance communications are 

possible, by contacting the head of the contracting activity 

(HCA) and neighboring installations to put them on standby 

for possible support. 

• Continue to assess power capabilities and consider relocating 

to a building on the installation that has power if necessary, as 

mentioned. Hard-copy contracting forms can be used in the 

event contracting automation systems are down.

• Obtain transportation and make sure that enough vehicles are 

available to support CCO needs. Most initial purchases will 

be picked up by government personnel, so at least one vehicle 

should be capable of transporting large volumes of goods (such 

as lumber, plywood, and rolls of plastic sheeting). 

Managing initial purchases. The first 24 hours of recovery are the 

most hectic and require a concentrated buying effort. The CCO should 

organize immediately by making sure procedures are in place to do the 

following:

• Generate requirements.

• Establish a purchase request (PR) tracking system. Start with a 

separate block of purchase order numbers for ease of tracking. 

It may also be a good idea to appoint a requisition control 

point (RCP) monitor who can track requests throughout the 

acquisition process and help avoid duplication of effort.

• Track obligations, contract awards, and payments.

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• Oversee contractor performance and verify government 

receipt.

• Perform quality assurance to the maximum extent practicable.

All contracting, acquisition support and coordinating personnel 

should be made aware of established procedures. 

CCOs should also consider taking the following actions to support 

the management of initial purchases:

• Establish one focal point for each customer. The local 

commander will have the majority of initial inputs, and some 

might not be properly coordinated. CCOs should communicate 

to the commander the need for one point of contact for all 

requests.

• Establish comprehensive procedures for receiving goods. 

CCOs should have a central receiving point for all goods 

brought into the installation. If the goods are delivered directly 

to the customer, a point of contact must be established, and the 

customer must receive instructions on the proper method of 

receiving goods. CCOs should give the customer responsibility 

for the timely submission of paperwork.

Response to rental requests. During the first week of recovery, 

numerous requests might be made for equipment and vehicle rental and 

for temporary living and office quarters. A number of factors should be 

considered before filling customer requests.

Heavy equipment. Before renting, the CCO must first confirm that 

the equipment cannot be borrowed from other bases, posts, military 

installations, or federal agencies. 

Chapter 9

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299

Real-World Example: During hurricane recovery operations at Charleston and Shaw Air 

Force Bases (AFBs), several pieces of equipment were received from other installations and 

from the Southwest Asia (SWA) transportation unit at Seymour Johnson AFB. The SWA unit 

alone transported 42 pieces of heavy equipment and vehicles to Shaw AFB and 17 pieces to 

Charleston AFB.

The Bottom Line: Other bases, posts, military installations, and federal agencies can be a 

great source of needed supplies during recovery operations.

Exhaust all internal sources before renting for the following reasons:

• Renting heavy pieces of equipment and vehicles is very 

expensive. Many companies insist that their operators 

accompany the equipment, creating an additional expense.

• If disaster recovery is extensive, rental periods can be 

long, increasing the risk of damage. If forced to rent heavy 

equipment or vehicles, CCOs must ensure that they are 

returned immediately when no longer required.

Leasing trailers and temporary buildings. If installation facilities 

are damaged extensively, the CCO might need to lease trailers or 

temporary buildings. However, CCOs must be very careful when 

leasing trailers and must set minimum acceptable requirements (such 

as size, amount of functional office space, outlets, doors, and windows). 

The CCO must emphasize to commanding officials that time is needed 

to ensure procurement of a quality product. 

Management of other service requirements. Grounds maintenance, 

refuse, and mess attendant contractors could significantly help 

installation recovery with appropriate modifications to their contracts. 

The grounds maintenance contractor might have the equipment and 

staffing needed to help clear debris from the installation. The refuse 

contractor can play a similar role by increasing the frequency of pickups 

and providing several large dumpsters. The mess attendant contractor 

can offer support by shifting to a 24-hour food service operation.

Chapter 9

Domestic Emergency Response
300 Defense Contingency Contracting Handbook

Such increased contractor efforts represent changes to their 

contracts, so compensation will be due; however, the CCO will be 

dealing with known and likely reliable sources. Contracting officers 

can issue change orders (with the appropriate funds) and can negotiate 

the changes when the situation eases. In some cases, the CCO might 

have already established unit prices for the increased work. By going 

to reliable contractors, the CCO can save time and avoid emergency 

contracts with unknown sources. 

Procurement of key commodities. Several supply items will be 

in high demand during disaster recovery. The CCO should consider 

establishing BPAs with multiple suppliers within and outside the local 

area for commodities such as the following, if the installation is located 

in an area with a high risk of disaster:

• Ice. Ice might be a difficult commodity to find. If the power is 

out, the commissary, food service, and installation residents 

will need ice to preserve their food. CCOs should develop at 

least one source outside the local area to avoid competition with 

the local community during a disaster. The person receiving 

the ice must monitor the quantity carefully. All ice and 

water purchases must be authorized by an approved medical 

authority (such as an Army veterinarian). (The Approved Food 

Sources page on the U.S. Army Medical Department website 

lists approved sources by theater.)

• Paper products. With the power off, installation dining 

facilities will use paper products to feed local military and 

civilian personnel. Because personnel might be working 

24 hours a day, paper product usage will increase substantially.

• Other common items. Items such as lumber, plastic sheeting, 

and chain saws probably will be scarce in the local market 

because the CCO will be competing with the demands of local 

residents. 

Chapter 9

Domestic Emergency Response
301

Coordinating officials can greatly assist in determining where needs 

exist in multi-agency relief efforts. 

Evaluation of construction needs. Hurricane Hugo recovery efforts 

had the largest impact on the construction branch of local contracting 

offices. Construction work involved assessing and modifying ongoing 

construction projects damaged by the storm and rapidly procuring new 

construction projects to repair installation damage. The following steps 

will help minimize construction issues encountered during installation 

recovery:

• The CCO should evaluate current construction sites by using a 

team approach, with a construction contract administrator and 

an inspector evaluating the damage at each construction site. 

After an initial government assessment, the CCO should meet 

with the contractor to develop a plan of action. Resolving any 

storm damage assessment differences among contractors and 

inspectors early in the process will go a long way to prevent 

future contract claims. 

• After all parties agree on the extent of damage, liability 

must be addressed. Natural or human-made disasters are 

created by an act of God or an external source, and neither 

is the responsibility of the contractor. The contracting officer 

is responsible for determining whether additional time is 

due to the contractor and who is liable to pay damages that 

may have occurred to the construction site. Mandatory 

clauses are always a critical part of the contract but especially 

during emergencies. For example, ensuring permits and 

responsibilities are addressed in accordance with FAR clause 

52.236-7 will save time and grief and will ultimately protect 

the government’s rights in possible litigation after the smoke 

clears and the floodwaters recede. 

Chapter 9

Domestic Emergency Response
302 Defense Contingency Contracting Handbook

• The CCO should be careful when negotiating time extensions. 

Lost productivity, staging of work, and availability of 

subcontractors all must be considered. If behind schedule at 

the time of the disaster, the contractor might try to pad the 

estimate to catch up with other work commitments. CCOs 

must remember that time is money.

• The CCO can expect several new construction requirements 

after a natural disaster. Most short-term emergency efforts 

involve repairing existing facilities. Initially, local senior 

leadership may push hard for issuing letter contracts to local 

contractors. This is not always the best route and can create 

more work and expend more dollars in the long run. In 

some cases, this option might be unavoidable, but the use of 

alternate emergency procedures is preferable for installation 

construction recovery. CCOs should use letter contracts or 

cost-reimbursement contracts only as a last resort. The CCO 

should always coordinate such procedures with the relevant 

HCA. 

• Another alternative to mitigate the increased demand for 

contracting support is pre-established indefinite delivery/

indefinite quantity (IDIQ) or requirements-type contracts (such 

as job order contracts or simplified acquisition for installation 

engineering requirements contracts). These contracts are ideal 

for small, limited-design, repair, and high-priority projects. 

The CCO can expand the role of these contracts by using them 

to repair minor damage to housing units. CCOs should avoid 

using these contracts as a cure-all for installation emergency 

construction needs, as the contractors might not be able to keep 

up with the work demands.

Chapter 9

Domestic Emergency Response
303

Additional References

The following references were not mentioned in this chapter but 

offer additional information related to domestic emergency response:

• DoDI 2000.12, DoD Antiterrorism (AT) Program

• DoDI 3020.52, DoD Installation Chemical, Biological, 

Radiological, Nuclear, and High-Yield Explosive (CBRNE) 

Preparedness Standards

• DoDI 5535.10, Coordination of DoD Efforts to Identify, 

Evaluate, and Transfer DoD Technology Items, Equipment, 

and Services to Federal, State, and Local First Responders

• JP 4-10, Operational Contract Support

• JP 3-07.2, Antiterrorism (available through JEL+ at the Joint 

Electronic Library).

Chapter 9

Domestic Emergency Response
Tab Tab Tab Tab

Contingency Contracting Planning Checklist

Item 

#

Note: Don’t wait to establish plans for potential contingencies. Work with your operation plans 

(OPLAN) manager and identify Annex W information as it relates to the contingency. Reference: 

Defense Contingency Contracting Handbook (DCCH) Chapter 4.

Applicable 

and 

Present

1 Review and adhere to contingency contracting support planning requirements outlined in 

DoD Instruction (DoDI) 3020.41, “Operational Contract Support,” Joint Publication (JP) 4-10, 

“Operational Contract Support” and DCCH Chapter 4, “Planning and Guidance.”

2 Review OPLAN/Annex W, fragmentary orders (FRAGO), acquisition instructions (AIs), 

standard operating procedures (SOP), after action reports (AARs) and other operationspecific and theater-unique material prior to deployment (and upon arrival in theater) if 

available. Do research (Chapter 4, “CCO Predeployment Planning”) on the operational area to 

prepare to the maximum extent practicable.

3 Review GCC Operational Contract Support (OCS) webpages.

4 Coordinate with the GCC OCS Integration Cell (OCSIC) (Chapter 2, “Contracting 

Organizational Elements”) on matters relating to execution of OCS in the operational 

area. Refer to JP 4-10 Figure D-3 “Geographic Combatant Command Operational 

ContractSupport Integration Cell Tasks” for additional information on OCSIC tasks.

5 Review installation emergency management (IEM) plans to ensure contracting responsibilities 

are thoroughly understood.

6 Conduct predeployment planning and ensure contingency response kits and are up to date 

with adequate supplies, tools, forms,templates, and other items necessary to successfully 

perform the contract support function in the operational area. Refer to DCCH Chapter 4 

“CCO Predeployment Planning” and “Plugging in Downrange” as well as the Office of Federal 

Procurement Policy (OFPP) Emergency Acquisitions Guide for additional information on 

contingency response kits.

7 Work with unit deployment manager and personnel office to ensure personal and 

administrative items are taken care of prior to deployment (Obtain out-processing-checklist 

if applicable, secure travel orders, ensure will is up-to-date, etc.).

8 Ensure Standard Form (SF) 1402, “Certificate of Appointment as a Contracting Officer,” 

with authority equal to potential responsibilities, is completed and you have extra hard and 

soft copies. Review other Service basic warrant requirements and bring hard-copy Defense 

Acquisition University (DAU) course transcript, and other supporting documentation, to 

support warrant requests in theater.

9 Review the DoD Government Charge Card Guidebook for Establishing and Managing 

Purchase, Travel, and Fuel Card Programs and ensure the Governmentwide Commercial 

Purchase Card (GCPC) (Chapter 5, “Common Contracting Support Procedures in 

Contingency Environments”) is bulk-funded to the level possible, enabling immediate 

expenditure upon arrival.

10 Register in advance for any applicable systems (Chapter 4, “CCO Predeployment Planning”). 

Review the DoD Contingency Business Environment Guidebook for information on 

registering for electronic business tools and getting them up and running in theater.

11 Ensure you review and update the DD Form 1833, “Isolated Personnel Report (ISOPREP)” 

(Chapter 4, “CCO Predeployment Planning”).

12 Initiate and maintain communications with the Contingency Contracting Officer (CCO) 

you will replace in theater if possible. Request information such as best practices, local 

policy and processes in place, current Force Protection Conditions (FPCON), and any other 

pertinent information necessary to successfully support the mission.
Tab Tab Tab Tab

Site Survey Checklist

Item 

#

As part of planning, contracting units must review site surveys of anticipated deployment locations. 

Reference: DCCH Chapters 2, 4 and 5 and Joint Publication (JP) 4-10.

Applicable 

and 

Present

1 Learn the organizational structure (Ch. 2, Section: 

“Contingency Contracting Structure”) at the deployment 

location, conduct deployment planning and gain as 

much information about the operational area prior 

to deployment (Ch. 4, Section: “CCO Predeployment 

Planning”).

Before deployment or immediately 

upon arrival

2 Obtain a site survey in advance from the Geographic Combatant Command (GCC)/Operational 

Contract Support Integration Cell (OCSIC) if available. Inform Senior Contracting Official (SCO) 

staff if a current site survey is unavailable. The tasked SCO staff should coordinate with the GCC/

OCSIC to recommend the initiation of a site survey. Refer to DCCH Chapter 4, “CCO Predeployment 

Planning” and “Plugging in Downrange” for additional information.

3 Review JP 4-10, Appendix G “Analysis of the Operational Contract Support Aspects of the 

Operational Environment.”

4 Acquire information on responsible and vetted prospective contracting sources in the deployment 

area and identify the sources to avoid conducting business with. See DCCH Chapter 5, “PreAward Determinations and Memorandums” for additional information on vendor vetting. Check 

the Synchronized Predeployment and Operational Tracker (SPOT) (Ch. 5 Section: “Other Unique 

Contracting Considerations”) and Joint Contingency and Expeditionary Services (JCXS) systems for 

registered and approved contractors. Additionally, contact the GCC/OCSIC, supporting intel office, 

local and neighbor-country U.S. embassies, consulates, and/or other nearby government agencies/

installations, to obtain information on available and vetted sources in the operational area.

5 Obtain information on the local security situation and Force Protection Condition (FPCON) 

(including areas within the operational area to avoid).

6 Assess feasibility of using the Governmentwide Commercial Purchase Card (GCPC) (Ch. 5, Section: 

“Common Contracting Assess feasibility of using the Governmentwide Commercial Purchase Card 

(GCPC)” (Ch. 5, Section: “Common Contracting Support Procedures in Contingency Environments”)

within the operational area.

7 Document the functional areas where contracted support may not be available based on survey of 

industry within operational area.

8 Survey local customs, laws, taxes, and shortages within the local economy, local bureaucratic 

impediments, language difficulties, currency exchange rate fluctuations, and security concerns. 

If local sales tax exemption procedures or numbers are available, obtain them through embassy 

personnel.

9 Examine local transportation and communication resources availability.

10 Determine the applicability of the host nation support (HNS) agreements, status of forces 

agreements (SOFAs), acquisition and cross-servicing agreements (ACSAs), and other diplomatic 

agreements (Ch. 4, Section: “Plugging in Downrange”), if any, and evaluate their impact on 

contingency contracting in the deployment area.

11 Compile and document theater-unique requirements based on assessment of the operational area, 

and relay them to the local
Tab Tab Tab Tab

Deployed Commander Contingency Contracting Checklist

Item 

#

Procedures may differ depending on the operational area. Contact the responsible Operational 

Contract Support Integration Cell (OCSIC) and/or Service component for command-specific 

procedures. Reference: DCCH Chapters 2, 3, and 4.

Applicable 

and 

Present

1 Ensure all items are prioritized (Chapter 3 “Purchase Requests and Requirements Development”)

in accordance with deployed commander requirements. Secure basic life support and other 

critical items first during initial operations, including, but not limited to: food and water, shelter, 

security support services, interpreter services, communications, ground fuels, human waste 

and garbage disposal, systems support, and maintenance services. Refer to DCCH Chapter 4, 

“Plugging in Downrange” and “Contingency Contracting Support Phases” for additional guidance.

2 Engage the geographic combatant command (GCC) OCS Integration Cell (OCSIC) (Chapter 2, 

“Contracting Organizational Elements”) for assistance with operational contract support (OCS) 

planning and integration for the respective operation and to assist in ensuring Joint Force 

Commander (JFC)-directed, OCS-related policies and guidance are properly executed.

3 Establish and maintain purchase request control procedures, to include funds accountability 

(Chapter 3, “Fiscal Law Constraints”), purchase request prioritization, validation and approval 

(Chapter 3, “Purchase Requests and Requirements Development”); inspection/acceptance 

guidance (Defense Contingency COR Handbook, Pages 43 and 109), quality assurance 

procedures; and procedures for disposition of purchased assets.

4 Communicate to the unit that the CCO is the only individual authorized to obligate the U.S. 

Government and provide information on contracting authority versus command authority 

(Chapter 2, “Contracting officers’ Authority and Command Authority”).

5 Communicate to the unit that no one must place undue pressure or command influence on 

CCOs to purchase goods and services that violate laws and regulations (Chapter 2, “Contracting 

officers’ Authority and Command Authority”).

6 Provide suitable office space and equipment, communications equipment (mobile phones if 

needed and available), and dedicated transportation for the contracting activity to meet mission 

requirements (Chapter 4, “Contingency Contracting Support Phases”).

7 Identify individuals (by name or position) who are authorized to approve purchase requests 

and the individual (or office) providing the funding source (Chapter 3, “Purchase Requests and 

Requirements Development”).

8 Ensure the accounting and finance functions have a sufficient amount of dedicated disbursing 

agents with adequate funding to meet essential contract support requirements.

9 Establish and enforce contractor management and personnel accountability procedures, pursuant 

to the SPOT Business Rules, to support operations and dictate the use of the Synchronized 

Predeployment Operational Tracker (SPOT) tool for accountability and tracking of contracted 

capability and contractors authorized to accompany U.S. forces overseas. Refer to DCCH Chapter 

4, “Personnel Accountability” subsection (Chapter 4 “Civil Augmentation Programs”) and for 

additional information.

10 Work with the GCC/OCSIC, the J4, and GCC contracting activities to establish theater business 

clearance policy and processes (Chapter 5 “Other Unique Contracting Considerations,”) and 

specific procedures to identify, approve, and obtain government- furnished life support services

11 Ensure in-country CORs and/or in-country sponsoring personnel are assigned to properly 

oversee contract performance and to coordinate between the requiring activity and the Base 

Operations Support - Integrator (BOS-I) to identify, approve, and obtain government-furnished 

life support services pursuant to agency policy and procedures
Tab Tab Tab Tab

Initial Contingency Contracting Support Checklist

Item

#

Reference DCCH Chapters 2, 3, 4, and 5. The following checklist shows items CCOs are generally 

responsible for during initial contingency and humanitarian or peacekeeping operations.

Applicable 

and 

Present

1 Contact the senior contracting official (SCO) and staff (Chapter 2 “Organizational Roles and 

Responsibilities”), the J4, the Operational Contract Support Integration Cell (OCSIC) (Chapter 2, 

“Contracting Organizational Elements”) and nearby organizations to obtain contracting support 

guidance—such as theater business clearance (TBC) (Chapter 5 “Other Unique Contracting 

Considerations”), Government-furnished life support validation (GFLSV), local provisions/clauses, 

acquisition and cross-servicing agreements (ACSAs) (Chapter 4 “Plugging in Downrange”), host 

nation support agreements (HNSAs) (Chapter 4 “Plugging in Downrange”), etc.—for the designated 

operational area.

2 Develop a comprehensive list of vetted, validated, and approved vendors, and relay to leadership 

what local contractors can provide (Chapter 5, “Pre-Award Determinations and Memorandums”).

3 Brief the deployed commander on contracting capabilities and that the Contingency Contracting 

Officer (CCO) is the only individual authorized to obligate the government (Chapter 4 “Plugging 

in Downrange”). Work with the commander to establish the unit’s requirements and priority of 

needs (Chapter 3, “Purchase Requests and Requirements Development”), and communicate how 

contracting can support specific mission objectives throughout all phases of an operation (Chapter 

4, “Contingency Contracting Support Phases”).

4 Obtain items necessary to perform the contracting function in the operational area, such as 

interpreter services, communication equipment and support, suitable office space and equipment, 

transportation, and security (Chapter 4, “Plugging in Downrange”).

5 Determine and respond to, basic life support requirements, especially during the first 30-45 days 

(Chapter 4, Contingency Contracting Support Phases).

6 Use simplified acquisition methods/tools (http:/www.acq.osd.mil/dpap/dars/dfars/html/

current/213_3.htm) and the flexibilities at Federal Acquisition Regulation (FAR) Part 18 and Defense 

Federal Acquisition Regulation Supplement (DFARS) Part 218 to procure supplies and services 

expeditiously during initial operations. Such tools include the 3in1Tool (Chapter 5, “Common 

Contracting Support Procedures in Contingency Environments”), Standard Form (SF) 44 (Chapter 

5 “Contract Forms”), and Govermentwide Commercial Purchase Card (GCPC) (Chapter 5, “Common 

Contracting Support Procedures in Contingency Environments”). Reference DFARS Procedures, 

Guidance, and Information (PGI) 218.272 and the DoD Contingency Business Environment 

Guidebook for additional information on use of e-business tools to streamline the acquisition 

process.

7 Ensure the requiring activity is familiar with, and has considered, the checklist at PGI 225.7401. 

Advise Contracting Officer’s Representatives (CORs), requirements developers, and other 

acquisition support personnel to review the Defense Contingency COR Handbook to assist in 

understanding contracting processes in a contingency environment.
Tab Tab Tab Tab

8 Review, and understand, the current operational structure (Chapter 2, “Contingency Contracting 

Structure”) where you’re providing contracting support. Refer to Joint Publication (JP) 4-10, 

“Operational Contract Support;” DoD Instruction (DoDI) 3020.41, “Operational Contract Support;” 

and in-place contingency contracting policies, fragmentary orders (FRAGORDs), instructions, and 

guidance.

9 Conduct a site survey and/or review existing site surveys if available for the operational area. See the 

DCCH Site Survey Checklist for additional information and requirements and refer to DCCH Chapter 

4, “CCO Predeployment Planning” and “Plugging in Downrange” for additional information.

10 Establish a system for requiring activities to submit purchase requests for local acquisitions and to 

generate contract requirements (Chapter 3, “Purchase Requests and Requirements Development”). 

Ensure a system is in place, such as a Joint Requirements Review Board (JRRB) (Chapter 3, 

“Operational Contract Support-Related Boards”) and a Joint Contracting Support Board (JCSB) 

(Chapter 3, “Operational Contract Support-Related Boards”), to continue to prioritize and coordinate 

commander requirements (Chapter 3, “Purchase Requests and Requirements Development”)

throughout the operation. See JP 4-10 for specific guidance.

11 Update customer training to orient requiring activities to the purchasing system as soon as 

practicable. Adapt the system to suit local conditions.

12 Work with finance personnel to establish local funding and payment procedures; set up obligation 

authority for GCPC purchasing when appropriate.

13 Appoint and train decentralized ordering officers (Chapter 5, “Ordering Officers and Field Ordering 

Officers”) within functional areas, as appropriate, with CCO-supervised purchasing authority up 

to the maximum order limit allowable for the respective operation, pursuant to agency policy and 

procedures.

14 Identify functional personnel who deployed with a GCPC (Chapter 5, “Common Contracting Support 

Procedures in Contingency Environments”) and home-station funding (if available). Coordinate 

and control purchase card activity according to purchase request approval procedures to achieve 

economical purchases and avoid duplication of purchased resources. Advise deployed cardholders 

on local market conditions, limitations, and statement reconciliation procedures.

15 Institute a system to report total contracting actions and dollars (Chapter 5, “Contract Tracking 

and Reporting”) at least monthly, unless otherwise directed by the supported SCO and/or local 

acquisition policy and procedures.

16 Create and maintain a contingency contracting continuity book (or update/maintain existing 

continuity book) (Chapter 4, “CCO Predeployment Planning”) to provide replacement CCOs best 

practices and theater-specific contracting information.
Tab Tab Tab Tab

Requiring Activity Checklist

Item 

#

Note: Procedures may differ depending on the AOR. Contact the responsible component’s Office of 

Primary Responsibility (OPR) for command-specific procedures. Review local acquisition instructions 

(AIs) and standard operating procedures (SOPs) for area of responsibility (AOR)-specific policy and 

procedures. Reference: DCCH Chapters 1, 4, 5, and 6.

Applicable 

and 

Present

1 Discuss the role of the requiring activity in the contingency contracting process. Discuss the leadtimes and milestones for contract execution with the requiring activity, explain the procure-to-pay 

(P2P) process (Chapter 5, “P2P Process”) and determine requirements package contents (Chapter 3, 

“Purchase Requests and Requirements Development”) for the respective acquisition.

2 Establish a system to generate and prioritize functional requirements (Chapter 3, “Purchase 

Requests and Requirements Development”). Ensure the deployed commander’s priorities are 

understood, documented, and met and that they are effectively coordinated with the GCC/OCSIC 

(“Chapter 2, Contracting Organizational Elements”).

3 Provide customer training and supplemental material to the requiring activity pertaining to, 

at a minimum: requirements development, requiring activity pre-award/award/post-award 

responsibilities, use of the Contingency Acquisition Support Module (cASM) to create requirements 

packages (DoD Contingency Business Environment Guidebook and Joint Contingency and 

Expeditionary Services [JCXS) website], the contingency contracting process, the Contracting 

Officer’s Representative (COR) nomination process, and that the Contingency Contracting Officer 

(CCO) is the only individual legally able to obligate the government.

4 Conduct acquisition planning pursuant to FAR Part 7 (https:/www.acquisition.gov/?q=/browse/

far/7), DFARS/PGI Part 207 (http:/www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html) and 

local policy and procedures. Ensure contract needs and requirements are communicated effectively 

between the requiring activity and the contracting officer. CCOs must be involved at the first 

indication of a potential contract action, even if agency needs will eventually be met outside the 

contracting process (ex. ACSA).

5 Ensure ethics training is provided to/received by the requiring activity and be sure to address 

the requirements in DoD Directive (DoDD) 5500-07, Federal Acquisition Regulation (FAR) Part 3, 

Defense Federal Acquisition Regulation Supplement (DFARS) Part 203, and Chapter 1, “Ethics: 

Standards of Conduct; and Fraud, Waste, and Abuse.” Contact investigative agencies (Chapter 1, 

“Fraud”) to provide training to contracting and acquisition support personnel.

6 Ensure requirements are validated pursuant to agency procedures prior to initiating contract action. 

If requirements and/or contract review boards are in in place, such as the Joint Requirements Review 

Board (JRRB) (Chapter 3, “Operational Contract Support-Related Boards”) and the Joint Contract 

Support Board (JCSB) (Chapter 3, “Operational Contract Support-Related Boards”), ensure the 

requirements enter the respective board process and are approved accordingly prior to contract 

execution. See Joint Publication (JP) 4-10, “Operational Contract Support” and local agency and 

operation-specific procedures for additional guidance.

7 Communicate to the requiring activity and other acquisition support personnel that only the 

contracting officer can obligate the Government, and explain contracting authority versus command 

authority (Chapter 2, “Contracting officers’ Authority and Command Authority”). Additionally, 

ensure the “Tenets of Government Service” (Chapter 1, “General Principles of Government Service”)

are reviewed and understood, and provide additional information on unauthorized commitments, 

potential ramifications, and the ratification process (Chapter 5, “Unauthorized Commitments and 

Ratifications”).

8 Communicate COR duties and responsibilities (Chapter 2, “Organizational Roles and 

Responsibilities”) and approve the nominated COR package pursuant to agency procedures. Refer to 

the Defense Contingency COR Handbook for additional information.
Tab Tab Tab Tab

Simplified Contracting Procedures and Methods Checklist

Item 

#

Procedures may differ depending on the area of responsibility (AOR). Contact the senior contracting 

official (SCO) and responsible Geographic Combatant Command (GCC)/Operational Contract Support 

Integration Cell (OCSIC) for command- specific procedures. Review local acquisition instructions (AIs) 

and standard operating procedures (SOPs) for AOR-specific policy and procedures, if established for the 

operational area. Reference: Federal Acquisition Regulation (FAR) Part 13, Defense Federal Acquisition 

Regulation Supplement (DFARS)/Procedures, Guidance, and Information (PGI) Part 213, and DCCH 

Chapter 5.

Applicable 

and 

Present

1 Use the Governmentwide Commercial Purchase Card (GCPC) (Chapter 5 “Common Contracting 

Support Procedures in Contingency Environments”) as the method of purchase and/or method of 

payment for purchases valued at or below the micro-purchase threshold unless not feasible in the 

operational area or another exception exists as stated in DFARS 213.270. Refer to DCCH Table 5-2 

“Basic Contract Forms” (Chapter 5, “Contract Forms”) and DPAP’s Purchase Card site (http://www.

acq.osd.mil/dpap/pdi/pc/policy_documents.html) for additional guidance on use of the GCPC.

2 Determine the established acquisition thresholds (micro-purchase, Simplified Acquisition Threshold 

[SAT], Test Program, etc.) based on DoD guidance and the type of operation (such as contingency, 

humanitarian, etc.) (Chapter 4, Types of Contingencies and Emergency Acquisitions). See FAR 2.101

and DFARS 202.101 for current threshold amounts.

3 Delegate micro-purchase authority to appointed ordering officers (Chapter 5, Ordering Officers 

and Field Ordering Officers), pursuant to agency policy and procedures, who will use the supplies 

or services being procured. Provide customer training on ordering procedures accordingly, and 

reconcile orders regularly with the using organization pursuant to agency procedures.

4 If the contract action is less than the SAT, consider solicitation of at least three sources to promote 

competition to the maximum extent practicable (FAR 13.104(b)).

5 When anticipating an acquisition at or below the SAT, review and adhere to the simplified acquisition 

procedures and methods (Chapter 5, “Common Contracting Support Procedures in Contingency 

Environments”) at FAR 13.1, DFARS 213-1, and PGI 213-3.

6 When anticipating a commercial acquisition, review and consider using the streamlined procedures 

for evaluation and solicitation (Chapter 5, “Source Selection Process”) outlined in FAR 12.6 and

DFARS 212.6.

7 When anticipating using a Federal Supply Schedule (FSS), review and adhere to the ordering 

procedures for FSS in FAR 8.405.
Tab Tab Tab Tab

8 Use electronic business (e-business) capabilities where feasible to automate and streamline the 

contracting and contractor management processes within the operational area. See PGI 218.272, 

the Joint Contingency and Expeditionary Services (JCXS) website, the DoD Contingency Business 

Environment Guidebook, DPAP’s e-business site (http://www.acq.osd.mil/dpap/pdi/eb/index.html), 

and the SPOT Business Rules for additional information on DoD e-business capabilities to support 

contingencies.

9 Ensure the acquisition meets theater business clearance (TBC) (Chapter 5, “Other Unique Contracting 

Considerations”) and government-furnished life support requirements, if established, pursuant to 

agency policy and procedures.

10 Select the contracting method/instrument (Chapter 5, “Contract Forms”) that will best support the 

acquisition, such as the GCPC (Chapter 5, “Common Contracting Support Procedures in Contingency 

Environments”), purchase order (Chapter 5, Contract Forms), blanket purchase agreement (BPA) 

(Chapter 5, “Blanket Purchase Agreements”), and Standard Form 44/3in1Tool (Chapter 5, “Common 

Contracting Support Procedures in Contingency Environments”). Refer to DCCH Table 5-2 “Basic 

Contract Forms” (Chapter 5, “Contract Forms”) for additional guidance on contract forms, including 

their purpose and limitations.

11 Determine price reasonableness (Chapter 5, “Source Selection Process”).

12 Check the System for Award Management (SAM) website for excluded parties prior to soliciting 

(Chapter 5, “Pre-Award Determinations and Memorandums”).

13 Determine whether the contractor is responsible, and adhere to vendor vetting procedures (Chapter 5, 

“Pre-Award Determinations and Memorandums”) if established for the operational area.

14 For sole-source acquisitions, complete a justification and approval (J&A) (Chapter 5, “Justifications 

and Approvals”) for other than full and open competition unless a circumstance in FAR 6.302 applies.
312 Defense Contingency Contracting Handbook

Abbreviation Term Chapter(s)

A-E architecture-engineer 3, 6

AAR after action report 4, 9

ACASS Architect-Engineer 

Contract Administration 

Support System

6

ACC Army Contracting 

Command

4

ACC-RI Army Contracting 

Command–Rock Island

5

ACO administrative 

contracting officer

6

ACSA acquisition and crossservicing agreement3, 4, 6, 8

ADA Antideficiency Act 3

ADR alternative disputes 

resolution

7

ADVON advance eschelon 4

AETC Air Force Education and 

Training Command

4

AF Air Force 3, 6

AFB Air Force Base 9

AFCAP Air Force Contract 

Augmentation Program

3, 4

AFCESA Air Force Civil 

Engineering Support 

Agency

4

AFI Air Force Instruction 3, 5

Appendix A

Abbreviations and Acronyms
313

Abbreviation Term Chapter(s)

AFOSI Air Force Office of 

Special Investigations

1

AFRICOM United States Africa 

Command

4, 8

AGATRS Acquisition and CrossServicing Agreement 

Global Automated 

Tracking and Reporting 

System

3, 4, 6

AI acquisition instruction 2, 4, 5, 6, 7, 8

AOR area of responsibility 2, 3, 4, 5, 6, 7

AR Army Regulation 3, 4

ARRT Acquisition 

Requirements Roadmap 

Tool

3, 6

ARSOUTH United States Army 

South

3

ASC Army Sustainment 

Command

4

BEA business enterprise 

architecture

BEAR Basic Expeditionary 

Airfield Resources

4

Bi-SC Bi-Strategic Command 4

BPA blanket purchase 

agreement

4, 5, 6, 9

C2 command and control 2

CAAF contractor authorized to 

accompany the force

4, 5, 8

Appendix A

Abbreviations and Acronyms
314 Defense Contingency Contracting Handbook

Abbreviation Term Chapter(s)

CAD contract administration 

delegation

5, 6

CAOCL Center for Advanced 

Operational Culture 

Learning (U.S. Marine 

Corps)

8

CAP Civil augmentation 

program

2, 4, 6

CAR contract action report 5

CAS Central Asian States 8

cASM Contingency Acquisition 

Support Model

3, 4, 6

CBE contingency business 

environment

3, 4, 5, 6

CBRN chemical, biological, 

radiological, or nuclear

9

CCA contingency 

construction authority

3

CCAS contingency contract 

administration services

4, 6

CCASS Construction Contractor 

Appraisal Support 

System

6

CCDR combatant commander 2, 4, 5

CCIF Combatant Commander 

Initiative Fund

3

CCMD combatant command 2, 4, 5

CCO contingency contracting 

officer

1, 2, 3, 4, 5, 6, 7, 8, 9

Appendix A

Abbreviations and Acronyms
315

Abbreviation Term Chapter(s)

CENTCOM United States Central 

Command

4, 8

CERP Commanders’ 

Emergency Response 

Program

3, 5

CFR Code of Federal 

Regulations

1, 2, 3, 5, 7

CIA Central Intelligence 

Agency

8

CIC Customer Interaction 

Center

6

CICA Circumvention of 

Competition in 

Contracting Act

5

CID U.S. Army Criminal 

Investigation Division

1, 4, 8

CJOTF Coalition Joint 

Operations Task Force

2

C-JTSCC Central Command 

Joint Theater Support 

Contracting Command

5

CLPSB Combatant Commander 

Logistic Procurement 

Support Board

3

COCO chief of the contracting 

office

2, 3, 5, 7, 9

COIN counterinsurgency 3, 4, 5, 8

COMISAF Commander of 

International Security 

Assistance Force

3

Appendix A

Abbreviations and Acronyms
316 Defense Contingency Contracting Handbook

Abbreviation Term Chapter(s)

CONUS continental United 

States

2, 4, 5, 6

COP common operating 

picture

2

COR contracting officer’s 

representative

1, 2, 3, 4, 5, 6, 7, 9

CORT Tool Contracting Officer’s 

Representative Tracking 

Tool

2, 3, 4, 5, 6

COWC Commission on 

Wartime Contracting

1

CPAF cost plus award fee 4

CPARS Contractor Performance 

Assessment Reporting 

System

4, 6

CPFF cost plus fixed fee 4

CSA combat support agency 2, 4

CTIP combating trafficking in 

persons

1, 4

D&F determination and 

finding

5, 6

DA Department of the Army 3

DAU Defense Acquisition 

University

3, 4, 6

DAWIA Defense Acquisition 

Workforce 

Improvement Act

4

DBA Defense Base Act 5

Appendix A

Abbreviations and Acronyms
317

DCAA Defense Contract Audit 

Agency

1, 2, 4, 5

Abbreviation Term Chapter(s)

DCIS Defense Criminal 

Investigative Service

1

DCMA Defense Contract 

Management Agency

1, 4, 5, 6

DCMA-INST Defense Contract 

Management Agency 

Instruction

6

DCO defense coordinating 

officer

9

DD Department of Defense 

(documents)

3, 4, 5, 6

DFARS Defense Federal 

Acquisition Regulation 

Supplement 

1, 2, 3, 4, 5, 6, 7, 8, 9

DHS Department of 

Homeland Security

9

DLA Defense Logistics 

Agency

2, 4, 6, 9

DOC Department of 

Commerce

3

DoD Department of Defense 1, 2, 3, 4, 5, 6, 7, 8, 9

DoDD Department of Defense 

Directive

4, 6

DoDI Department of Defense 

Instruction

2, 3, 4, 5, 6, 8, 9

DOS Department of State 8

DPAP Defense Procurement 

and Acquisition Policy

2, 4, 6

Appendix A

Abbreviations and Acronyms
318 Defense Contingency Contracting Handbook

Abbreviation Term Chapter(s)

DPAS Defense Priorities and 

Allocations System

3

DPSI Domestic Preparedness 

Support Initiative

9

DS direct support 4

DSCA Defense Support of Civil 

authorities

9

DTS Defense Travel Service 4

e-business electronic business 3, 4, 5, 6

E&EE emergency and 

extraordinary expenses

3

ECA executive coordinating 

agency

4

EDA Electronic Document 

Access (system)

4, 5, 6

EFT electronic funds 

transfer

5

EOC Emergency Operations 

Center

9

EPLS Excluded Parties List 

System

5

EUCOM United States European 

Command

4

FAPIIS Federal Awardee 

Performance and 

Integrity Information 

System

5

FAR Federal Acquisition 

Regulation

1, 2, 3, 4, 5, 6, 7, 8, 9

Appendix A

Abbreviations and Acronyms
319

Abbreviation Term Chapter(s)

FC financial controller 4

FedBizOpps Federal Business 

Opportunities

5

FEMA Federal Emergency 

Management Agency

9

FFP firm fixed price 4, 5

FLC fleet logistics center 4

FMR Financial Management 

Regulation

1, 3, 5

FOB forward operating base 8

FOO field ordering officer 2, 4, 5, 6, 8

FPDS-NG Federal Procurement 

Data System–Next 

Generation

4, 5, 6

FY fiscal year 3, 5, 6, 7

GAO Government 

Accountability Office

5, 6, 7, 9

GCC geographic combatant 

command

2, 3, 4, 6

GCCC Global Construction 

Capability Contract

4

GCPC governmentwide 

commercial purchase 

card

4, 5, 6, 9

GCSC Global Contingency 

Services Contract

4

Appendix A

Abbreviations and Acronyms
320 Defense Contingency Contracting Handbook

Abbreviation Term Chapter(s)

GFE government-furnished 

equipment

6

GFP government-furnished 

property

6

GLS Global Logistics 

Support

4

GPA Government 

Procurement 

Agreement

5

GPE government point of 

entry

5

GPS Global Positioning 

System

8, 9

GSA General Services 

Administration

5, 9

GSO General Service Officer 4

GTA Graphic Training Aid 4

HCA head of contracting 

activity

2, 3, 4, 5, 6, 7, 8, 9

HN host nation 4, 5, 6, 8

HNS host nation support 3, 4

HoA Horn of Africa 4

HQ headquarters 4

Appendix A

Abbreviations and Acronyms
321

Abbreviation Term Chapter(s)

HQDA Headquarters, 

Department of the Army

4

IACR international agreement 

competitive restriction

5

ICS Incident Command 

System

9

IDIQ indefinite delivery, 

indefinite quantity

4, 5, 9

IED improvised explosive 

device

8

IFB invitation for bid 5

IG inspector general 6

IGCE independent 

government cost 

estimate

3, 5

IGE independent 

government estimate

1, 5, 6

iRAPT invoicing, receiving, 

and property transfer

5

ISOPREP Isolated Personnel 

Report

4, 8

J1 manpower and 

personnel directorate of 

a joint staff

7

J2 intelligence directorate 

of a joint staff

4, 8

J4 logistics directorate of a 

joint staff

3, 4, 8

J&A justification and 

approval

5, 6

Appendix A

Abbreviations and Acronyms
322 Defense Contingency Contracting Handbook

Abbreviation Term Chapter(s)

JCASO Joint Contingency 

Acquisition Support 

Office

2, 4

JCCS Joint Contingency 

Contracting System 

(now JCXS)

4, 5, 6

JCXS Joint Contingency & 

Expeditionary Services

4, 5, 6

JCSB joint contracting 

support board

2, 3

JFC joint force commander 2, 3, 4, 5

JIT just in time 4

JLLS Joint Lessons Learned 

System

4

JOA joint operational area 2, 3, 5

JRSOI joint reception, staging 

and onward integration

4

JOPES Joint Operation 

Planning and Execution 

System

8

JOPP joint operation planning 

process

4

JP Joint Publication 2, 3, 4, 5, 6, 8, 9

JRC joint reception center 4

JRRB joint requirements 

review board

1, 2, 3, 4

JTF joint task force 2

Appendix A

Abbreviations and Acronyms
323

Abbreviation Term Chapter(s)

JTSCC Joint Theater Support 

Contracting Command

2, 4, 5, 6

LD liquidated damage 6

LFA lead federal agency 9

LH labor hour 5

LN local national 3

LOA letter of authorization 4

LOGCAP Logistics Civil 

Augmentation Program

3, 4, 6

LPTA lowest price technically 

acceptable

5

LSC lead Service for 

contracting

2, 6

LSCC lead Service 

for contracting 

coordination

2

MAAWS money as a weapon 

system

3, 4

MFR memorandum for the 

record

1

MILCON military construction 3

MIPR Military 

Interdepartmental 

Purchase Request

3

MOA memorandum of 

agreement

4

Appendix A

Abbreviations and Acronyms
324 Defense Contingency Contracting Handbook

Abbreviation Term Chapter(s)

MPFU Major Procurement 

Fraud Unit

1

MST mission support team 4

MWR morale, welfare, and 

recreation

3

NAF nonappropriated funds 3

NAFTA North American Free 

Trade Agreement

5

NATO North Atlantic Treaty 

Organization

4

NAVCOMPT Navy Comptroller 

(form)

3

NAVFAC Naval Facilities 

Engineering Command

4, 6

NAVSUP Naval Supply Systems 

Command

3, 4

NCF Naval Construction 

Force

4

NCIS Naval Criminal 

Investigation Service

1, 4, 8

NCO noncommissioned 

officer

2

NDAA National Defense 

Authorization Act

3, 5

NGO nongovernmental 

organization

4

NORTHCOM Northern Command 4, 9

NRF National Response 

Framework

9

Appendix A

Abbreviations and Acronyms
325

Abbreviation Term Chapter(s)

NTP notice to proceed 6

O&M operations and 

maintenance

3

OAR obligation adjustment 

reporting

3

OCONUS outside continental 

United States

2, 4, 5

OCS operational contract 

support

2, 3, 4, 5

OCSIC Operational contract 

support integration cell

2, 4, 5

OCSJX Operational contract 

support joint exercise

4

OE operational 

environment

2, 4

OFPP Office of Federal 

Procurement Policy

9

OGE Office of Government 

Ethics

1

OHDACA overseas humanitarian, 

disaster, and civic aid

3

OMB Office of Management 

and Budget

5, 9

OO ordering officer 8

OPLAN operations plan 9

OPNAVINST Office of the Chief 

of Naval Operations 

Instruction

3

OPR office of primary 

responsibility

3

Appendix A

Abbreviations and Acronyms
326 Defense Contingency Contracting Handbook

Abbreviation Term Chapter(s)

OPS Office of Operations 

Coordination and 

Planning

9

OUSD(AT&L) Office of the Under 

Secretary of Defense 

for Acquisition, 

Technology and 

Logistics

4

OPSEC operations security 8

ORF official representation 

funds

3

OSI Office of Special 

Investigations

1, 4, 8

PACOM Pacific Command 4, 8

PCO procuring contracting 

officer

4, 6

PD2 Procurement Desktop 

Defense

5, 6

PEO program executive 

officer

6

PGI Procedures, Guidance, 

and Information

1, 3, 4, 5, 6, 9

PII personally identifiable 

information

8

PIIN procurement instrument 

identification number

4, 5, 6

Appendix A

Abbreviations and Acronyms
327

Abbreviation Term Chapter(s)

PMO program management 

office

4

PNM price negotiation 

memorandum

5

POC point of contact 4, 6

POL petroleum, oil, and 

lubricants

4

POP period of performance 6

P2P procure to pay 5

P2PPAWG Procure-to-Pay Process 

Advocates’ Working 

Group

5

PPIRS Past Performance 

Information Retrieval 

System

6

PPT performance price 

tradeoff

5

PR purchase request 3, 4, 5, 6, 9

PSC private security 

contractor

4

PSD personal security detail 8

PWS performance work 

statement

3, 6

QAE quality assurance 

evaluator

1, 3

QAR quality assurance 

representative

6, 9

Appendix A

Abbreviations and Acronyms
328 Defense Contingency Contracting Handbook

Abbreviation Term Chapter(s)

QASP quality assurance 

surveillance plan

1, 3, 6

RA requiring activity 3

RCC regional contracting 

center

2, 4, 5

RCO regional contracting 

office

2

RCP requisition control point 9

R&D research and 

development

3

RDT&E research, development, 

test, and evaluation

3

REA request for equitable 

adjustment

5, 6, 7

RFA request for assistance 9

RFP request for proposals 5

RIP/TOA relief in place/transfer 

of authority

6

RM resource management 3

ROM rough order of 

magnitude

4

RP requirements package 3, 6

RPR receipt for property 

received

5

SAT simplified acquisition 

threshold

4, 5, 6, 9

SAM System for Award 

Management

5, 9

Appendix A

Abbreviations and Acronyms
329

Abbreviation Term Chapter(s)

SAP simplified acquisition 

procedure

5

SAT simplified acquisition 

threshold

4, 5, 6, 9

SCO senior contracting 

official

2, 4, 6

SecDef Secretary of Defense 9

SECNAVINST Secretary of the Navy 

Instruction

3

SERE survival, evasion, 

resistance, and escape

4

SF standard form 2, 4, 5, 6

SFA security force 

assistance

4

SOCOM Special Operations 

Command

2

SOF special operations 

forces

4

SOFA status of forces 

agreement

4, 8

SOO statement of objectives 3, 5, 6

SOP standard operating 

procedures

2, 4, 5, 6, 7, 8

SOUTHCOM Southern Command 4, 8

SOW statement of work 3, 5, 6

SPOT Synchronized 

Predeployment and 

Operational Tracker

4, 5

Appendix A

Abbreviations and Acronyms
330 Defense Contingency Contracting Handbook

Abbreviation Term Chapter(s)

SPOT-ES Synchronized 

Predeployment and 

Operational Tracker– 

Enterprise Suite

5

SPS Standard Procurement 

System

6

SSD source selection 

decision

5

STEP Smart Traveler 

Enrollment Program

8

SWA Southwest Asia 9

T4C termination for 

convenience

3, 6

T4D termination for default 6

TBC theater business 

clearance

3, 4, 5, 6

TIP trafficking in persons 1

T&E test and evaluation 3

T&M time and materials 5

TRANSCOM Transportation 

Command

6

TSOC Theater Special 

Operations Command

2

UCA undefinitized contract 

action

5

UCMJ Uniform Code of 

Military Justice

1, 5

UID unique identification 6

Appendix A

Abbreviations and Acronyms
331

Abbreviation Term Chapter(s)

USAAA United States Army 

Audit Agency

1

USACE United States Army 

Corps of Engineers

3, 4, 6

USAID United States Agency 

for International 

Development

4, 8

U.S.C. United States Code 1, 2, 3, 4, 5, 6, 7, 9

USD(AT&L) Under Secretary of 

Defense for Acquisition, 

Technology and 

Logistics

4, 6

USFOR-A United States Forces– 

Afghanistan

3

VCE Virtual Contracting 

Enterprise

6

WAWF Wide Area Workflow 5, 6

WTO World Trade 

Organization

5

Appendix A

Abbreviations and Acronyms
332 Defense Contingency Contracting Handbook

A

Abandoned or Unclaimed Property 231

Acquisition and Cross-Servicing Agreements 264, 306, 308

Acquisition Methods 308

Acquisition Process 36, 68, 89, 137, 142, 205, 299, 308

Acquisition Requirements Roadmap Tool (ARRT) 59, 235

Administrative Change 219

Antideficiency Act 51, 52, 58, 313

B

Balance of Payments Program 164, 165, 166

Berry Amendment 166, 167

Blanket Purchase Agreements 176, 297

Bona Fide Need Rule 55

Bona Fide Needs Rule 53

BPA Authorized Callers 230

Bulk Funding 81

Buy American Statute 164, 166

C

Cash Advances 186

CCO’s Final Decision 249, 252, 253

Change Orders 217, 218, 221, 288, 301

Changes Clause 218, 219, 221

Checks and Balances 23, 29, 30, 186, 199

Civil Augmentation Programs 93, 117

Class J&As 160, 161

Combatant Commander Logistics Procurement Support 71

Combatant Commander Logistics Procurement Support Board (CLPSB) 71

Index
333

Combating Trafficking in Persons 18, 19

Command Authority 34, 35, 37

Commanders’ Emergency Response Program 80

Commercial Items 154, 172, 176, 177, 178, 184, 226, 227, 284, 285

Commerciality of the Requirement 154

Common Fraud Indicators 23

Common Fraud Offenses 20

Common Practices That Result in Waste and Abuse 26

Competition Requirements Under Sap 145

Conflict of Interest 9, 13, 14, 29, 107, 186

Construction Contract Administration 209, 289

Construction Contracting 56

Construction Contracting 149

Constructive Change 219

Contingency Acquisition Support Model (cASM) 59, 63, 99, 232

Contingency Business Environment (CBE) 63

Contingency Funding and Requirements Process 84

Contingency Operations 9, 25, 34, 35, 61, 77, 83, 86, 88, 90, 93, 94, 

100, 117, 119, 121, 122, 123, 128, 134, 146, 163, 199, 205, 266, 

286

Contract Action Reporting 232

Contract Administration 29, 48, 92, 117, 119, 120, 134, 168, 198, 199, 

200, 202, 205, 217, 222, 223, 230, 235, 288, 289, 293, 315

Contract Claims 246, 247, 302

Contract Closeout 46, 144, 199, 229, 233

Contract Disputes And Appeals 249

Contract Files 198, 202, 251

Contracting Appointment Authority 37

Contracting Authority 34, 35, 37, 38, 40, 42, 43, 45, 92, 93, 94, 307, 

310

Contracting Officer’s Representatives 10, 39, 290

Index
334 Defense Contingency Contracting Handbook

Contracting Processes 138, 308

Contracting Structure 34

Contract Modifications 204

Contract Monitoring 197, 212

Contract Monitoring System 213

Contractor Claims 200, 228, 246, 247, 248

Contractor Training 208

Contract Settlements and Alternative Dispute Resolution 251

Contract Tracking and Reporting 193, 309

Contract Types 137, 147, 155

Contractual Instruments 176

COR Key Duties 214

COR Nomination 68

Corrective Action 214, 245

Cost-Reimbursement Contracts 149

Cost Risk 155, 156

Cultural Awareness 125

Cure Notice 226, 227, 228

Currency Declaration 170

Customs and Taxes 264

D

DD Form 1155 176, 177, 178, 180, 188

Declared Contingency 89

Defense Contract Audit Agency 24, 46, 69, 134, 150, 317

Defense Contract Management Agency 24, 120, 134, 150, 211, 318

Defense Logistics Agency 44, 81, 86, 133, 134, 198, 290, 318

Defense Support of Civil Authorities 91, 279, 319

Delegation of Contract Administration 222

Delinquency Notices 227

Index
335

Delivery Orders 178, 239

Determinations and Findings 33, 203

Domestic Disaster and Emergency Relief 91

Domestic Emergencies 276

Domestic Source Restrictions 164

E

Elicitation, Espionage, and Subversion 268

Emergency Acquisition Flexibilities 88, 275, 277, 283

Ethical Contracting in Contingency Environments 30

Ethics 3, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 

25, 26, 27, 28, 29, 30, 31, 190, 260, 310, 326

Evaluation Factors for Award 183

Exhaustion of Logistics Supply and Required Sources 111

F

Fair and Reasonable Prices 48, 205, 261

Federal Response 278

File Management 198, 202

Finance and Contracting Relationship 69

Fiscal Law Constraints 50, 52, 307

Fixed-Price Contracts 147

Foreign Acquisition 269

Foreign Disaster Assistance 80

Fraud 12, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 31, 97, 191, 200

Fund Cites 83

Funding Procedures 50, 81

Funds Certification Officer 82

Index
336 Defense Contingency Contracting Handbook

G

General Deployment Procedures 125

General Principles of Government Service 11, 310

Gift Prohibition 10

Governmentwide Commercial Purchase Card 145, 305, 306, 311, 320

H

Head of Contracting Activity 45

Homeland Security Operations 279

Host Nation Support 27, 46, 87, 306, 308, 321

Humanitarian or Peacekeeping Operations 88, 90

I

Identification of Fraud Indicators 20

Imprest Funds 146

Incident Command System 282, 322

Installation Access 174

Interagency Coordination 26, 27, 264

Interagency Support 96

Interim Payments 185, 187, 188

Interpreter Services 263

J

Joint Contracting Support Board (JCSB) 71, 73, 309, 323

Joint Force Commanders 168

Joint Staff 34, 40, 46, 133, 267, 322

Index
337

Joint Theater Support Contracting Command (JTSCC) 40, 42, 116

Justifications and Approvals 159, 312

K

Kickbacks 6, 9, 11, 16, 20, 260

L

Lead Service for Contracting (LSC) 40

Letter Contracts 153, 218, 303

Lines of Approval 63

Liquidated Damages 210

Local Area Preferences 284

Local Business Practices 262

Local Contracting Support Plans 291

Logistics Civil Augmentation Program 73, 118, 324

M

Major Theater Wars 112

Micro-Purchases 189, 283

Military Construction 63, 67, 75, 123, 209

Military Exercises 92

Military Interdepartmental Purchase Request (MIPR) 62

Mixed Funding 77

Mobilization and Initial Deployment 131

Multinational Programs 264

Index
338 Defense Contingency Contracting Handbook

N

National Response Framework 278

NATO Tasking 85, 113

Nonappropriated Funds 77

Noncommercial Advance And Partial Payments 186

Nonseverable Services 54, 55

O

Obligating the Government 195

Operational Contract Support Integration Cell (Ocsic) 44, 102, 169, 

306, 307, 308, 311

Operational Contract Support (Ocs) 49, 196, 305

Operational Phases 86, 88, 130

Operation and Maintenance 54, 75

OPSEC 255, 257, 263, 266, 267, 327

Options Instead of Advance Payments 188

Oral Solicitations 163

Other Funding Procedures 81

P

Partial Payment 188

Paying Agent Duties 30

Payment Information 176, 232

Payment in Local Currency 170

Period Of Availability 53

Personnel and Administrative Preparations 98

Personnel Recovery 100, 106, 125, 129, 272, 273, 328

Phases of an Operation 130

PIIN Logs 193

Index
339

Planning and Guidance 135

Plugging in Downrange 85, 107, 305, 306, 307, 308, 309

Pre-Award Determinations and Memorandums 171, 306, 308, 312

Preconstruction Conference 209

Predeployment Planning 88, 305

Price Negotiation Memorandum 171

Prioritization of Requirements 60

Procurement Instrument Identification 193

Proposal Evaluation and Discussions 183

Protest After Award 242

Protests 3, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 

248, 249, 250, 251, 252, 253, 254

Protests, Claims, Disputes, and Appeals 237, 238, 254

Publicizing Contract Actions 162

Purchase Descriptions 64

Purchase Orders 21, 23, 155, 177, 226

Purchase Requests 50, 59, 307, 308, 309, 310

R

Ratifications 136, 195, 310

Reachback Support 116, 223

Redeployment 86, 104, 105, 122, 132, 194, 201, 222, 231

Regional Contracting Center 195

Regional Contracting Offices 292, 295

Reporting of Gifts 16

Request for Equitable Adjustments 253

Requirements Contract 152, 178

Requirements Package 37, 63, 232, 310, 329

Responsible Prospective Contractor 173

Risk Assessment 127, 128

Robert T. Stafford Act 280

Index
340 Defense Contingency Contracting Handbook

S

Sealed Bidding 184

Selection And Appointment Of Contracting Officers 38

Senior Contracting Official 45, 195, 306, 308

Service 8, 11, 24, 34, 37, 40, 41, 42, 43, 44, 45, 48, 67, 68, 69, 78, 98, 

101, 102, 106, 131, 170, 182, 186, 194, 256, 263, 268, 277, 288, 

305, 307, 310, 318, 321, 324, 325

Sf 44 98, 143, 146, 176, 188, 189, 191

Sf 1449 98, 143, 176, 177, 178, 180

Simplified Acquisition Procedures 137, 311

Situational Awareness 3, 255, 256, 257, 258, 259, 260, 261, 262, 263, 

264, 265, 266, 267, 268, 269, 270, 271, 272, 273

Smaller-Scale Contingencies 90

Source Selection Plan 182

Spot Business Rules 127, 168

Statement of Work 59, 156, 212, 330

Status of Forces Agreement 330

Supplies 55, 176

Supply Classes 111

Sustainment 62, 87, 115, 131

Synopsis of Requirements 162

T

Task Orders 73, 94, 119, 120, 132, 178, 222, 223, 239

Temporary Waiver of Cargo Preference Act Requirements 91

Tenets of Government Service 310

Termination for Cause 227

Termination for Convenience 76, 221, 331

Termination for Default 223, 331

Terminations 177, 224, 293

Index
341

Theater Business Clearance 233

Threat Factors 269

Trade Agreements Act 164, 165, 166

Types of Contract Support 85, 92

Types of Funding 51, 52, 75

U

Unauthorized Commitments 12, 192, 310

Undefinitized Contract Actions 153, 182, 221

Unilateral Modifications 221

Unique Contracting Considerations 136, 168, 306, 307, 308, 312

W

Waste and Abuse 3, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 

22, 23, 24, 25, 26, 27, 28, 29, 30, 31

Wide Area Workflow 169, 332

Index