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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle D Provisions Relating to Contracts in Support of Contingency Operations

P. L. 112-

House Conference Report 112-705

SEC. 843. RESPONSIBILITY WITHIN DEPARTMENT OF DEFENSE FOR OPERATIONAL CONTRACT SUPPORT.

(a) Guidance Required- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall develop and issue guidance establishing the chain of authority and responsibility within the Department of Defense for policy, planning, and execution of operational contract support.

(b) Elements- The guidance under subsection (a) shall, at a minimum--

(1) specify the officials, offices, and components of the Department within the chain of authority and responsibility described in subsection (a);

(2) identify for each official, office, and component specified under paragraph (1)--

(A) requirements for policy, planning, and execution of contract support for operational contract support, including, at a minimum, requirements in connection with--

(i) coordination of functions, authorities, and responsibilities related to operational contract support, including coordination with relevant Federal agencies;

(ii) assessments of total force data in support of Department force planning scenarios, including the appropriateness of and necessity for the use of contractors for identified functions;

(iii) determinations of capability requirements for nonacquisition community operational contract support, and identification of resources required for planning, training, and execution to meet such requirements; and

(iv) determinations of policy regarding the use of contractors by function, and identification of the training exercises that will be required for operational contract support (including an assessment whether or not such exercises will include contractors); and

(B) roles, authorities, responsibilities, and lines of supervision for the achievement of the requirements identified under subparagraph (A); and

(3) ensure that the chain of authority and responsibility described in subsection (a) is appropriately aligned with, and appropriately integrated into, the structure of the Department for the conduct of overseas contingency operations, including the military departments, the Joint Staff, and the commanders of the unified combatant commands.

Responsibility within Department of Defense for operational contract support (sec. 843)

The Senate amendment contained a provision (sec. 861) that would require the Secretary of Defense to prescribe in regulations the chain of authority and responsibility within the Department of Defense for policy planning and execution of contract support for overseas contingency operations.

The House bill contained no similar provision.

The House recedes with an amendment that would extend the provision to address operational contract support in overseas operations of all kinds.

Senate Report 112-173

Responsibility within Department of Defense for contract support for overseas contingency operations (sec. 861)

The committee recommends a provision that would require the Secretary of Defense to prescribe in regulations the chain of authority and responsibility within the Department of Defense (DOD) for policy, planning, and execution of contract support for overseas contingency operations (OCO).

The Commission on Wartime Contracting in Iraq and Afghanistan (CWC) established pursuant to section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) found that DOD lacks `the organizational structure needed to force important lessons learned through the system and the authority to enable resource shift to support the acquisition process.' The CWC recommended the establishment of a new directorate within the Joint Staff to specifically focus on contingency contracting.

The committee recognizes that DOD has made significant improvements over the last 8 years in the way that it has organized itself to plan and manage OCO contract support. The provision recommended by the committee would require the Department to institutionalize these changes and ensure that the DOD's management structure provides clear authority and responsibility for the planning of contract support; the establishment and validation of contract requirements; the identification of resources and prioritization of funding needs; the award and execution of contracts; and the oversight and management of contractors in the field.

 

 

 

 

 

 

 

 

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