base capable of financially supporting our contracts, knowing that payment cannot be made until performance? In addition to assessing the effects of operational con- tract support on a local economy, a CCO must also be wary of the legal and ethical implications of overseas contracting.
Although all CCOs are well-versed in the basic tenets of the FAR, it is the con- tract attorneys who thrive on deciphering this massive tome. In a garrison set- ting, the attorneys are involved in every aspect of acquisitions, from the acquisi- tion strategy plan to award and beyond. Unfortunately, the sheer volume of opera- tions coupled with the limited number of attorneys make this level of involvement neither possible nor practical in the for- ward deployed environment of the Pacific.
Moreover, it would not be fiscally respon- sible to send an attorney on every overseas operation or training mission. Terefore, each CCO is presented with the chal- lenge of bridging the requirements of the mission with the FAR, while receiving reachback legal support from attorneys thousands of miles away to ensure that he or she is providing the same standard
PARTNERS
Maj. David Garrison, left, 413th CSB CCO, works closely with the Royal Cambodian Army liaison; Master Sgt. Warren Cooper, contract- ing officer’s representative; and Maj. Steven Huber, resource manager, during Angkor Sent- inel 2016, an annual U.S.-Cambodia exercise. Understanding the cultural and legal restrictions is crucial to developing a successful partner- ship with foreign militaries—the risk of making unauthorized commitments is real, in a collab- orative overseas exercise without a contracting attorney on site. (Photo by Master Sgt. Mary Ferguson, 8th Theater Sustainment Command Public Affairs Office)
of legal advice and support that’s offered in garrison.
ACTIVE MEMBERS OF THE CONTRACTING TEAM Te 413th CSB is constantly vigilant in its goal to inject and embed contract attor- neys with its contracting teams (CTs). With four attorneys spread across three offices in Hawaii and Alaska, the goal is to provide face-to-face legal advice when- ever
practical, including contingency
contracting. Each mission is assigned to a designated contract attorney who serves as the primary legal adviser.
Tis begins with the planning and solicitation phase in garrison, providing instant reachback support when the CTs are forward, and concludes with the suc- cessful completion of the mission. Te intent in providing each CT with its own dedicated attorney is multifaceted. It provides the CCO a single point of contact to reach back to in the event that immediate legal advice and guidance are required. Furthermore, the assigned attorneys are familiar with the mission, the requirements and the contingencies that will undoubtedly arise.
Even the simplest aspects of contracting have a tendency to become complicated in an overseas environment. With dif- ferent “colors” of money, cultural and business differences, unique require- ments and ethical issues contributing to an already constantly evolving situation, CCOs know to seek legal advice prior to making a decision or obligating the gov- ernment prematurely. Even taking time differences into account, legal advice can often be obtained in minutes, and is never more than a few hours away. Prior to departing on a mission, CCOs reach out to the servicing attorney and identify potential legal issues they are anticipat- ing, and the attorney is put on notice that reachback support under a tight turnaround time could likely be sought during this period.
Mission preparedness doesn’t begin with the identification of a contingency or overseas training exercise. Te 413th CSB takes a proactive approach, providing as much training and education as possible. Contract attorneys conduct monthly training on topics covering the gamut of contracting, from end-of-year fiscal issues and ethical concerns in foreign countries
ASC.ARMY.MIL
99
CONTRACTING
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136 |
Page 137 |
Page 138 |
Page 139 |
Page 140 |
Page 141 |
Page 142 |
Page 143 |
Page 144 |
Page 145 |
Page 146 |
Page 147 |
Page 148 |
Page 149 |
Page 150 |
Page 151 |
Page 152 |
Page 153 |
Page 154 |
Page 155 |
Page 156 |
Page 157 |
Page 158 |
Page 159 |
Page 160 |
Page 161 |
Page 162 |
Page 163 |
Page 164 |
Page 165 |
Page 166 |
Page 167 |
Page 168 |
Page 169 |
Page 170 |
Page 171 |
Page 172 |
Page 173 |
Page 174 |
Page 175 |
Page 176 |
Page 177 |
Page 178 |
Page 179 |
Page 180 |
Page 181 |
Page 182 |
Page 183 |
Page 184
