REACHING WAY BACK
Even the simplest aspects of contracting have a tendency to become complicated in an overseas environment.
to the dangers of unauthorized commitments by government purchase card holders. Te legal office takes concerns raised and lessons learned from previous missions and CCO after-action reports to identify relevant topics.
In another effort to shed light on potential legal issues that can arise in contingency operations, the 413th legal office actively participates in the annual Disaster Training Exercise (DTX).
DTX is a joint exercise with CCOs from the 413th CSB, the 411th CSB in Yongsan, Korea, and the 766th Specialized Contracting Squadron at Joint Base Pearl Harbor-Hickam in Hawaii. In the truncated timeline of one week, they are required to provide cradle-to-grave contracting support involving both simple cash purchases using Standard Form 44 acquisitions for bottled water and office supplies, and the more complex acquisi- tions involving blanket purchase agreements, contracting officer representatives and contract modifications.
During DTX, an attorney sleeps, eats and lives with the CTs while providing legal support and advice. Tis level of involve- ment builds camaraderie and team unity, and helps CCOs recognize legal issues that can arise during contingency operations.
In addition to providing legal, fiscal and ethical guidance, the contract attorney also injects legal issues into DTX. Te legal injects are meant to be dynamic and thought-provoking, forcing the CCOs to think outside the box and recognize the poten- tially far-reaching legal implications of a simple occurrence. For example, these injects demonstrate how a simple request from the host nation’s military to borrow equipment can lead to an
100 Army AL&T Magazine July-September 2016
analysis of bona fide needs, the Purpose Statute, ACSAs, bribes and improper gifts, and culminate in a possible claim, unau- thorized commitment or Antideficiency Act violation.
CONCLUSION As U.S. forces continue to shift focus to the Pacific theater, the frequency of overseas operations will undoubtedly continue to rise, along with the complexity of the required contracts. As a result, the interdependent relationship between CCOs and con- tracting attorneys will become much more important. To foster development of this relationship, the 413th CSB has outlined several keys to success:
• Continue to assign individual attorneys to missions. • Have attorneys conduct training for CCOs on a regular basis. • Incorporate attorneys into an annual capstone training exer- cise, such as the DTX or the DOD Operational Contract Support Joint Exercise.
• Encourage continued training and development of emerging topics for attorneys.
• Encourage continued interaction between Army contract attorneys with their sister service counterparts.
As the U.S. role in overseas missions and exercises continues to grow, the requirements for a CCO will become increasingly complex. With this added responsibility, authority and discre- tion comes the inherent danger of abuse and complacency.
In an effort to steer clear of this, the 413th CSB is constantly searching for innovative ways to provide the legal training for its CCOs and increase attorneys’ presence and involvement in overseas missions. It is only through this level of involvement that contract attorneys can provide advice on interpreting the FAR and guide CCOs in navigating the ethical, fiscal and legal landmines that litter the acquisition battlefield.
For more information, please visit the 413th CSB website at
http://www.acc.army.mil/ecc/413th or contact the author at
james.s.kim22.mil@
mail.mil.
CAPT. JAMES S. KIM is the deputy command judge advocate with the 413th Contracting Support Brigade at Fort Shafter, Hawaii. He holds a J.D. from Loyola Law School, Los Angeles, and a B.A. in history and economics from Boston College.
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