maintenance, Army” (OMA) funds to lease the same vehicles multiple times.
“We probably wound up paying for those vehicles three times over,” observed one senior contracting officer familiar with the problem.
To avoid this problem, appropriations laws should change to provide senior commanders with latitude in reprogram- ming (transferring) operational funds. Current federal appropriations law, most notably the Antideficiency Act, “prohib- its federal employees from making or authorizing an expenditure from, or cre- ating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropria- tion or fund unless authorized by law.” Tis restriction, which dates to the origi- nal Antideficiency Act passed in 1884, restricts government officials from spend- ing funds they don’t have and further prohibits spending funds appropriated by Congress for purposes not intended by Congress.
Tese prohibitions make perfect sense within the routine, fairly predictable budget cycle in which most federal agencies operate. During contingency operations, however, military command- ers must cope with mission requirements that change on a daily, if not hourly, basis. Because lives are at stake, these operations demand more speed and flexibility, not only from the American military forces performing these missions, but also from the organizations and resources provided to support them.
A WELL-PLACED EXCEPTION Unfortunately, current fiscal laws are ill-equipped to respond to these emerg- ing requirements. Te laws themselves provide limited flexibility for respond- ing to unforecast requirements, and the legislative process is generally slow to
A BETTER MOUSETRAP
Master Sgt. Joe Mancias, 36th Infantry Division Garrison Command noncommissioned officer in charge, directs local Iraqi contractors at Contingency Operating Base Basra, Iraq, in June 2011. The contractors, referred to as “the Blue Man Crew,” loaded up debris left from the move of Army and Air Force Exchange Service facilities. The author recommends a better balance of timeliness, regulation and best value for optimal results in contingency contracting missions. (Photo by Pvt. Andrew Slovensky, 362nd Mobile Public Affairs Detachment)
TRANSFER OF RESPONSIBILITY
Sgt. Peter Streb of the 3rd Advise and Assist Brigade (AAB), 1st Cavalry Division (1st CAV) briefs local Iraqi workers at the start of a June 2011 day on Contingency Operating Station (COS) Garry Owen. The COS transferred to the control of the Iraqi Army later that year when the U.S. military prepared to end its mission in Iraq. Approximately 2,500 contractors continue to support U.S. military operations in Iraq, and about 26,500 in Afghanistan. (U.S. Army photo by Staff Sgt. Victor Rios, 3rd AAB, 1st CAV)
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