Contingency Contracting Policy

Procurement policy requirements for contingency contracting appear in regulations and memorandums. The Federal Acquisition Regulation (FAR) Part 18 and Defense FAR Supplement (DFARS) Part 218, “Emergency Acquisitions,” provide the overriding regulatory guidance for contingency contracting. FAR Subpart 25.4 and DFARS Subpart 225.4, “Trade Agreements” also apply.

NDAA FY2012 Section 841/FY2014 Section 831 Identified Entities

Identified Enemy List

The following are contingency contracting memorandums issued by the Office of the Secretary of Defense to promulgate contingency procurement policy, organized by topic.

Policy Topics

Authority / Class Deviations

Date Signed Signed by Title
15-Oct-14 DPAP Class Deviation-Operation United Assistance
Summary: This class deviation provide guidance, deviation clause, and National Interest Action Code for contractor performance in the designated operational area for Operation United Assistance.
17-Sep-14 DPAP Class Deviation-Prohibition on Contracting with the Enemy
Summary: This class deviation provides policy and related attachments regarding the prohibition on contracting with the enemy.
12-Oct-12 DPAP Authorization for Contractors to Use Government Supply Sources in Support of Operation Enduring Freedom
Summary: Through a class deviation to FAR 51.101, contracting officers are encouraged to authorize contractors (including contractors with fixed-price contracts) to use GSA Central Asia and South Caucasus Supply Catalog under the GSA Global Supply Program, in performance of contracts in support of Operation Enduring Freedom.
26-Feb-10 DPAP Class Deviation 2009-O0010 to DFARS for Continuation of Essential Contractor Services
Summary: This memorandum informs components that when working with contractors performing essential services they must develop and implement plans and procedures that will provide reasonable assurance of the continuation of essential services during any crisis situation using contractor employees or other resources as necessary.
27-Aug-09 DPAP Class Deviation to the DFARS for Continuation of Essential Contractor Services
Summary: This memorandum ensures continuity of DoD contractor services during crises, including services provided to Foreign Military Sales customers.
19-Aug-09 DPAP Class Deviation from DAR 32.9, Prompt Payment for Emergencies and Contingencies
Summary: This memorandum allows all DoD contracting agencies to deviate from the requirements of FAR 32.9, “Prompt Payment,” in defined emergency or contingency situations.
15-Jul-09 DPAP Class Deviation for DFARS to Implement D&Fs Regarding Foreign Participation in DoD Acquisition in Support of Operations in Afghanistan
Summary: This memorandum allows acquisition from the nine South Caucasus/Central and South Asian states.
12-Feb-09 DPAP Class Deviation - Authority to Make Determinations with Regard to Acquisition of Products and Services, Other than Small Arms, Produced in Iraq and Afghanistan
Summary: This memorandum delegates authority to the Commander, Joint Contracting Command–Iraq/Afghanistan (JCC-I/A), without power of redelegation.
3-Sep-08 DPAP Class Deviation–Contract Actions Supporting Contingency Operations or Facilitating Defense Against Recovery from Nuclear, Biological, Chemical or Radiological Attack
Summary: This memorandum permits contracting activities to make determinations that otherwise would need to be made by the head of the agency, for contract actions that support contingency operations or facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack.
17-Oct-07 DPAP Class Deviation–SPOT to Account for Contractor Personnel Performing in the U.S. Central Command Area of Responsibility
Summary: This memorandum provides a new clause designating SPOT as the central repository for information on contractors deploying with the forces.
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Civilian Expeditionary Workforce

Date Signed Signed by Title
2-Feb-11 DPAP Call for Volunteers: Civilian Expeditionary Workforce
Summary: This memorandum requests civilian contracting employees to volunteer to serve in the Civilian Expeditionary Workforce as Contingency Contracting Officers.
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Competition

Date Signed Signed by Title
17-Feb-12 DPAP Contingency Competition Goals and Competition Reviews of Certain Omnibus Contracts
Summary: This memorandum establishes contingency competition goals for Operation Enduring Freedom (OEF), requires the Components to report progress against the goals, and requires reviews of certain omnibus contracts used in support of contingencies.
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Contingency Contracting Officers (CCOs)

Date Signed Signed by Title
11-Jul-12 DPAP Defense Contingency Contracting Handbook, 4th Edition
Summary: This memorandum requests final comments on the draft 4th Edition of the Defense Contingency Contracting Handbook. Defense Procurement and Acquisition Policy (DPAP) led a joint team of subject matter experts representing the Services and Defense Agencies to develop the 4th Edition of the Defense Contingency Contracting Handbook. This pocket-sized handbook and its accompanying DVD provide essential information, tools, and training for DoD Contingency Contracting Officer's (CCOs) to meet the challenges they may face, regardless of the mission or environment.
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Contract Administration Roles

Date Signed Signed by Title
25-Oct-07 DPAP Amplifying Guidance Regarding Procedures for Contracting, Contract Concurrence and Contract Oversight for Iraq and Afghanistan
Summary: This memorandum explains the roles of the JCC-I/A, Defense Contract Management Agency, and others performing contract administration in Iraq and Afghanistan.
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Contract Coordination

Date Signed Signed by Title
26-Feb-13 DPAP Contract Coordination Update for the USCENTCOM Area of Responsibility [FOUO, CAC-enabled]
Summary: This memorandum supports reference (a) and reiterates the requirement for and importance of DoD contracting activities to coordinate contract support with C-JTSCC when performance occurs in Iraq and Afghanistan.
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Contracting Officer's Representatives (CORs)

Date Signed Signed by Title
11-Jul-12 DPAP Defense Contingency Contracting Officer Representative: 2nd Edition
Summary: This memorandum announces the upcoming release of Defense Contingency Contracting Officer's Representative (COR) Handbook, Version 2. This handbook will be electronically available as of August 31, 2012, at the DPAP website. Each component with a contingency COR Handbook requirement should confirm or update the distribution information.
6-Sep-11 DPAP Contracting Officer's Representative On-line Training
Summary: This memorandum provides guidance to contracting officer's when designating COR's who require on-line COR training for certification.
11-Jul-11 DPAP Contracting Officer's Representative Designation -- Iraq
Summary: This memorandum provides guidance when appointing Department of State (DoS) personnel as a Contracting Officer's Representative (COR) for contractual instruments executed by Department of Defense (DoD) in support of DoS in Iraq.
19-Feb-09 DSD Contingency Contracting Capability/Contracting Officer Representatives (COR) Total Force Assessment and Implementation Plan
Summary: This memorandum requires components to develop a detailed analysis regarding manpower requirements for a total contingency contracting mission capability. It states that these organizations must plan and program to have the force structure capable of supporting the current effort and future contingency operations, including contract administration and CORs.
22-Aug-08 DSD Monitoring Contract Performance in Contracts for Services
Summary: This memorandum mandates that requiring activities comply with guidance to ensure that properly trained and ready CORs are assigned prior to contract award.
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Contractor Taxation

Date Signed Signed by Title
22-Apr-13 DPAP Amplifying Guidance on Contractor Taxation - Performance in Afghanistan
Summary: This memorandum provides amplifying guidance on taxation to DoD Contracting Activities that currently have contracts, or will award contracts, with performance in Afghanistan.
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Iraq - Post 2011 - Contracting Reference Sources

Date Signed Signed by Title
20-Dec-11 DPAP Post 2011 Iraq - Contracting and Contractor Related Guidance and Information
Summary: This memorandum provides guidance on where to find contracting and contractor-related guidance for Iraq, including websites for the US Embassy Baghdad, DoD Foreign Clearance Guide, USCENTCOM Operational Contract Support, and DPAP contingency contracting.
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Medical Care

Date Signed Signed by Title
26-Feb-13 DPAP Life Support for Third Party Contractors in Iraq [FOUO, CAC-enabled]
Summary: Summary: Summary: Summary: This memorandum forwards State Department Memorandum, “Life Support for Third Party Contractors,” dated December 27, 2012, and provides additional/clarifying guidance regarding a request contained in paragraph 7 of the attached State Department cable.
26-Apr-12 DPAP Life Support for Third Party Contractors in Afghanistan
Summary: Summary: This memorandum is to advise DoD Contracting Officers and Contracting Officers Representatives (COR) that Embassy Kabul must concur before any DoD Contracting Officers obligates the U.S. mission in Afghanistan to provide life support of any kind to contractor personnel.
20-Dec-11 DPAP Notification of Retroactive Billing for Medical Services Provided by Non-Fixed Medical Facilities in the USCENTCOM AOR
Summary: This memorandum implements the Defense Finance and Accounting Service (DFAS) billing process for contractors supporting U.S. Forces in Southwest Asia who received medical treatments.
17-Sep-07 DPAP Contractor Healthcare Services-Defense Contractor Outside the United States
Summary: This memorandum reiterates that the Department’s policy limits healthcare coverage to resuscitative and emergency care for contractors supporting U.S. forces deployed outside the U.S.
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Operation Enduring Freedom

Date Signed Signed by Title
05-Sep-12 USD(AT&L) Procurement of Products, Services, and Construction Materials from the Central Asian States in Support of Operation ENDURING FREEDOM
Summary: Section 801 of NDAA FY10 authorizes DoD to limit competition to or provide a preference for products and services that are from one or more of nine countries along a major route of supply to Afghanistan in support of military or stability operations in Afghanistan. This memorandum forwards new policy and regulations under which contracting activities will attempt to procure products and services from the five Central Asian States (listed in the memo) or procuring products or services under any other authority in support of Operation ENDURING FREEDOM.
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Operational Contract Support

Date Signed Signed by Title
5-Nov-09 DPAP Standardized Operational Contract Support (OCS) Webpage
Summary: This memorandum requires Geographic Combatant Commands to establish a standardized Operational Contracting Support (OCS) webpage, in furtherance of DFARS PGI 225-74, "Solicitation and Award of Contracts for Performance in a Foreign Country or Delivery to any Unified Combatant Command Theater of Operation."
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Oversight

Date Signed Signed by Title
14-May-12 DPAP Reporting Requirement for Sections 841 and 842 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2012 (Public Law 112-81)
Summary: This memorandum implements reporting requirements for Sections 841 and 842 of the NDAA for FY 2012. Section 841 prohibits contracting with the enemy in U.S. Central Command (CENTCOM) theater of operations. Section 842 authorizes the contracting officer to examine any records of the contractor or subcontractor to the extent necessary to ensure that funds available under the contract are not subject to extortion or corruption, and are not provided directly or indirectly to persons or entities that are actively supporting an insurgency or otherwise actively opposing US or coalition forces in the CENTCOM theater of operations.
12-Feb-10 DPAP GAO Review of Contracting in Iraq and Afghanistan, Section 863, NDAA 2008 (GAO Code 120874)
Summary: This memorandum issues a request for FY 2009 data to support a GAO review of DoD contracting in Iraq and Afghanistan.
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Theater Business Clearance

Date Signed Signed by Title
28-Oct-13 DPAP Theater Business Clearance Update for the USCENTCOM AOR
Summary: This memorandum increases the Theater Business Clearance threshold in Afghanistan to solicitations and contracts greater than $100,000 and/or with 30 days of performance. The other requirements in the DPAP Memorandum, "Theater Business Clearance Update for the USCENTCOM Area of Responsibility," dated September 11, 2013, remain in effect.
11-Sep-13 DPAP Theater Business Clearance Update for the USCENTCOM Area of Responsibility
Summary: This memorandum rescinds the requirement for Theater Business Clearance of contracts for performance or delivery in Iraq set forth in OSD/DPAP Memorandum, "Theater Business Clearance Update for the USCENTCOM Area of Responsibility" dated February 26, 2013 and the OSD/DPAP Memorandum, "Life Support for Third Party Contractors in Iraq," dated February 26, 2013. However, the requirement to seek prior U.S. Embassy Baghdad concurrence before agreeing to life support arrangements requiring support from U.S. Mission-Iraq remains in effect.
13-Jun-13 DPAP Theater Business Clearance Update for USCENTCOM Area of Responsibility
Summary: This memorandum is notification of a change to the Theater Business Clearance (TBC) process applicable to DoD contracts with performance in Afghanistan valued in excess of $30,000 or with performance greater than 30 days.
26-Feb-13 DPAP Theater Business Clearance Update for the USCENTCOM Area of Responsibility
Summary: This memorandum provides updated Theater Business Clearance guidance. In accordance with reference (a), effective immediately C-JTSCC no longer has Theater Business Clearance (TBC) responsibility for Kuwait and Pakistan. However, C-JTSCC retains TBC for all DoD contracts within Iraq and Afghanistan. This memorandum reiterates the requirement for and importance of DoD contracting activities to coordinate contact support with C-JTSCC when performance occurs in Iraq and Afghanistan.
27-Jul-12 DPAP Theater Business Clearance/Contract Administration Delegation Update - Integration of TBC with the Joint Contingency Contracting System Platform
Summary: This memorandum requires DoD Contracting Officers to use the JCCS Platform's TBC Module to submit TBC requests for proposed contract efforts in the designated TBC countries: Afghanistan, Iraq, Kuwait and Pakistan, and announces online and webinar training. The aggressive rollout of this platform is imperative to provide visibility and control of the flow of contracted support into theater, especially in Afghanistan.
23-Jul-12 DPAP Theater Business Clearance/Contract Administration Delegation (TBC/CAD) Non-Compliance in Afghanistan
Summary: This memorandum directs all contracts within SPOT with performance in Afghanistan for which the required TBC approval number is incorrect, out of date or not identified, be brought into compliance with the TBC/CAD requirements for Afghanistan by August 22, 2012. Please provide your consolidated reports through the Compliance Report spreadsheet.
16-Dec-11 DPAP Theater Business Clearance/Contract Administration Delegation Update
Summary: This memorandum provides information on the change in TBC rules for Iraq and requires contracting officers to modify contracts with performance or delivery in Iraq to reflect the updated TBC requirements.
30-Sep-11 DPAP Theater Business Clearance/Contract Administration Delegation (TBC/CAD) Update
Summary: This memorandum requires use of the DoD Contracting Officer Representative Tracking Tool (CORT Tool) in theater and incorporation of this requirement into the TBC/CAD Checklist for compliance tracking, prior to the contract award.
13-Oct-10 DPAP Theater Business Clearance/Contract Administration Delegation (TBC/CAD) Update
Summary: This memorandum specifies that TBC and SPOT are being integrated and the policies for issuing Letters of Authorization (LOAs) are being updated accordingly.
Summary: This memorandum extends the effective date for application of TBC coverage to Kuwait and Pakistan. The original effective date was October 1, 2010; the memo extends it to November 1, 2010.
29-Jun-10 DPAP Theater Business Clearance/Contract Administration Delegation (TBC/CAD) Update
Summary: This memorandum updates TBC/CAD guidance to: delineate the new TBC/CAD policy; and, reiterate authorities and responsibilities of DOD contracting activities specified in USCENTCOM FRAGO, 09-1640, "Realignment of the Joint Contracting Command-Iraq/Afghanistan to a Joint Theater Support Contracting Command."
15-Sep-09 DUSD(A&T) Theater Business Clearance/Contract Administration Delegation Compliance
Summary: This memorandum emphasizes the importance of complying with the established Theater Business Clearance (TBC) process and the associated contract administration delegation process.
20-Dec-07 DPAP Retroactive Iraq/Afghanistan Contract Compliance and Assignment of Contract Administration
Summary: This memorandum directs DoD acquisition agencies to review existing contracts to ensure they comply with U.S. Central Command and Multi-National Forces-Iraq policies and directives. Following the review, the contracts are to be submitted for Theater Business Clearance. Also, the memorandum provides instructions for contract administration assignment to the JCC-I/A.
26-Nov-07 DPAP Iraq/Afghanistan Theater Business Clearance
Summary: This memorandum requires Theater Business Clearance for contracts with performance in, or delivery to, Iraq and Afghanistan, to ensure the necessary terms and conditions comply with the in-country commanders’ plans.
6-Mar-07 JCC-I/A Consistent Application of Theater Contracting Policies in Iraq and Afghanistan
Summary: This memorandum requests the CONUS-awarded contracts with performance in Iraq and Afghanistan be coordinated with the JCC-I/A, to ensure contracting best support theater plans.
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Theater Security Cooperation

Date Signed Signed by Title
17-Feb-12 DPAP Procurement Support of Theater Security Cooperation Efforts
Summary: This memorandum forwards links for a new PODCAST, pamphlet and brochure that provide useful summaries of key guidance contained at DFARS PDI 225.78, "Acquisitions in Support of Geographic Combatant Command's Theater Security Cooperation Efforts" and reiterates the policy stated in DPAP memorandum dated May 6, 2011.
6-May-11 DPAP Procurement Support of Theater Security Cooperation Efforts
Summary: This memorandum provides updated information on procurement support of theater security cooperation, including an updated Department of State cable and DFARS PGI 207.105(a)(20)(F) on acquisition planning considerations.
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