What operational contract support means

← All Insights

1. What part 158 covers

Part 158 of title 32 of the Code of Federal Regulations sets Defense Department policy, assigns responsibilities and gives procedures for operational contract support (OCS) outside the United States (32 CFR 158.1). It covers contract support integration, contracting support, and the management and deployment of defense contractor personnel in applicable operations. The part applies to contracts and contractor personnel supporting Defense components abroad in contingency operations, humanitarian assistance, peace operations and other activities (32 CFR 158.2). Those other activities include operations and exercises determined by a combatant commander or directed by the Secretary of Defense.

The definitions use the same reach. Applicable operations are contingency operations, humanitarian assistance or peace operations outside the United States, together with other activities so determined or directed (32 CFR 158.3). A contingency operation is one the Secretary of Defense designates, or one that becomes a contingency operation as a matter of law under 10 U.S.C. 101(a)(13). Defense components include the Office of the Secretary of Defense, the Military Departments, the Joint Staff, the combatant commands, the Inspector General, the Defense Agencies and the Defense field activities.

2. Contractors in the total force

The first policy statement in 32 CFR 158.4 is that defense contractor personnel are part of the total force (32 CFR 158.4(a)). The total force is the organizations, units and individuals that make up Defense resources for implementing the National Security Strategy (32 CFR 158.3). It includes active and reserve military personnel, military retirees, Defense civilians, contractor personnel and host-nation support personnel. The civilian group includes foreign national direct and indirect hires and nonappropriated fund employees.

A defense contractor is any individual, firm, corporation, partnership, association or other non-federal legal entity that contracts directly with the Defense Department to furnish services, supplies or construction (32 CFR 158.3). A prime contractor is any supplier, distributor, vendor or firm that has a contract with the United States government. A subcontractor furnishes supplies or services to or for a prime contractor or another subcontractor. The requiring activity is the military or other designated supported organization that identifies the need for contracted support and receives it.

3. Three functions under one heading

Operational contract support is the ability to orchestrate and synchronize integrated contract support and the management of contractor personnel supporting command-directed operations in a designated operational area (32 CFR 158.3). Defense components carry out its functions, including contract support integration, contracting support and contractor management, during applicable operations (32 CFR 158.4(b)).

Contract support integration is the coordination and synchronization of contracted support in a designated operational area in support of military operations (32 CFR 158.3). Contracting support is the coordination of contracts and the use of contracting authority by a warranted contracting officer, which legally binds commercial entities to perform. Contractor management is the oversight and integration of contractor personnel and their equipment supporting military operations. A contracting officer is a person with authority to enter into, administer or terminate contracts and make related determinations, and the term includes authorized representatives acting within delegated limits. A contracting officer’s representative is designated in writing to perform specific technical or administrative functions.

4. When contracted support is used

Defense components use contracted support only in appropriate situations, consistent with 48 CFR subpart 7.5, 48 CFR subpart 207.5 and Office of Federal Procurement Policy (OFPP) Policy Letter 11-01 (32 CFR 158.4(c)). Contracting itself means purchasing, renting, leasing or otherwise obtaining supplies or services from nonfederal sources, and it excludes grants and cooperative agreements (32 CFR 158.3). Acquisition begins when agency needs are established and runs through solicitation, award, financing, performance and administration. Contract administration runs from award through closeout and includes oversight by contracting professionals and designated non-contracting personnel.

Contractors are generally responsible for giving their employees all life, mission, medical, logistics and administrative support needed to perform (32 CFR 158.4(d)). In many operations, especially austere, hostile or non-permissive ones, the decision may be made, in the government’s interest, to allow selected support so that essential contractor services continue. Contractors authorized to accompany the force (CAAF) may receive government-furnished support suited to the operational situation, under the terms of the contract. An essential contractor service supports mission-essential functions, and a service is essential if interrupting it could seriously impair defense systems or operations, as the appropriate functional commander or civilian equivalent determines (32 CFR 158.3).

5. Kinds of contract in an operation

The part defines several kinds of contract (32 CFR 158.3). A theater support contract is awarded by contracting officers deployed to the operational area under the direct authority of a service component, special operations command or designated joint contracting authority. An external support contract is awarded by an organization whose authority does not derive directly from the theater support heads of contracting activity or from systems support authorities. A systems support contract is awarded by service acquisition program offices for fielding, technical, maintenance and sometimes repair parts support for selected weapon and support systems.

A civil augmentation program is a set of external support contracts that add contracted support to Military Department logistics capabilities, in both preplanned and short-notice operations (32 CFR 158.3). A contingency contract is one let by a government contracting officer in the operational area, or one whose prescribed area of performance lies within it. Theater business clearance is the combatant commander’s policy or process for visibility of and control over systems support and external support contracts delivering support in designated areas. Expeditionary contract administration is contract administration during joint or other expeditionary operations, formerly called contingency contract administrative services. Operationally critical support is a critical source of supply for airlift, sealift, intermodal transportation or logistics essential to mobilizing, deploying or sustaining the armed forces.

6. Tracking, readiness and sensitive programs

A common joint database, the Synchronized Predeployment and Operational Tracker-Enterprise Suite (SPOT-ES) or its successor, maintains contractor personnel visibility and accountability in applicable operations (32 CFR 158.4(e)). Solicitations and contracts must require contractors to provide personnel ready to perform in the operation and environment (32 CFR 158.4(f)(1)). That means verifying the medical, dental and psychological fitness of employees and, if applicable, the currency of any professional qualifications and certifications needed. Contracts must also include terms consistent with applicable host nation laws and agreements, or with performance considerations for the designated operational area (32 CFR 158.4(f)(2)).

Contracts for highly sensitive, classified, cryptologic or intelligence programs must apply the rule to the maximum extent possible, consistent with applicable laws, executive orders, presidential directives and relevant Defense issuances (32 CFR 158.4(g)). Contracting activities that cannot comply should ask the Under Secretary of Defense for Acquisition and Sustainment for a waiver, giving specific reasons. The Under Secretary considers those requests in coordination with the Under Secretary of Defense for Intelligence and Security. Who counts as deployed contractor personnel is covered in who counts as deployed contractor personnel.

Key terms

Operational contract support	Orchestrating contract support and managing contractor personnel in a designated operational area.
Total force	Military, civilian, contractor and host-nation support personnel behind the National Security Strategy.
Theater support contract	A contract awarded by contracting officers deployed to the operational area.
External support contract	A contract awarded outside theater and systems support contracting authority.
Theater business clearance	The combatant commander’s visibility and control over systems support and external support contracts delivering support in designated areas.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Contracted support abroad depends on movement, security and life support that work. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.