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.

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

For policies specific to an operation, please visit the International Operations page.

Policy Topics

Assisted Acquisitions

Date Signed Signed by Title
30-Nov-15 DPAP Contracting Support of Deployed DoD Personnel and Units
Summary: This memo provides policy and guidance for assisted acquisitions in support of deployed military forces in all phases of military operations and exercises when outside the United States. See PGI 217.502 for additional information.
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Authority / Class Deviations

Date Signed Signed by Title
29-Dec-15 DPAP Class Deviation 2016-O0004-Authority to Acquire Products and Services Produced in Afghanistan or in Countries Along a Major Route of Supply to Afghanistan
Summary: This class deviation supersedes class deviation 2014-O0014 and implements:  Section 801 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010, as recently amended by sections 886 and 1214 of the NDAA for FY 2016; and Section 886 of the NDAA for FY 2008, as recently amended by section 886 of the NDAA for FY 2016. Contracting officers shall use the following procedures and this class deviation to the extent feasible, in lieu of DFARS 225.7703, 252.225-7023, 252.225-7024, and 252.225-7026, when acquiring products or services in support of military or stability operations in Afghanistan. 
12-Jan-15 DPAP Class Deviation–Contractor Personnel Performing in the U.S. Central Command Area of Responsibility
Summary: This class deviation provides policy and related attachments regarding use of DFARS 252.225.7995 instead of DFARS 252.225.7040.
24-Dec-14 DPAP Permanent Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items
Summary: This class deviation provides policy and related attachments regarding simplified acquisition procedures for certain commerical items as stated by FAR 13.5.
06-Oct-14 DPAP Class Deviation-Requirement for Contractor Personnel Performing in the U.S. Southern Command Area of Responsibility
Summary: This class deviation provides policy and related attachments regarding performance contracts in SOCOM's AOR.
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.
13-Jan-14 DPAP Class Deviation-Requirements for Contractor Personnel Performing in Djibouti
Summary: This class deviation provides policy and related attachments to include the applicable clause in all solicitations and contracts performed in Djibouti.
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.
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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Contingency Business Environment (CBE)

Date Signed Signed by Title
23-Sept-14 DPAP The Contingency Business Environment (CBE) Guidebook
Summary: The CBE Guidebook codifies enduring e-business tools with an array of capabilities that can be used to support contingency and humanitarian or peacekeeping operations. It introduces six e-business tools and aligns the tools with acquisition processes, policies and roles and responsibilities.
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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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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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Medical Care

Date Signed Signed by Title
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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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
15-Jul-15 DPAP Reporting Non-compliance with SPOT for Contracts OCONUS
Summary: This memorandum requests your assistance to bring your agency's contracts into compliance with SPOT Business Rules (reference (a)) and report status back to this office within 30 days of the date of this memorandum.  Further details can be found within the memorandum.
21-Jan-15 DPAP Theater Business Clearance Update for Afghanistan
Summary: This memorandum cancels the Theater Business Clearance Update for the USCENTCOM AOR dated 28 October 2013, and requires all DOD Contracting activities to comply with Theater Business Clearance and Government Life Support Validation requirements set forth by the Commander, CENTCOM Joint Theater Support Contracting Command.
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.
19-Oct-07 USD(AT&L) Procedures for Contracting, Contract Concurrence, and Contract Oversight for Iraq and Afghanistan
Summary: This memorandum initiates the Theater Business Clearance process for Iraq and Afghanistan. DPAP is tasked with issuing appropriate implementation guidance.
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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