1. What exactly is "Rapid Acquisition Authority"?
Legislation (Section 806(c) of Pub. Law 107-314, as amended) uses the term Rapid Acquisition Authority to describe measures with respect to procurement that the Secretary of Defense can take to eliminate a combat capability deficiency that has resulted in combat casualties, or is likely to result in combat casualties.
This legislation permits the Secretary of Defense to waive any provision of law, policy, directive or regulation, addressing?
(A) the establishment of the requirement for the supplies and associated support services;
(B) the research, development, test, and evaluation of the supplies and associated support services; or
(C) the solicitation and selection of sources, and the award of the contract, for procurement of the supplies and associated support services.
However, the Secretary may not waive any provision of law that imposes civil or criminal penalties. The Secretary will designate a senior official of the Department of Defense to ensure that the needed equipment and associated support services are acquired and deployed as quickly as possible, with a goal of awarding the contract for the acquisition of equipment within 15 days. The Secretary is limited to only buying equipment and associated support services that, in the aggregate, are not more than $100M, each fiscal year. The Secretary may use any funds available to the Department of Defense to pay for the equipment, regardless of the source of money. The $100M is not funding appropriated by Congress for this purpose, it is the authority to expend up to $100M of existing DOD funding using this authority.
2. Is the Joint Rapid Acquisition Cell (JRAC) part of the Joint Staff?
No, the Director of the JRAC is responsible to the Secretary of Defense (SecDef) and the DepSecDef through the USD (AT&L) and the USD (Comptroller). The Director of the JRAC reports to the Under Secretary of Defense for Acquisition, Technology and Logistics. The rationale is that JCS can define requirements, but USD (AT&L) has the responsibility for acquisition and USD (Comptroller) for funding.
4. Does the Joint Rapid Acquisition Cell process supersede the Joint Capabilities Integration and Development System (JCIDS) process?
No, urgent needs are part of the JCIDS process and are discussed in CJCSI 3170.01 and the JCIDS manual. Joint Urgent Operational Needs (JUONs) and Joint Emergent Operational Needs (JEONs), should be worked through the appropriate combatant command, Service or agency process for urgent operational needs. Once the solution is provided the warfighter, then follow-up is required to comply with the JCIDS process requirements for its sustainment and a final disposition decision that can be to sustain the solution for the current operation, terminate, demilitarize or dispose of the solution transition the solution into a permanent program.
5. Does the Joint Rapid Acquisition Cell pay for an urgent operational need procured under the rapid acquisition authority?
No, funding can come from a variety of sources to include existing Service programs, through transfer of appropriations within the Service, or transfers from the other funds or appropriated sources. The Congress authorized transfers up to $100M using the RAA waiver authority.
6. What is the difference between a "Joint Urgent Operational Need (JUON)" and a "Joint Emergent Operational Need (JEON)" and how do these terms relate to Rapid Acquisition Authority?
A combatant commander identifies an Urgent Operational Need (UON) from an ongoing, named operation that requires Joint Chiefs of Staff validation and resourcing. Usually, the JUON gains Joint Staff validation and resourcing of a solution within days or weeks. The scope of a combatant commander JUON is limited to addressing urgent operational needs that: (1) fall outside of the established Service processes; and (2) most importantly, if not addressed immediately will seriously endanger personnel or pose a major threat to ongoing operations. They should not involve the development of a new technology or capability; however, the acceleration of an Advanced Concept Technology Demonstration or minor modification of an existing system to adapt to a new or similar mission is within the scope of the JUON validation and resourcing process.
Either a JUON or a JEON can benefit from the use of the Secretary's rapid acquisition authority if their resolution involves supplies and associated support services that eliminates a combat capability deficiency that has resulted in combat casualties (see 1., above, for more information)
7. Who may submit an "urgent operational need"?
An urgent operational need can be submitted by anyone, but becomes valid when the first general officer in the chain of command approves the need and forwards it to the COCOM for processing.
8. Can only Combatant Commands that are engaged in a War submit a request for an Immediate Warfighter Need (IWN)?
Any Combatant Command can submit an urgent need statement, and the JRAC will consider their requirement as an IWN if it fulfills an urgent capability gap in their mission area. However, the rapid needs validation and resource budgeting process of CJCSI 3470.01 should not be used to circumvent the normal JCIDs process. By submitting to the JRAC, the COCOM represents that the need, if not fulfilled within 120 days as a goal, may result in the loss of life or mission failure.
9. Does the JRAC accomplish the procurement action of needed equipment?
No, the procurement is generally handled by the appropriate Service or organization that already has the expertise to procure the needed item, or similar items. The JRAC does not duplicate or replace existing procurement processes.
10. How can I quickly procure a necessary piece of equipment or a service during an emergency situation, e.g., war-time urgent requirement, hurricane, flood, or disaster relief?
Contact your servicing contracting activity and ask them to solicit for the item under the provisions of FAR 6.302-2 ?Unusual and Compelling Urgency?*. This provision requires that you justify your request, however; the regulation allows the justification to be completed after the procurement, if preparing it prior to award would unnecessarily delay the acquisition.
11. Must a JRAC Immediate Warfighter Need (IWN) be delivered to the warfighter in 120 days?
The 120 days is a goal, and although the JRAC focuses is on contractor-off-the-shelf or government-off-the-shelf solutions with minimal modification, the reality is any item that fulfills a critical need and can be obtained in the year of execution, will be considered for IWN status if recommended as such, to the JRAC, by JCS.
