Recommendation: To enable AFRICOM to comprehensively and consistently account for contractor personnel in Africa, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, should direct Joint Staff to clarify what types of contractor personnel should be accounted for in its guidance on personnel status reports.
Agency: Department of Defense
Status: Open
Comments: DOD concurred with this recommendation. DOD has taken steps to clarify what types of contractor personnel should be accounted for in its guidance on personnel status reports, but, as of July 2019, revision of that guidance is ongoing. According to Joint Staff officials in May 2018, CJCSM 3150.13C provides policy and guidance on what types of contractor personnel to account for in personnel status reports, and the updated guidance will incorporate lessons learned from USAFRICOM's implementation of that policy. The updated CJCSM 3150.13C is projected to be completed by Summer 2018. Once issued, USAFRICOM officials stated they will incorporate their local policies and standards into the CJCSM 3150.13C, and expect that a coordinated directive on local policies, procedures and standards will mitigate many of the previous interpretation issues. However, additional training and amplifying local procedures issued by the USAFRICOM J-1 may be necessary to fully implement its provisions and ensure consistent interpretation. Additionally, in February 2016, a class deviation became effective for the USAFRICOM area of responsibility (AOR). This deviation superseded Class Deviations 2014-O0005, and 2015-O0003. The deviation stated that contracting officers shall incorporate clause 252.225-7980, Contractor Personnel Performing in the United States Africa Command Area of Responsibility, in lieu of the clause at DFARS 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items that will require contractor personnel to perform in the United States Africa Command (USAFRICOM) area of responsibility. In addition, to the extent practicable, contracting officers shall modify current, active contracts with performance in the USAFRICOM AOR to include the clause 252.225-7980. The USAFRICOM Commander has identified a need to utilize the Synchronized Pre-deployment and Operational Tracker for all contracts performed in the AOR during all operational phases (including Phase 0), not limited to declared contingency operations. However, until CJCSM 3150.13C clarifying the types of contractor personnel and incorporating lessons learned from AFRICOM's implementation is finalized, this recommendation will remain open. As of July 2020, this CJSM had not been updated. Moreover, in July 2020, DOD stated that reissuance of DOD Instruction 3020.41, Operational Contract Support, is required in order to implement this recommendation. When DOD takes further action, we will update this recommendation.
Recommendation: To ensure that combatant commands are not contracting with entities that may be connected to or supporting prohibited organizations, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, should develop guidance that clarifies the conditions under which combatant commands should have a foreign vendor vetting process or cell in place to determine whether potential vendors actively support any terrorist, criminal, or other sanctioned organizations, including clarifying when combatant commands should develop procedures for transmitting the names of any vendors identified through this process for inclusion in prohibited entities lists in the appropriate federal contracting databases, such as the System for Award Management.
Agency: Department of Defense
Status: Open
Priority recommendation
Comments: DOD concurred with this recommendation. As of July 2019, DOD has taken steps to develop foreign vendor vetting guidance, but is still working to determine key components of that guidance. Office of the Deputy of the Secretary of Defense issued a directive type memorandum in April 2018 that establishes policy and assigns responsibility for developing vendor vetting guidance to the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Under Secretary of Defense for Intelligence, and the Chairman of the Joint Chiefs of Staff. Additionally, DOD established a foreign vendor vetting working group in January 2017 to, among other things, develop guidance that will define foreign vendor vetting as a distinct function and provide combatant commanders with guidance on addressing the risks associated with relying on commercial vendors. As of November 2019, OSD officials stated the working group is making progress to develop a formal charter, identify tools and strategies to enhance vendor vetting across the combatant commands, and establish a department-wide vendor vetting policy. Until DOD develops vendor vetting guidance, this recommendation will remain open. As of July 2020, DOD had extended its directive type memorandum, but had not developed vendor vetting guidance. When we confirm what additional actions the agency has taken in response to this recommendation, we will provide updated information.
