The Federal Acquisition Regulation ( FAR ) is the principal set of rules regarding Government procurement in the United States , and is codified at Chapter 1 of Title 48 of the Code of Federal Regulations , 48 CFR 1 . It covers many of the contracts issued by the US military and NASA , as well as US civilian federal agencies.
107-557: DOTMLPF (pronounced "Dot-MiL-P-F") is an acronym for doctrine, organization, training, materiel, leadership and education, personnel, and facilities . It is used by the United States Department of Defense and was defined in the Joint Capabilities Integration Development System , or JCIDS Process as the framework to design what administrative changes and/or acquisition efforts would fill
214-454: A Draft Best Practices Guide on Contractor Performance . The term "personal services contract" means a contract with express terms or administration which makes the contractor personnel appear effectively to be Government employees. Such contracts are prohibited by the FAR (Subpart 37.104) excepting where specifically authorized by statute. "Nonpersonal services contract" means a contract under which
321-639: A Unified Command Plan —a frequently updated document (produced by the DoD), which lays out the Command's mission, geographical/functional responsibilities, and force structure. During military operations, the chain of command runs from the president to the secretary of defense to the combatant commanders of the Combatant Commands. As of 2019 , the United States has eleven Combatant Commands, organized either on
428-427: A $ 106 billion subtotal (the so-called "fourth estate" agencies such as missile defense, and defense intelligence, amounting to 16% of the defense budget), He will re-deploy to the modernization of hypersonics, artificial intelligence, and missile defense. Beyond 2021 the 27th secretary of defense is projecting the need for yearly budget increases of 3 to 5 percent to modernize. The Department of Defense accounts for
535-561: A Government employee or to an organisation owned or substantially owned by one or more Government employees. Similar wording was previously included in the Federal Procurement Regulations prior to 1984, with several GAO decisions confirming that an agency does not violate this subpart if neither the Contracting Officer not the selection officer has knowledge of such ownership or business connection. A ratification
642-501: A capability need required to accomplish a mission. Because combatant commanders define requirements in consultation with the Office of the Secretary of Defense (OSD), they are able to consider gaps in the context of strategic direction for the total US military force and influence the direction of requirements earlier in the acquisition process, in particular, materiel . It also serves as
749-665: A centralized research authority, the Advanced Research Projects Agency , eventually known as DARPA . The act was written and promoted by the Eisenhower administration and was signed into law on August 6, 1958. The Secretary of Defense , appointed by the president with the advice and consent of the Senate , is by federal law ( 10 U.S.C. § 113 ) the head of the Department of Defense, "the principal assistant to
856-573: A determination and finding (D&F) (per FAR Subpart 1.7 and DFARS Subpart 237.104) for this DFARS 237.170-2 forbids non-performance-based contracts unless exception done under DFARS 237.170-2 If an agency is hiring experts, read over 5 USC 3109, Employment of Experts and Consultants, Temporary or Intermittent to see if it applies to FAR 37.104(f). Office of Personnel Management (OPM) has established requirements that apply in acquiring personal services for experts or consultants in this manner (for example, benefits, taxes, conflicts of interest), "therefore,
963-452: A fair and reasonable price obtained for non-commercial services or goods obtained using FAR Parts 12 and FAR 13 under these circumstances. FAR Part 14 details the requirements for conducting a "sealed bid" tender, where federal requirements can be stated "clearly, accurately, and completely" and price is the only determinant of contract awardee. Under this part, Unnecessarily restrictive specifications or requirements that might unduly limit
1070-491: A fully negotiated procurement, which requires vendors provide cost and pricing information, to verify a fair and reasonable price. In other words, FAR Part 12 was intended to increase the number of competitors available to the US Government by jettisoning all of the unique requirements, including cost accounting systems, which are forced upon Federal contractors by acquisition processes such as FAR Parts 14, 15, 36 etc.; instead,
1177-447: A geographical basis (known as " area of responsibility ", AOR) or on a global, functional basis: Department of Defense spending in 2017 was 3.15% of GDP and accounted for about 38% of the budgeted global military spending – more than the next 7 largest militaries combined. By 2019, the 27th secretary of defense had begun a line-by-line review of the defense budget; in 2020 the secretary identified items amounting to $ 5.7 billion, out of
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#17328632840501284-513: A great extent, therefore deviating in many particulars from the mandatory clause language. See also FAR 12.211, Technical Data; FAR 12.212, Computer Software; FAR 12.213, Other Commercial Practices for additional authority to deviate or "tailor" FAR clauses and provisions in the context of commercial items/services. Part 3 addresses various improper business practices and personal conflicts of interest . Within this section, subpart 3.6 generally prevents government contracts being knowingly awarded to
1391-546: A mnemonic for staff planners to consider certain issues prior to undertaking a new effort. Here is an example of how DOTMLPF would be interpreted in the military context: The idea is to fix the capability gap, and CJCSI 3170.01G – Joint Capabilities Integration and Development System, 1 March 2009, is the one governing instruction that encompasses both materiel (requiring new defense acquisition programs) and non-materiel (not requiring new defense acquisition program) solutions. The Defense Acquisition University Glossary gives
1498-735: A proposal. Part 16 identifies the types of contracts available for use in government contracting and the rules governing the selection or negotiation of contract types. Special rules apply to service contracts. They must be performance-based to the extent practicable, with measurable outcomes. FAR 37.102 and FAR Part 37.6 describe performance-based methods. FAR 37.601 has specific requirements for performance work statements (PWS) for service contracts requiring performance-based standards. Agency supplements also require performance-based acquisitions. (See, e.g., DFARS 237.170 Approval of contracts and task orders for services; DFARS 237.170-2 Approval requirements.) Performance Based Service Acquisition (PBSA)
1605-539: A similar acronym, DOTMLPF-I , the "I" standing for " Interoperability ": the ability to be interoperable with forces throughout the NATO alliance. NATOs AJP-01 Allied Joint Doctrine (2022) describes interoperability as the "ability of NATO, other political departments, agencies and, when appropriate, forces of partner nations to act together coherently, effectively and efficiently to achieve Allied tactical, operational and strategic objectives". Interoperability can be achieved withen
1712-407: A specific contract. These provisions and clauses are of six types: (i) required solicitation provisions; (ii) required-when-applicable solicitation provisions; (iii) optional solicitation provisions; (iv) required contract clauses; (v) required-when-applicable contract clauses; and (vi) optional contract clauses." If the FAR requires that a clause be included in a government contract, but that clause
1819-519: A specific service performed or specific outcomes to be achieved. For purposes of these services –7affan (ii) market prices mean current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors. Note the emphasis in the FAR 2.101 definition for for commercial items on established market prices. The reason why Simplified Acquisition Procedures are permitted for items above
1926-544: Is DFARS Subpart 231, Section 205, Subsection 22 (cited as "DFARS 231.205-22"). Part 1 refers to a "vision" and certain "guiding principles" for the Federal Acquisition System . The vision foresees "delivery on a timely basis [of] the best value product or service ... while maintaining the public's trust and fulfilling public policy objectives". Compliance with the Regulation , along with the use of initiative in
2033-423: Is a good resource expertise in this particular area. Use of FAR Parts 12 and 13 without rationing of demand through a single commodity control council or finding other solutions is likely to create more problems than it solves. Non-commercial contracting methodology and clauses should be used for any acquisition where Government demand overwhelms civilian supply. It is highly unlikely there will be any cost controls or
2140-513: Is a military command composed of personnel/equipment from at least two Military Departments, which has a broad/continuing mission. These military departments are responsible for equipping and training troops to fight, while the Unified Combatant Commands are responsible for military forces' actual operational command. Almost all operational U.S. forces are under the authority of a Unified Command. The Unified Commands are governed by
2247-698: Is a parent agency of the following defense agencies: Several defense agencies are members of the United States Intelligence Community . These are national-level intelligence services that operate under the Department of Defense jurisdiction but simultaneously fall under the authorities of the Office of the Director of National Intelligence . They fulfill the requirements of national policymakers and war planners, serve as Combat Support Agencies , and also assist and deploy alongside non-Department of Defense intelligence or law enforcement services such as
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#17328632840502354-637: Is a process and way of defining requirements that yields well written work statements that are outcome oriented and measurable thus enforceable. Deming / Six Sigma style quality assessments and process analysis can help define performance work statements. A Performance Work Statement (PWS) has: The DOD PBSA guide has a "performance requirements summary" matrix which can serve as an outline for work statement provisions. Army Federal Acquisition Regulation (FAR) Supplement (AFARS) has an outline for performance-based service contracts. Additional Resources for PBSA: The Office of Federal Procurement Policy (OFPP) has
2461-607: Is alleged to be due to the Establishment's abbreviation, NME, being pronounced "enemy". Under the Department of Defense Reorganization Act of 1958 ( Pub. L. 85–599 ), channels of authority within the department were streamlined while still maintaining the ordinary jurisdiction of the Military Departments to organize, train, and equip their associated forces. The Act clarified the overall decision-making authority of
2568-467: Is an executive branch department of the federal government of the United States charged with coordinating and supervising all agencies and functions of the U.S. government directly related to national security and the United States Armed Forces . As of November 2022, the U.S. Department of Defense is the second largest employer in the world after India (and potentially China, if including
2675-601: Is clearly not appropriate in view of the basic reasons commercial item acquisition authority was created by Congress. FAR 2.101, which is concerned with definitions, provides that a commercial item means – (6) services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. This does not include services that are sold based on hourly rates without an established catalog or market price for
2782-525: Is closely governed by the FAR. Nearly every major cabinet-level department (and many agencies below them) has issued such regulations, which often place further restrictions or requirements on contractors and contracting officers. One of the best-known examples of an agency supplement is the Defense Federal Acquisition Regulation Supplement (DFARS), used by the Department of Defense , which constitutes Chapter 2. Chapter 3
2889-511: Is contract pricing, which is addressed throughout the FAR, but especially in Subpart 15.4, Parts 30 and 31, and Subparts 42.7, 42.8, and 42.17. A large part of the FAR, Subchapter D, describes various socio-economic programs, such as the various small business programs, purchases from foreign sources, and laws written to protect laborers and professionals working under government contracts. The final three chapters of Title 48 (61, 63 and 99) establish
2996-630: Is done by the Norwegian Defence Material Agency (NDMA) , they use the PRINSIX project model, based on the PRINCE2 method. The TPP is devolved in close coordination with the project plan developed by NDMA, and where the project plan covers how the materiel procurement is managed, the TPP covers all the factors needed for the procurement to reach the business goals and achieve the operative benefits of
3103-469: Is freely available to consumers in that market on the relative merits of each vendor's products and pricing which permits easy comparison of each vendor's products to each other. FAR Part 12 commercial items acquisition authority was intended to take advantage of the WalMart's (R) and Microsoft's (R) of the world where there is no need to go through the extensive, formalistic and resource/ time-consuming process of
3210-494: Is in the Department of Energy budget, Veterans Affairs, the Treasury Department's payments in pensions to military retirees and widows and their families, interest on debt incurred in past wars, or State Department financing of foreign arms sales and militarily-related development assistance. Neither does it include defense spending that is not military, such as the Department of Homeland Security, counter-terrorism spending by
3317-518: Is not prohibited by law, the ratification is in accordance with agency procedures, etc.; (4) The contracting officer determines that the price paid was fair and reasonable and recommends payment, and legal counsel concurs. There are dollar limits to the authority to ratify unauthorized commitments. A Chief of Contracting Office can approve up to $ 10,000. A Principal Assistant Responsible for Contracting can approve up to $ 100,000. A Head of Contracting Authority can approve higher amounts. Ratifications in
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3424-461: Is omitted, case law may provide that the missing clause is deemed to be included. This is known as the Christian Doctrine , which is based on the underlying principle that certain government regulations have the force and effect of law, and government personnel may not deviate from the law without proper authorization. Prospective contractors are presumed to know the law, including the limits of
3531-675: Is regarded as Government Furnished Equipment ( GFE ). Economy was added to the DOTMLPFI-IE because NAF in 2015 (and in 2024) got a rapport from the NDRE stating that "Operating costs are given little weight in investment decisions". Economy as an own factor in the TPP is to ensure the different processes both before, during and after the materiel procurement is done, is planned with in order to mitigate risks relating to operating costs. United States Department of Defense The United States Department of Defense ( DoD , USDOD , or DOD )
3638-458: Is required before a US certificated aircraft or pilot can fly in Iraq under Special Federal Aviation Regulation (SFAR) 77; if there are very few, or only one, vendor who can participate in this requirement, there are no vendors out there for meaningful competition which is the bedrock assumption of FAR Parts 12 and 13. In view of the above, the airborne recon contract is NOT a commercial service – therefore
3745-445: Is the Department of Health and Human Services Acquisition Regulation (HHSAR); Chapter 4 is the Department of Agriculture's Acquisition Regulation (AGAR); etc. The Department of Veterans Affairs' Acquisition Regulation (VAAR) implements and supplements the FAR. The required format for agency FAR supplements is to follow the basic FAR format. To continue the example above, the supplemental DFARS section on legislative lobbying costs
3852-411: Is the proper authorization by a contracting officer of an earlier procurement by a Government employee who was not authorized to do it. A ratification package has a legal memo that says an unauthorized commitment was made, that the commitment could properly have been done by contracting officers, and that funds were and are available for it. Other regulations and agency rules apply too, such as those from
3959-479: Is to identify markets unaffected by the Government demand and seek to acquire goods and services through that other market. When the situation of overwhelming government demand occurs in a faltering or damaged economy, Government demand that is in excess of what the local vendors can supply to both Government and non-Government consumers should be met by vendors who operate out of the market in question, including through
4066-613: The Central Intelligence Agency and the Federal Bureau of Investigation . The military services each have their intelligence elements that are distinct from but subject to coordination by national intelligence agencies under the Department of Defense. Department of Defense manages the nation's coordinating authorities and assets in disciplines of signals intelligence , geospatial intelligence , and measurement and signature intelligence , and also builds, launches, and operates
4173-551: The Civilian Board of Contract Appeals , the Department of Transportation Board of Contract Appeals, and the Cost Accounting Standards Board, respectively. The Armed Services Board of Contract Appeals has been established by charter within the Department of Defense. The proper way to cite a regulation within the FAR is by part, subpart, section, subsection, without respect to chapter or subchapter. For instance,
4280-846: The Department of the Army , the Department of the Navy , and the Department of the Air Force . In addition, four national intelligence services are subordinate to the Department of Defense: the Defense Intelligence Agency ( DIA ), the National Security Agency ( NSA ), the National Geospatial-Intelligence Agency ( NGA ), and the National Reconnaissance Office ( NRO ). Other Defense agencies include
4387-759: The Thirteen Colonies and the British government , one of the first actions taken by the First Continental Congress in September 1774 was to recommend that the colonies begin defensive military preparations. In mid-June 1775, after the outbreak of the Revolutionary War , the Second Continental Congress , recognizing the necessity of having a national army that could move about and fight beyond
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4494-595: The commanders of the Combatant Commands . Goldwater–Nichols also created the office of vice-chairman, and the chairman is now designated as the principal military adviser to the secretary of defense, the Homeland Security Council, the National Security Council and to the president. The Joint Staff (JS) is a headquarters staff at the Pentagon made up of personnel from all five services that assist
4601-511: The fiscal year 2024 (FY2024) presidential budget request was $ 842 billion. In January 2023 Treasury Secretary Janet Yellen announced the US government would hit its $ 31.4 trillion debt ceiling on 19 January 2023; the date on which the US government would no longer be able to use extraordinary measures such as issuance of Treasury securities is estimated to be in June 2023. On 3 June 2023,
4708-399: The $ 250,000 simplified acquisition threshold for commercial items is there is an efficient market pricing mechanism which pressures market participants to provide goods and services at a fair and reasonable price which represents very efficient / non-wasteful pricing mechanisms. Generally, the more efficient and well-developed markets have a large number of participating vendors and information
4815-676: The Army , Commandant of the Marine Corps , Chief of Naval Operations , Chief of Staff of the Air Force , and Chief of Space Operations ) over forces not assigned to a Combatant Command . Secretaries of Military Departments and service chiefs do not possess operational command authority over U.S. troops (this power was stripped from them in the Defense Reorganization Act of 1958 ), and instead, Military Departments are tasked solely with "the training, provision of equipment, and administration of troops." A unified combatant command
4922-693: The Army , Secretary of the Navy , and Secretary of the Air Force . Following the Goldwater–Nichols Act in 1986, the Joint Chiefs of Staff no longer maintained operational command authority individually or collectively. The act designated the Chairman of the Joint Chiefs of Staff (CJCS) as the "principal military adviser to the President, the National Security Council, the Homeland Security Council, and
5029-408: The Army discussed below. Ratifications are governed by FAR 1.602-3 (Ratification of Unauthorized Commitments), originally added to the FAR in 1988, which defines a ratification as the act of approving an unauthorized commitment by an official who has the authority to do so. Unauthorized commitment means an agreement that is not binding solely because the Government representative who made it lacked
5136-604: The Central Military Commission), with over 1.4 million active-duty service personnel, including soldiers, marines, sailors, airmen, and guardians. The Department of Defense also maintains over 778,000 National Guard and reservists, and over 747,000 civilians, bringing the total to over 2.91 million employees. Headquartered at the Pentagon in Arlington County, Virginia , just outside Washington, D.C. ,
5243-631: The Code of Federal Regulations (CFR). Chapter 1 is divided into Subchapters A-H, which encompass Parts 1-53. Chapter 1 appears in two volumes, with Subchapters A-G appearing in Volume 1 while Subchapter H occupies all of Volume 2. The volumes are not formal subdivisions of Title 48, but refer instead to the fact that the FAR is printed by the Government Printing Office in two volumes for convenience. The single most heavily regulated aspect of acquisition
5350-583: The DOTMPLFI framework and the lines of development when trying to find the solution. The Norwegian Defence Research Establishment (NDRE) has established a dedicated innovation center for all the stakeholders within the Norwegian defence sector, called ICE worx. ICE worx's modell for rapid innovation is used when modern technology with a high technical readiness level is available to find new solutions with only some minor needs for development. To ensure operativ effects of
5457-921: The Defense Advanced Research Projects Agency ( DARPA ), the Defense Logistics Agency ( DLA ), the Missile Defense Agency ( MDA ), the Defense Health Agency ( DHA ), Defense Threat Reduction Agency ( DTRA ), the Defense Counterintelligence and Security Agency ( DCSA ), the Space Development Agency ( SDA ) and the Pentagon Force Protection Agency ( PFPA ), all of which are subordinate to the secretary of defense. Additionally,
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#17328632840505564-600: The Defense Contract Management Agency ( DCMA ) is responsible for administering contracts for the Department of Defense. Military operations are managed by eleven regional or functional unified combatant commands . The Department of Defense also operates several joint services schools, including the Eisenhower School (ES) and the National War College (NWC). Faced with rising tensions between
5671-558: The Department of Defense are in Title 10 of the United States Code . Other significant legislation related to the Department of Defense includes: Federal Acquisition Regulation The largest single part of the FAR is Part 52, which contains standard solicitation provisions and contract clauses. Solicitation provisions are certification requirements, notices, and instructions directed at firms that might be interested in competing for
5778-483: The Department of Defense is approximately $ 686,074,048,000 (Including Base + Overseas Contingency Operations + Emergency Funds) in discretionary spending and $ 8,992,000,000 in mandatory spending totaling $ 695,066,000,000 Undersecretary of Defense (Comptroller) David L. Norquist said in a hearing regarding the FY 2019 budget: "The overall number you often hear is $ 716 billion. That is the amount of funding for national defense,
5885-537: The Department of Defense who advise the secretary of defense, the Homeland Security Council , the National Security Council and the president on military matters. The composition of the Joint Chiefs of Staff is defined by statute and consists of the chairman of the Joint Chiefs of Staff (CJCS), vice chairman of the Joint Chiefs of Staff (VCJCS), senior enlisted advisor to the chairman (SEAC),
5992-521: The Department of Defense's stated mission is "to provide the military forces needed to deter war and ensure our nation's security". The Department of Defense is headed by the secretary of defense , a cabinet-level head who reports directly to the president of the United States , the latter of which is also the commander-in-chief of the United States Armed Forces . Beneath the Department of Defense are three subordinate military departments:
6099-423: The FAR rule on legislative lobbying costs is found at FAR Part 31, Section 205, Subsection 22 (cited as "FAR 31.205-22"). The table of contents, as of the edition published October 1, 2012, is available. As the original purpose of the FAR was to consolidate the numerous individual agency regulations into one comprehensive set of standards which would apply government-wide, the issuance of supplemental regulations
6206-434: The FAR. FAR Subpart 1.4, Deviations from the FAR, provides the steps needed to document deviations from the mandatory FAR or agency FAR supplement. Deviation documentation is needed if there is a precise FAR clause or provision for the issue. The Department of Defense has published many class deviations to enable faster contract actions in war environments. FAR 12.401 allows contracts for commercial items to be tailored to
6313-629: The FBI, and intelligence-gathering spending by the NSA. In the 2010 United States federal budget , the Department of Defense was allocated a base budget of $ 533.7 billion, with a further $ 75.5 billion adjustment in respect of 2009, and $ 130 billion for overseas contingencies. The subsequent 2010 Department of Defense Financial Report shows the total budgetary resources for fiscal year 2010 were $ 1.2 trillion. Of these resources, $ 1.1 trillion were obligated and $ 994 billion were disbursed, with
6420-526: The Federal Government could act more like a normal buyer in a fully functioning commercial market where the Government was but one of a large number of consumers seeking the same or highly similar products or services. However, FAR Part 12 was never intended to apply where the US Government was the only or one of a very few buyers for an item or service not in demand by the commercial market place. What happens when there are very few market participants and
6527-595: The GSA Schedule system if the damaged market is outside of the United States. Resources and expertise are in the Federal Government that are designed to assist in cases where Federal demand overwhelms civilian supply, one example being the Industrial College of the Armed Forces (ICAF). The ICAF's charter is to maintain the ability to nationalize an economy to achieve strategic objectives or a wartime mobilization, this
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#17328632840506634-417: The Government's remedies in these cases. Specific clauses should be in the contract to deal with Government Furnished Equipment (GFE) situations and bring your own device (BYOD) situations. The authority under FAR Part 12, Commercial Items (and services), must be used thoughtfully and carefully. It is very tempting for a contracting officer to use FAR Part 12 and hence FAR Part 13 in situations where such use
6741-587: The Intelligence Community's satellite assets. Department of Defense also has its own human intelligence service , which contributes to the CIA's human intelligence efforts while also focusing on military human intelligence priorities. These agencies are directly overseen by the Under Secretary of Defense for Intelligence and Security . The Joint Chiefs of Staff (JCS) is a body of senior uniformed leaders in
6848-409: The Military Service chiefs from the Army , Marine Corps , Navy , Air Force , and Space Force , in addition to the chief of National Guard Bureau , all appointed by the president following U.S. Senate confirmation. Each of the individual Military Service Chiefs, outside their Joint Chiefs of Staff obligations, works directly for the secretary of the military department concerned: the Secretary of
6955-537: The NDAA on 14 December 2023. The Senate will next undertake negotiations on supplemental spending for 2024. A government shutdown was averted on 23 March 2024 with the signing of a $ 1.2 trillion bill to cover FY2024. A 2013 Reuters investigation concluded that Defense Finance & Accounting Service , the Department of Defense's primary financial management arm, implements monthly "unsubstantiated change actions"—illegal, inaccurate "plugs"—that forcibly make DoD's books match Treasury's books. Reuters reported that
7062-411: The Navy (DON) & Department of the Air Force (DAF)), the Defense Agencies and Department of Defense Field Activities , the National Guard Bureau (NGB), and such other offices, agencies, activities, organizations, and commands established or designated by law, or by the president or by the secretary of defense. Department of Defense Directive 5100.01 describes the organizational relationships within
7169-416: The Pentagon was the only federal agency that had not released annual audits as required by a 1992 law. According to Reuters, the Pentagon "annually reports to Congress that its books are in such disarray that an audit is impossible". In 2015, a Pentagon consulting firm performed an audit on the Department of Defense's budget. It found that there was $ 125 billion in wasteful spending that could be saved over
7276-454: The President in all matters relating to Department of Defense", and has "authority, direction, and control over the Department of Defense". Because the Constitution vests all military authority in Congress and the president, the statutory authority of the secretary of defense is derived from their constitutional authority. Since it is impractical for either Congress or the president to participate in every piece of Department of Defense affairs,
7383-478: The Secretary of Defense in the exercise of policy development, planning, resource management, fiscal and program evaluation and oversight, and interface and exchange with other U.S. federal government departments and agencies, foreign governments, and international organizations, through formal and informal processes. OSD also performs oversight and management of the Defense Agencies, Department of Defense Field Activities, and specialized Cross Functional Teams . OSD
7490-403: The Secretary of Defense". The remaining Joint Chiefs of Staff may only have their advice relayed to the President, National Security Council, the Homeland Security Council , or the Secretary of Defense after submitting it to the CJCS. By law, the chairman has to present that advice whenever he is presenting his own. The chain of command goes from the president to the secretary of defense to
7597-448: The Secretary of Defense. After the end of World War II , President Harry Truman proposed the creation of a unified department of national defense. In a special message to the Congress on December 19, 1945, the president cited wasteful military spending and interdepartmental conflicts. Deliberations in Congress went on for months focusing heavily on the role of the military in society and the threat of granting too much military power to
7704-480: The U.S. Army call for a signed statement describing the unauthorized commitment, the value of the procurement, and other documentation. Then a contracting officer is to study the case and recommend action. If the procurement is not ratified, the matter may be handled under FAR Part 50 and DFARS Part 250 ( Public Law 85-804 ) as a GAO claim or some other way. FAR Part 45 provides rules on the Contractor's obligations and
7811-428: The accounting code is 050 and includes more than simply the Department of Defense. It includes, for example, the Department of Energy and others. That large a number, if you back out the $ 30 billion for non-defense agencies, you get to $ 686 billion. That is the funding for the Department of Defense, split between $ 617 billion in base and $ 69 billion in overseas contingency ". The Department of Defense budget encompasses
7918-533: The annual federal expenditures in the United States federal budget discretionary budget . On September 28, 2018, President Donald Trump signed the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019, and Continuing Appropriations Act, 2019 (H.R.6157) into law. On September 30, 2018, the FY2018 Budget expired and the FY2019 budget came into effect. The FY2019 Budget for
8025-418: The authority of government personnel. Thus, a mandatory clause that expresses a significant or deeply ingrained strand of public procurement policy will be incorporated into a Government contract by operation of law, even if the parties intentionally omitted it. A contract award can be challenged and set aside if a protester can prove that either the contracting agency or the contract awardee did not comply with
8132-411: The authority to enter into that agreement on behalf of the Government. A ratifying official may ratify only when: (1) The Government has received the goods or services; (2) The ratifying official has authority to obligate the United States, and had that authority at the time of the unauthorized commitment; (3) The resulting contract would otherwise be proper, i.e., adequate funds are available, the contract
8239-646: The boundaries of any particular colony, organized the Continental Army on June 14, 1775. This momentous event is commemorated in the U.S. annually as Flag Day . Later that year, Congress would charter the Continental Navy on October 13, and the Continental Marines on November 10. Upon the seating of the 1st U.S. Congress on March 4, 1789, legislation to create a military defense force stagnated as they focused on other concerns relevant to setting up
8346-510: The chairman and vice chairman in discharging their duties. It is managed by the Director of the Joint Staff (DJS) who is a lieutenant general or vice admiral . There are three military departments within the Department of Defense: The Military Departments are each headed by their secretary (i.e., Secretary of the Army , Secretary of the Navy and Secretary of the Air Force ), appointed by
8453-489: The civilian sources of supply. As the US Federal Reserve will attest to, inflation is one of the most damaging elements in an economic system to investment, capital markets and economic activity. In this case, the effect of driving massive cost inflation directly impacts civilians and non-Government consumers who are also competing for the same goods and services against the US Government acquisition commands; ultimately
8560-440: The contracting officer shall effect necessary coordination with the cognizant civilian personnel office". Note that personal service contracts are potentially subject to salary caps. "Inherently Governmental Functions" may not be performed by contractors other than a specific Personal Services Contract under the authority of P.L. 86-36 or 5 USC 3109. Inherently Governmental Functions are defined by P.L. 105-270 (FAIR Act of 1998) as
8667-434: The control of a single secretary of defense . The National Military Establishment formally began operations on September 18, the day after the Senate confirmed James V. Forrestal as the first secretary of defense. The National Military Establishment was renamed the "Department of Defense" on August 10, 1949, and absorbed the three cabinet-level military departments, in an amendment to the original 1947 law. The renaming
8774-487: The debt ceiling was suspended until 2025. The $ 886 billion National Defense Authorization Act is facing reconciliation of the House and Senate bills after passing both houses 27 July 2023; the conferees have to be chosen, next. As of September 2023, a Continuing resolution is needed to prevent a Government shutdown . A shutdown was avoided on 30 September for 45 days (until 17 November 2023), with passage of
8881-503: The deep pockets of the Government win out against the lesser buying power of the non-governmental market participants. In such cases, as the US Government did during World War II, commodity control councils must be established to identify all available sources of supply and ration supply to the various consumers, including US Government consumers, sometimes with price controls (although this is very dangerous because it frequently leads to black markets run by criminals). One solution in this case
8988-452: The department and is the foundational issuance for delineating the major functions of the department. The latest version, signed by former Secretary of Defense Robert Gates in December 2010, is the first major re-write since 1987. The Office of the Secretary of Defense ( OSD ) is the secretary and their deputies, including predominantly civilian staff. OSD is the principal staff element of
9095-540: The executive. On July 26, 1947, Truman signed the National Security Act of 1947 , which set up a unified military command known as the National Military Establishment and created the Central Intelligence Agency , the National Security Council , National Security Resources Board , United States Air Force , and the Joint Chiefs of Staff . The act placed the National Military Establishment under
9202-524: The following definitions. During the US Army's process of developing and fielding laser Directed Energy-Maneuver Short-Range Air Defense (DE-MSHORAD) on Strykers, the Army Rapid Capabilities and Critical Technologies Office (RCCTO) has established an "Octagon"— a stakeholder forum for doctrine, organization, training, materiel, leadership and education, personnel, facilities, and policy. NATO uses
9309-447: The goods or services are not widely available to the public? Let's take surveillance systems in a military overseas contingency environment as an example. Battlefield full motion video is not something that is found in the commercial sector – Wal-Marts don't sell this; moreover, frequently there are special restrictions which impact on commercial firms ability to engage in work of this nature. For example, special FAA Administrator permission
9416-514: The innovation is achieved, the rapid innovation modell uses the DOTMLPFI framework to identify how the development and experimentation of new technology will effect the different factors. DOTMLPFI-IE Norwegian Armed Forces (NAF) uses the DOTMLPFI framework to develop a total project plan (TPP) in investment processes. The TPP was formalized in the NAF in 2018. For the procurement of materiel, which
9523-585: The interests of the Government in areas not specifically addressed in the FAR or prohibited by law, are required and expected of all members of the Acquisition Team . The Acquisition Team consists of all those who participate in Government acquisition: The role and operation of those involved as a 'team' in government procurement is defined in FAR 1.102-3 and RAR 1.102-4. The FAR system is intended to promote "teamwork, unity of purpose and open communication". FAR Part 2 defines words and terms used frequently in
9630-438: The investment. However, to ensure all factors in materiell investments are taken into consideration before NAF are ready to actually start using the materiel and equipment, they added an I for Information systems and an E for Economy . Information systems include communication systems, battle management systems, radios or information security. Often Information systems are not part of the specific Materiell investment project, but
9737-404: The jurisdiction of other congressional committees. The Department of Defense is unique because it is one of the few federal entities where the majority of its funding falls into the discretionary category. The majority of the entire federal budget is mandatory, and much of the discretionary funding in the budget consists of DoD dollars. * Numbers may not add due to rounding As of 10 March 2023
9844-493: The latest Center for Effective Government analysis of 15 federal agencies which receive the most Freedom of Information Act requests, published in 2015 (using 2012 and 2013 data, the most recent years available), the DoD earned 61 out of a possible 100 points, a D− grade. While it had improved from a failing grade in 2013, it still had low scores in processing requests (55%) and disclosure rules (42%). The organization and functions of
9951-452: The majority of federal discretionary spending. In FY 2017, the Department of Defense budgeted spending accounted for 15% of the U.S. federal budget, and 49% of federal discretionary spending , which represents funds not accounted for by pre-existing obligations. However, this does not include many military-related items that are outside the Department of Defense budget, such as nuclear weapons research, maintenance, cleanup, and production, which
10058-561: The majority of the National Defense Budget of approximately $ 716.0 billion in discretionary spending and $ 10.8 billion in mandatory spending for a $ 726.8 billion total. Of the total, $ 708.1 billion falls under the jurisdiction of the House Committee on Armed Services and Senate Armed Services Committee and is subject to authorization by the annual National Defense Authorization Act (NDAA). The remaining $ 7.9 billion falls under
10165-613: The new government. President George Washington went to Congress to remind them of their duty to establish a military twice during this time. Finally, on the last day of the session, September 29, 1789, Congress created the War Department . The War Department handled naval affairs until Congress created the Navy Department in 1798. The secretaries of each department reported directly to the president as cabinet-level advisors until 1949, when all military departments became subordinate to
10272-639: The next five years without layoffs or reduction in military personnel. In 2016, The Washington Post uncovered that rather than taking the advice of the auditing firm, senior defense officials suppressed and hid the report from the public to avoid political scrutiny. In June 2016, the Office of the Inspector General released a report stating that the Army made $ 6.5 trillion in wrongful adjustments to its accounting entries in 2015. The Department of Defense failed its fifth audit in 2022, and could not account for more than 60% of its $ 3.5 trillion in assets. In
10379-399: The non-standard variant – the Government is the only buyer of this particular variant of the commercially available item. What about situations where Government demand overwhelms the commercial markets supply? In this case, the Government is actually competing against itself because it has swallowed the market whole and usually has multiple requiring activities competing against each other for
10486-449: The number of bidders are prohibited. Subpart 15.6 covers unsolicited proposals, i.e. business proposals offering new and innovative ideas outside the context of innovative proposals invited and offered within a government-initiated procurement procedure. The regulations suggest the executive agencies make provision for acceptance of unsolicited proposals and for prior contact with individuals or organisations contemplating submission of such
10593-820: The personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Advisory and assistance services (A&AS) are permissible (See FAR Subpart 37.2) Personal services are not permissible (See FAR 37.104 and Classification Act) without specific authority to obtain such services (meaning statutory authority) Permissible to acquire expert and consultant services (5 USC 3109 or 10 USC 129b – expert services) or 10 USC 1091 – health services), as well as health services, intelligence, counter intelligence or special operations command operations requirements under DFARS 237.104, Personal Services Contracts and 10 USC 129b – Contracting must do
10700-580: The president, with the advice and consent of the Senate . They have the legal authority under Title 10 of the United States Code to conduct all the affairs of their respective departments within which the military services are organized. The secretaries of the Military Departments are (by law) subordinate to the secretary of defense and (by SecDef delegation) to the deputy secretary of defense . Secretaries of military departments, in turn, normally exercise authority over their forces by delegation through their respective service chiefs (i.e., Chief of Staff of
10807-463: The remaining resources relating to multi-year modernization projects requiring additional time to procure. After over a decade of non-compliance , Congress has established a deadline of Fiscal year 2017 for the Department of Defense to achieve audit readiness . In 2015 the allocation for the Department of Defense was $ 585 billion, the highest level of budgetary resources among all federal agencies, and this amounts to more than one-half of
10914-492: The requirements of the solicitation. A successful protest can result in reconsideration of the decision to award the contract or award of the contract to the protester in lieu of the original awardee. Even though a successful protester may not ultimately be awarded the contract, the government agency may have to pay the protester's bid and proposal costs. The Federal Acquisition Regulation is contained within Chapter 1 of Title 48 of
11021-456: The same goods and services. This is exemplified in cases where numerous contracting offices demand the same goods and services, unknowingly driving prices up against each other. Frequently in these case, contracting commands accept take-it or leave-it prices from relatively few vendors (compared to demand) who know that these contracting offices are not coordinating amongst each other or establishing commodity control councils to ration demand against
11128-508: The secretary of defense and the secretary's subordinate officials generally exercise military authority. The Department of Defense is composed of the Office of the Secretary of Defense ( OSD ), the Joint Chiefs of Staff ( JCS ) and the Joint Staff ( JS ), Office of the Inspector General ( DODIG ), the Combatant Commands , the Military Departments ( Department of the Army (DA), Department of
11235-473: The secretary of defense concerning these subordinate Military Departments. It more clearly defined the operational chain of command over U.S. military forces (created by the military departments) as running from the President to the Secretary of Defense, the service chief of the Unified Combatant Commander(s), and then to the unified combatant commander(s). Also provided in this legislation was
11342-498: The three dimensions of interoperability; the technical, the procedural and the human dimension. NATOs Cability Development (CAPDEV) is part of the NATO Defence Planning Process (NDPP), where DOTMLPFI is used as a framework to test and develop these concepts and capabilities. While developing a concept, NATO describes two orientations; either to transform or find a solution. NATO CD&E Handbook (2021) describes using
11449-400: The use of FAR Part 12 commercial items contracting processes is wholly inappropriate and not permissible under the applicable laws governing Federal acquisition. Taking another example, what happens when significant research and development is needed to adopt a commercial item for Government use? Should FAR Parts 12 and 13 be used here? Absolutely not. There are no market pricing mechanisms for
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