Joint Contracting Command   Iraq

Joint Contracting Command Iraq PowerPoint PPT Presentation


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Joint Contracting Command Iraq

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3. TELL EM’ WHAT YOU’RE GONNA TO TELL EM’ What JCC Is Source of Policy for FOO Program It’s Good to be a FOO Policy Changes Don’t Be a Bad FOO Refresher on FOO Program Prohibitions How to Get Stuff - Let’s Go Shopping

4. HELP US – HELP YOU

7. Authority Established by the Army Supplement to the Federal Acquisition Regulations (AFARS 5101.602-2-90) Theater guidance provided in the Joint Contracting Command Iraq/Afghanistan (JCC-I/A) Principal Assistant Responsible for Contracting (PARC)-Iraq Acquisition Instruction (27 October 2007) MNF-I FRAGO 292 and MNC-I FRAGO 359 (05-03) Fiscal Policy AFARS available at http://farsite.hill.af.mil/vfafara.htm FRAGOs available on the SIPRNetAFARS available at http://farsite.hill.af.mil/vfafara.htm FRAGOs available on the SIPRNet

9. CHANGES Single Purchase Limit Raised From $3,000 to $25,000 Maximum Advance to Pay Agent Raised to $200,000

10. ADDED LANGUAGE UNLIMITED PECUNIARY LIABILITY

11. Unauthorized Commitment  FAR Part: 1.602-3 Definition: an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government. Examples: Obligating the government for work without certified Funds. Making promises of funds or consideration for additional work Purchasing items for personal use or unauthorized items, in other words, items that will not be ‘cleared’ Obligating the Purchase of items beyond the certified funds in a PR&C or Form 9 Personnel found committing these offenses will be terminated and held accountable for these items until ratification can be accomplished. Very often other unit personnel make the UC, expecting or telling the FOO to ‘fix it’ later – FOO must emphasize THEY are the only personnel besides a warranted KO that can commit Government funds

12. Ratification of Unauthorized Commitments Definition: the act of approving an unauthorized commitment by an official who has the authority to do so. Chief of the contracting office – Will ensure the UC is addressed in a UC Log and appoint a Contracting Officer (KO) as the administrator to the ratification. The KO- Obtain a PR&C or form 9 with the appropriate FY Funds and invoice from the contractor. Not all UC’s will be ratified.

13. Ratification Action Template 1. SECTION 1 UNIT LEVEL Completed by the individual who made the unauthorized commitment Reviewed and completed by the immediate supervisor of the individual making the unauthorized commitment Unit Commander, Director, or Activity Chief (first O5 in chain of command) for corrective actions and review 2. SECTION II – CONTRACTING OFFICE REVIEW/PARC-I/HCA Completed by Contracting Officer assigned for processing The contracting officer shall review the 6 ratification criteria in accordance with FAR 1.602-3(c) and determine ratification approval. Reviewed by Legal Approved by Final Contracting Agency – COCO/PARC/CJA/HCA Transactions cannot be ratified if they could not have been made by a properly authorized KO (illegal contracts). Maximum punishment for these offenses is 2 years imprisonment and/or $5,000.00.

14. Conflicts of Interest An ordering officer is bound by DoD 5500.7-R, Joint Ethics Regulation By spending American taxpayers’ money you are in a position of trust. Prohibited from “directly or indirectly, giving, offering, promising, demanding, seeking, receiving, accepting, or agreeing to accept anything of value for or because of any official act…” Doesn’t matter if it is a friendly gift; still prohibited (see the regulation for exceptions) Do not engage in transactions that benefit you or your family. If you have family or business ties to the area, let us know. Regulation available at http://www.dod.mil/dodgc/defense_ethics/ Regulation available at http://www.dod.mil/dodgc/defense_ethics/

16. Anti-Deficiency Act Congress allocates money for a specific purpose and time frame You spend the money allocated for one purpose for a different purpose or outside the specified time frame You have committed an ADA violation

17. Fraud Indicators Follow the Paper Paper Trail Who requested it (PR&C)? What did they request? Progress Payments Who/How did we verify progress? Who authorized progress payments? Who received shipment/work product (DD250)? Who authorized final payment? Who received final payment?

18. Fraud Indicators Top Ten Vague contracts or invoices Split Disbursements Multiple Purchases just under maximum Not Rotating Merchants Too friendly with local contractors/merchants Protective of files and contracts, no leave or R&R Bids written in similar fashion, repeat spelling errors, format People involved in contracting living above “normal” in-theater standards Uncharacteristic insistence on using a particular contractor Missing documents in file or copies only Fraudulent Letter of Payment Verify through known company POC

19. Common Traps It’s for the good of the unit (End justifies the means) – get it done / fix it later It’s just a little cash in my pocket, how could this possibly be hurting anything? “Cultural” Gratuities THEY WILL OFFER YOU BRIBES!!! THEY WILL LATER USE THAT BRIBE AGAINST YOU!!! Transparency Sex

20. FOO PROGRAM REFRESHER Every ordering officer is paired with a paying agent (similar to an imprest fund cashier) The ordering officer and paying agent cannot be the same person. (CFLCC Disbursing SOP 2) The paying agent receives training and funds from the supporting finance unit. Both persons must be present at every transaction. Ordering officer makes the purchase decision. Paying agent transfers cash to the vendor.

21. General Rules Over-the-counter purchases (cash & carry) only For urgently needed supplies that you can’t get through other means All purchased items must remain in theater Authority cannot be delegated You can’t use a credit card and get reimbursed (can’t buy over the internet, must pay with cash) Can’t buy from a soldier or government employee (FAR 3.601) The vendor may be in more danger than you. Federal Acquisition Regulation available at http://farsite.hill.af.mil/farsite.html Federal Acquisition Regulation available at http://farsite.hill.af.mil/farsite.html

22. Prohibited Purchases using OMA funds to buy items for US Forces MNF-I FRAGO 292 and MNC-I FRAGO 359 (05-03) & 063 Purchases not directly supporting US forces Requirement exceeding $25,000 (don’t split purchases) Purchases requiring more than one delivery or one payment Personal items: such as comfort items, personal hygiene items, phone cards, and refrigerators; must meet operational need Subsistence: food or water; you must have a separate Class I account Ice: if you consume it (available for free on the FOB) Rent or lease of real estate (contact Corps of Engineers) Lodging: must be specifically approved by the comptroller

23. Prohibited Purchases using OMA funds to buy items for US Forces MNF-I FRAGO 292 and MNC-I FRAGO 359 (05-03) Interpreters or day laborers (services): ** there is an exception for one day service** Special interest items requiring JARB, JFUB, or C6VB approval Prepaid phone cards, or monthly service charges MWR equipment, services, or tours (see AR 215-1) Social events Gifts, souvenirs, and plaques Class VIII (medical supplies) Computer hardware and software including USB flash memory sticks (thumb drives) blank CDs, printer cartridges, mice, keyboards and surge protectors are allowed Don’t buy the computer (central processing unit). Accessories are OK. In Jan 2007, the C6 decided that thumb drives need C6VB approval; haven’t seen an official memo though. Don’t buy the computer (central processing unit). Accessories are OK. In Jan 2007, the C6 decided that thumb drives need C6VB approval; haven’t seen an official memo though.

24. Prohibited Purchases using OMA funds to buy items for US Forces MNF-I FRAGO 292 and MNC-I FRAGO 359 (05-03) Items on the unit’s Table of Organization and Equipment Ammunition and explosives Alcohol Travel Expenses (Excess baggage, Plane/train/ship/bus tickets) Construction materials used to build a fixed (permanent) site Furniture and appliances **must submit new PR&C** regardless of age – will go through JARB Including washers, dryers, microwaves, and refrigerators $2000 limit for construction only applies inside the U.S., see FAR 22.403-1, 55.222-6, and DFARS 222.402-70 Furniture: MNC-I Frago 359, 2.C.4.E.5 INITIAL REQUESTS FOR FURNITURE PURCHASE AND EXCEPTIONS TO GUIDANCE MUST HAVE A JUSTIFICATION MEMORANDUM SIGNED BY A GENERAL OFFICER. FURNITURE REPLACEMENT REQUESTS WILL BE LIMITED TO ONCE EVERY THREE YEARS UNLESS SIGNED BY A GENERAL OFFICER OR MEETS ONE OF THE EXCEPTIONS BELOW. REQUESTS MAY BE MADE MORE OFTEN FOR: 2.C.4.E.5.A.1. (U) INCREASED MANPOWER ON A UNIT JOINT MANNING DOCUMENT 2.C.4.E.5.A.2. (U) THE DESTRUCTION OF FURNITURE AS A RESULT OF ENEMY ACTION OR ACTS OF NATURE. 2.C.4.E.5.A.3. (U) CHANGE OF MISSION THAT REQUIRES MORE OR NEW FURNITURE. 2.C.4.E.5.B. (U) RELOCATION OF OFFICE SPACE IS NOT AN EXCEPTION AND THE UNIT SHOULD MAKE EVERY EFFORT TO MOVE THE FURNITURE AND APPLIANCES WITH THEM OR USE WHAT IS PROVIDED AT THE NEW LOCATION. COORDINATION SHOULD BE MADE WITH PROPERTY BOOK OFFICERS AT NEW LOCATIONS TO IDENTIFY REQUIREMENTS FOR FURNITURE AND APPLIANCES. PURCHASING A COMPLETELY NEW SET OF OFFICE FURNITURE IS NOT AN ACCEPTABLE SOLUTION. 2.C.4.E.5.C APPLIANCES SUCH AS WASHER, DRYERS, MICROWAVES, AND REFRIGERATORS, IN MOST CASES, ARE NOT MISSION CRITICAL. UNLESS SPECIFICALLY DESIGNATED AS REFRIGERATION OF MEDICINES, REQUESTS FOR EXCEPTION TO THIS POLICY MUST HAVE A LEGAL OPINION AND A JUSTIFICATION LETTER SIGNED BY THE MSC’S CHIEF OF STAFF. $2000 limit for construction only applies inside the U.S., see FAR 22.403-1, 55.222-6, and DFARS 222.402-70 Furniture: MNC-I Frago 359, 2.C.4.E.5 INITIAL REQUESTS FOR FURNITURE PURCHASE AND EXCEPTIONS TO GUIDANCE MUST HAVE A JUSTIFICATION MEMORANDUM SIGNED BY A GENERAL OFFICER. FURNITURE REPLACEMENT REQUESTS WILL BE LIMITED TO ONCE EVERY THREE YEARS UNLESS SIGNED BY A GENERAL OFFICER OR MEETS ONE OF THE EXCEPTIONS BELOW. REQUESTS MAY BE MADE MORE OFTEN FOR: 2.C.4.E.5.A.1. (U) INCREASED MANPOWER ON A UNIT JOINT MANNING DOCUMENT 2.C.4.E.5.A.2. (U) THE DESTRUCTION OF FURNITURE AS A RESULT OF ENEMY ACTION OR ACTS OF NATURE. 2.C.4.E.5.A.3. (U) CHANGE OF MISSION THAT REQUIRES MORE OR NEW FURNITURE. 2.C.4.E.5.B. (U) RELOCATION OF OFFICE SPACE IS NOT AN EXCEPTION AND THE UNIT SHOULD MAKE EVERY EFFORT TO MOVE THE FURNITURE AND APPLIANCES WITH THEM OR USE WHAT IS PROVIDED AT THE NEW LOCATION. COORDINATION SHOULD BE MADE WITH PROPERTY BOOK OFFICERS AT NEW LOCATIONS TO IDENTIFY REQUIREMENTS FOR FURNITURE AND APPLIANCES. PURCHASING A COMPLETELY NEW SET OF OFFICE FURNITURE IS NOT AN ACCEPTABLE SOLUTION. 2.C.4.E.5.C APPLIANCES SUCH AS WASHER, DRYERS, MICROWAVES, AND REFRIGERATORS, IN MOST CASES, ARE NOT MISSION CRITICAL. UNLESS SPECIFICALLY DESIGNATED AS REFRIGERATION OF MEDICINES, REQUESTS FOR EXCEPTION TO THIS POLICY MUST HAVE A LEGAL OPINION AND A JUSTIFICATION LETTER SIGNED BY THE MSC’S CHIEF OF STAFF.

25. How to Get Stuff Funding Shopping Clearing / Reconciling a.k.a. How to Get Off the Hook

26. How to Get Stuff Determine that you cannot procure it through other means (supply system, LOGCAP, or existing contract) Determine that you are authorized to make the purchase, that you have enough money, and that it doesn’t exceed your limit Locate vendor: ask other ordering officers or contracting Determine that the price is reasonable (three quotes or past experience in Iraq) Meet vendor at gate (or elsewhere); do paperwork to get them on base as necessary Inspect item, agree to a price, paying agent pays Complete the SF 44 at the time of the transaction (the form may be handwritten or printed) Do a memorandum for record to justify reasoning for purchase if it is likely to be questioned (seems unnecessary or expensive). LOGCAP Logistics Civil Augmentation Program, currently provided by KBR.LOGCAP Logistics Civil Augmentation Program, currently provided by KBR.

27. Monthly Review Visit the contracting office every month to have your purchases and paperwork reviewed. If you didn’t buy anything, or need an extension, let us know. Bring these documents with you: Commander Purchase Review memo (feeder report) Original SF 44 for each purchase Original vendor receipt for each purchase Purchase log (Excel spreadsheet on thumb drive) Memo from IPBO (for OMA accounts; durable items placed on property book) Finance keeps the original SF 44 and receipt, contracting needs 1 copy, and the FOO keeps one copy.) Ensure that the paying agent clears with finance. Monthly review required by Acquisition Instruction, 1.6fMonthly review required by Acquisition Instruction, 1.6f

28. Termination Same procedures as monthly clearing Terminate before leaving the theater (mid-tour leave) We will terminate you upon the request of your commander We will terminate you if you display an inability to follow proper procedures Plan ahead to minimize impact on unit Do a hand-off with your successor. Ensure your paying agent clears as well.

29. Contact Information Capt Hannasch DSN 318-444-2857 VOIP 242-2112 Asia Cell 0770-239-5145 Email: [email protected] Call ahead to ensure we are in. Typically Mon-Sat 0830-1800. Other times by appointment.

30. In Conclusion Don’t be afraid to use your funds. Contact us if you have questions (before you make the purchase). Ask us how to fulfill requirements that exceed your authority. What are your questions?

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