Military Operations: Contractors Provide Vital Services to Deployed Forces but Are Not Adequately Addressed in DOD Plans

In June 2003, GAO recommended that the Secretary of Defense develop DOD-wide guidance and doctrine on how to manage contractors who support deployed forces. Our recommendation stated that the guidance should (1) establish baseline policies for the use of contractors to support deployed forces, (2) delineate the roles and responsibilities of commanders regarding the management and oversight of contractors who support deployed forces, and (3) integrate other guidance and doctrine that may affect DOD responsibilities to contractors in deployed locations into a single document to assure that commanders are aware of all applicable policies. In October 2005, DOD issued DOD instruction 3020.41, "Contractor Personnel Authorized to Accompany the U.S. Armed Forces." As we recommended, the instruction established baseline policies for the use of contractors, specifies the roles and responsibilities of commanders when it comes contractors who support deployed forces and integrates applicable guidance into a single document. For example, the instruction details when contractors can be used to provide security for DOD assets, clarifies the commander's responsibility for providing force protection, and highlights other DOD guidance that is applicable to contractors including guidance on mortuary affairs, personnel recovery and identifying contractors who provide essential services.

In June 2003, GAO recommended that DOD develop and require the use of standardized deployment language in contracts that may require contractors to deploy with military forces. Specifically, we recommended that the contract language should address the need to deploy into and around a theater, training, entitlements, force protection, and other deployment issues. GAO also recommended that the Defense Federal Acquisition Regulation Supplement (DFARS) be amended to require that this clause be included in deployment contracts. DOD concurred with our recommendation and, in May 2005, DOD announced in the Federal Register that they were amending the DFARS, effective June 6, 2005, to include a clause that would be applicable to contracts that require contractor personnel to deploy in support of contingency operations, humanitarian or peacekeeping operations, or other military operations as designated by the combatant commander. The clause includes provisions regarding entitlements, force protection, command and control, and training.

In June 2003, GAO recommended that the Secretary of Defense take steps to improve the commander's visibility over, and understanding of, the extent and types of services being provided by contractors, as well as the support the military is to provide to the contractors' employees. We recommended that DOD provide this information to the military service serving as the executive agent for an area of operation and that the information include the types of support contractor employees are entitled to under the terms of their contract, as well as a synopsis of services being provided under the contract. In October 2005 DOD issued DOD instruction 3020.41 "Contractor Personnel Authorized to Accompany the U.S. Armed Forces," including two sections that provide commanders with the types of information included in our recommendation. First, the instruction requires that the Undersecretary Defense (P&R), working with the Undersecretary of Defense (ATL), establish a database that provides by-name accountability for contractors who support deployed forces. Included in the database is information on the services or capability that contractors are providing to the military. Second, the instruction also requires that each contract employee be issued a Letter of Authorization by the contracting officer, which, among other things, documents the types of support contractor employees are entitled to receive under the terms of their contract. All employees are required to have such a letter to travel to, from, or within the area of responsibility and are required to carry the letter at all times.