Page:United States Statutes at Large Volume 120.djvu/2376

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2345

directly to the commander of the combatant command in whose area of responsibility the operations occur. ‘‘(C) A sourcing approach to contingency contracting that is designed to ensure that each military department is prepared to conduct contingency contracting during combat operations, post-conflict operations, and contingency operations, including stabilization and reconstruction operations involving interagency organizations, if required. ‘‘(D) A requirement to provide training (including training under a program to be created by the Defense Acquisition University) to contingency contracting personnel in— ‘‘(i) the use of law, regulations, policies, and directives related to contingency contracting operations; ‘‘(ii) the appropriate use of rapid acquisition methods, including the use of exceptions to competition requirements under section 2304 of this title, sealed bidding, letter contracts, indefinite delivery indefinite quantity task orders, set asides under section 8(a) of the Small Business Act (15 U.S.C. 637(a)), undefinitized contract actions, and other tools available to expedite the delivery of goods and services during combat operations or post-conflict operations; ‘‘(iii) the appropriate use of rapid acquisition authority, commanders’ emergency response program funds, and other tools unique to contingency contracting; and ‘‘(iv) instruction on the necessity for the prompt transition from the use of rapid acquisition authority to the use of full and open competition and other methods of contracting that maximize transparency in the acquisition process. ‘‘(E) Appropriate steps to ensure that training is maintained for such personnel even when they are not deployed in a contingency operation. ‘‘(F) Such steps as may be needed to ensure jointness and cross-service coordination in the area of contingency contracting. ‘‘(2) To the extent practicable, the joint policy for contingency contracting required by subsection (a) should be taken into account in the development of interagency plans for stabilization and reconstruction operations, consistent with the report submitted by the President under section 1035 of this Act on interagency operating procedures for the planning and conduct of stabilization and reconstruction operations. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) CONTINGENCY CONTRACTING PERSONNEL.—The term ‘contingency contracting personnel’ means members of the armed forces and civilian employees of the Department of Defense who are members of the defense acquisition workforce and, as part of their duties, are assigned to provide support to contingency operations (whether deployed or not). ‘‘(2) CONTINGENCY CONTRACTING.—The term ‘contingency contracting’ means all stages of the process of acquiring property or services by the Department of Defense during a contingency operation. ‘‘(3) CONTINGENCY OPERATION.—The term ‘contingency operation’ has the meaning provided in section 101(13) of this title.

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