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number of highly experienced Blackwater employees and a couple military personnel held off a<br />

large number of attacking insurgents and reportedly inflicted numerous casualties. During this<br />

operation, the small team of Americans received air support. Helicopters operated by<br />

Blackwater pilots delivered ammunition to them while the engagement was still in progress.<br />

Whether cleaning latrines, delivering fuel and ammunition, interrogating prisoners,<br />

supporting operational planning, operating UAVs, supporting weapons systems in the field, or,<br />

fighting pitched gun battles, contractors are not only present in current US military operations,<br />

but provide vitally needed manpower and resources. Absent an unlikely substantial growth and<br />

realignment (and return to the draft) of the US military, contractor support for military operations<br />

seems destined to continue into the foreseeable future. Contract support is a vital element in the<br />

projection of US military power. The question is not whether contractors should have such a<br />

vital presence in the operational deployments of US forces. The last decade has resolved that<br />

question. The key questions are how best to utilize and manage contract support in combat and<br />

contingency deployments.<br />

Perceived weakness and inconsistency in DOD policy and management of<br />

“contractors accompanying the force.” The author’s previous research highlighted a number<br />

of deficiencies or “contracting challenges” related to using support contractors in combat and<br />

other contingency operations. Two of these were particularly emphasized. They were (1) the<br />

need for training and (2) the need to enhance the contracting authority of the theater and joint<br />

task force commander. The current research reinforces those earlier perceptions. However,<br />

both areas (and particularly training) are complicated by an over-riding condition, namely,<br />

contracting policy often does not fit the reality of the combat zone.<br />

The discussion of training noted that while:<br />

the prisoner abuse at Abu Ghraib may have been unique, the evident lack of<br />

understanding about proper relationships and roles for contractors may not be equally<br />

unique. Many soldiers at Abu Ghraib thought contractors were supposed to be fully<br />

integrated in the chain of command and even assume supervisory roles over military<br />

personnel. This view was shared by the OIC of investigations at the prison and even<br />

articulated by a field grade Army spokesman who made comments about the situation<br />

from the Pentagon. 35<br />

The discussion continued: “Support service contracts are hard to manage. Maintaining a<br />

team concept between contractor employees and government personnel that work side by side<br />

in an office or on the battlefield is important. Maintaining formal distinctions between the two is<br />

also required (primarily because personal service contracts are generally not authorized).” 36<br />

The “proper roles” and “formal distinctions” mentioned in the previous quotations are<br />

those that stem from government contract law and regulations. 37 The “team” concept and “chain<br />

of command” are personnel management concepts; ones that are particularly important to the<br />

35 Dunn (note 1), op. cit., 60.<br />

36 Ibid., 61.<br />

37 The primary procurement law applicable to DoD components is the Armed Services Procurement Act<br />

(10 USC. chapter 137) implemented by the Federal Acquisition Regulation, FAR, (48 C.F.R. Parts 1-53)<br />

and the DoD FAR Supplement, DFARS, (48 C.F.R. Parts 201-253).<br />

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