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c. The resulting contract would otherwise be proper (a proper contract type, a contract not prohibited by law,etc.), and adequate funds are available, were available at the time of the unauthorized commitment, and have beenavailable continuously since that time.d. The price is fair and reasonable.B. Extraordinary Contractual Actions. If ratification is not appropriate, e.g., where no agreement was reached withthe supplier, the taking may be compensated as an informal commitment. FAR 50.302-3. Alternatively, the supplier maybe compensated using service secretary residual powers. FAR Part 50.1. Requests to formalize informal commitments must be based on a request for payment made within 6 months offurnishing the goods or services, and it must have been impracticable to have used normal contracting procedures at thetime of the commitment. FAR 50.203(d).2. These procedures have been used to reimburse owners of property taken during the Korean War (AFCAB 188, 2ECR § 16 (1966)); in the Dominican Republic (Elias Then, Dept. of Army Memorandum, 4 Aug. 1966); in Jaragua S.A.,ACAB No. 1087, 10 Apr. 1968; and in Panama (Anthony Gamboa, Dep’t of Army Memorandum, Jan. 1990).C. General Accounting Office (GAO) Claims. GAO claims procedures provide another method of settling claims 346for which the legal authority or procedures are uncertain. The GAO has broad authority to settle claims against the U.S.See 31 U.S.C. § 3702(a); Claim of Hai Tha Trung, B-215118, 64 Comp. Gen. 155 (1984). The procedures are set forth in4 C.F.R. Part 30, and in Title 4, GAO Policies and Procedures Manual for the Guidance of Federal Agencies. See alsoDFAS-IN 37-1, paras. 20-19 & 20-96.1. Voluntary Creditors. Generally, government employees who make payments from private funds on behalf of theU.S. may not be reimbursed. See 31 U.S.C. § 1342; Voluntary Payments—Gov’t Reimbursement Liability, B-115761, 33Comp. Gen. 20 (1953). A limited exception to this rule may apply in cases of urgent, unforeseen emergencies.Reimbursement of Personal Expenditures by Military Member for Authorized Purchases, B-195002, May 27, 1980, 80-2CPD 242. Circumstances authorizing reimbursement include protection of government property, Meals—Furnishing—General Rule, B-177900, 53 Comp. Gen. 71 (1973), and unforeseen impediments to completion of an urgent agencymission, Reimbursement of Personal Expenditures by Military Member for Authorized Purchases, B-195002, May 27,1980, 80-2 CPD 242.2. GAO claims procedures may be used to reimburse employees who have made payments which may fit within theabove exceptions to the general rule. The case at 64 Comp. Gen. 155 involved a claim by a Vietnamese man that theGAO determined to be cognizable, but which was barred by a statute of limitations. The case at 33 Comp. Gen. 20involved a person who submitted a voucher for $13.50, $9.00 of which was denied. A supervisor reimbursed that personthe $9.00 out of his own pocket, and claimed that money by letter to GAO (GAO denied recovery because supervisorvolunteered payment, and proper way was for person himself to file directly with GAO for $9.00). The case at 53 Comp.Gen. 71 involved a claim for the cost of providing food service to Federal Protective Services Officers; the GAO found itreimbursable on an emergency basis because the officers had to be on call to protect a federal building occupied byprotesters. If the GAO believes that a meritorious claim cannot be paid because an appropriation is not available for itspayment, GAO reports to Congress. 31 U.S.C. § 3702(d). This report may form the basis for congressional private relieflegislation.VI.CONCLUSIONPlanning is critical to the success of contracting operations in an operational setting. Identification and propertraining of contracting personnel before deployment is essential. In addition to understanding the basic contracting rulesthat will apply during U.S. military operations, contracting personnel also must know basic fiscal law principles (seeChapter 12). Unauthorized commitments are easier to avoid than to correct through ratifications. Avoid them by putting346 Quantum meruit (unjust enrichment) claims no longer go to the GAO. These claims are adjudicated before DOHA (Defense Office of Hearings andAppeals). Quantum meruit claims should be submitted to the KO and then forwarded through channels with an administrative record/file to DOHA.Chapter 13Deployment Contracting252
contracting capability where it is needed on the battlefield. When they do occur, ensure that unauthorized commitmentsare detected and reported early while they are easier to correct.253Chapter 13Deployment Contracting
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OPERATIONAL LAW HANDBOOK(2004)MAJ J
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TABLE OF CONTENTSLegal Basis for th
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as well as other multilateral inter
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The questions that inevitably arise
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extension of anticipatory self defe
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the direction of the National Comma
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NOTESChapter 1Legal Basis for the U
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the legal sources of the law, the c
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or munition would be deemed to caus
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etention and use (even in retaliati
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E. Effect of legal review. The weap
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(9) Biological. The 1925 Geneva Pro
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D. Undefended places. The attack or
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phony network of camps manned by se
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e. CUSTOMS—prepare for customs in
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g. Shipwrecked members of the armed
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offenses causing the death of one o
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1. The role of the ICRC as an impar
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Law of War, the preparation for tri
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. Geneva Protocol I, Article 44 - C
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D. Treachery and Perfidy - Feigning
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A. Fight only enemy combatants.B. D
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CHAPTER 3HUMAN RIGHTSREFERENCES1. G
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6. Taking of hostages,7. Punishment
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D. This “self-execution” doctri
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APPENDIXUNIVERSAL DECLARATION OF HU
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2. No one shall be arbitrarily depr
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CHAPTER 4LAW OF WAR IN MILITARY OPE
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Although in theory understanding th
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10. To understand the contemporary
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APPENDIX ATREATMENT OF PERSONSVI.FO
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G. When applying law by analogy, lo
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APPENDIX BTREATMENT OF PROPERTYIX.T
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APPENDIX CDISPLACED PERSONSX. TREAT
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3. No statutory limit to the length
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CHAPTER 5RULES OF ENGAGEMENTREFEREN
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D. Purpose. The purpose is twofold:
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defense is often different and will
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3. Accordingly, the drafting of ROE
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imperative format. Although such an
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CJCSI 3121.01A15 January 20005. Def
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CJCSI 3121.01A15 January 2000I -- D
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CJCSI 3121.01A15 January 2000(3) Pa
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CJCSI 3121.01A15 January 2000b. Nat
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CJCSI 3121.01A15 January 2000b. Col
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CJCSI 3121.01A15 January 2000(1) U.
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CJCSI 3121.01A15 January 2000(c) Re
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CJCSI 3121.01A15 January 2000(9) RO
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Peace Enforcement: KFOR (Kosovo, Ju
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Armed Conflict: OPERATION IRAQI FRE
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CHAPTER 6NATIONAL SECURITY STRUCTUR
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4) Operational Elements.(3) Regiona
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c) Combatant Commander Authorityi)
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CHAPTER 7LAW OF THE SEA, AIR, AND S
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a. Straight Baselines may be utiliz
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• Status of Forces Agreements. Th
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their navigation and submarines may
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• Ships engaged in the slave trad
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CHAPTER 8CIVILIAN PERSONNEL SUPPORT
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G. Notice of the anthrax vaccine re
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determines areas entitled to receiv
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obtain a local license for the coun
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NOTESChapter 8Civilian Personnel122
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4. TYPES OF CLAIMS APPLICABLE DURIN
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e. Claims Cognizable under Internat
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countries where the Department of t
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exclude claims arising from “war
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APPENDIX AAssignment of Single-Serv
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APPENDIX BUNIT CLAIMS OFFICER DEPLO
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Enclosure 1 - Unit Claims Officer A
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Enclosure 2 - Investigators Intervi
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9. Findings. Fully describe the inc
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G. Secure a supply of the forms lis
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APPENDIX DSAMPLE DEPLOYMENT CLAIMS
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D. Forward a brief monthly claims r
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Enclosure 1 - Claims Chronology She
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Enclosure 3 - Request for Ex Gratia
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Enclosure 4 - Example Implementing
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Enclosure 5 - FCC Data SheetFOREIGN
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Enclosure 7 - Partial Claims Settle
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NOTESChapter 9, Appendix DClaims158
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Field Manual (FM) 27-100 lists four
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If authority is not present, JAs sh
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For courts-martial this is largely
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Army commanders may impose NJP on p
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For statute of limitations purposes
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Extremely dangerous wartime offense
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AppendicesA. Sample Transfer of Jur
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5. COMMAND AND SIGNAL. Basic Planni
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Appendix CDESERT SHIELD GENERAL ORD
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JTF 190 (HAITI) GENERAL ORDER NO.11
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ALLIED FORCE/ALLIED HARBOR (Balkans
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NOTESChapter 10, Appendix BCriminal
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d) As a final introductory matter,
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project that is prohibited or stric
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implement Executive Order 12,114. I
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that this translation takes a form
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agreements or issues. The Army must
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simple breach only requires parties
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to the three element threshold set
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THE OIL POLLUTION ACT OF 1990 - 33
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NOTESChapter 11Environmental Law200
Page 206 and 207: 37. Executive Order No. 11958, Jan.
Page 208 and 209: Nov. 4, 1997. The election is bindi
Page 210 and 211: subdivisions); 31 U.S.C. 1517; DFAS
Page 212 and 213: a. This authority applies to deploy
Page 214 and 215: 3) The first pillar is commonly ref
Page 216 and 217: Command (who is the senior rater fo
Page 218 and 219: 8) Anti-Terrorism Assistance, which
Page 220 and 221: crime control and police training s
Page 222 and 223: advising that may engage United Sta
Page 224 and 225: cost” recovery when the services
Page 226 and 227: 5. Summary. As reflected in the for
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Page 230 and 231: were reasonably related to DoD purp
Page 232 and 233: the HCA project. The promotion of t
Page 234 and 235: U.S. combat units are not participa
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Page 238 and 239: MMC funds, not O&M, for all permane
Page 240 and 241: 1990, President Bush invoked this a
Page 242 and 243: NOTESChapter 12Fiscal Law238
Page 244 and 245: multiplier, deployment contracting
Page 246 and 247: word-processing documents. Translat
Page 248 and 249: award (low-cost, technically-accept
Page 250 and 251: ii. Extent of obligation.iii. Prici
Page 252 and 253: deployment region. For example, the
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Page 258 and 259: APPENDIX ASF 44INSTRUCTIONS FOR THE
Page 260 and 261: SF 44BOTTOM HALFChapter 13, Appendi
Page 262 and 263: INSTRUCTION TO COMMANDERS1. You mus
Page 264 and 265: RECEIPTThis is a receipt for your p
Page 266 and 267: a. DoD 5240.1-R is the sole authori
Page 268 and 269: APPENDIX AREFERENCESThe attached li
Page 270 and 271: NavySECNAVINST 3300.2, Combating Te
Page 272 and 273: NOTESChapter 14, Appendix AIntellig
Page 274 and 275: 1. The applicant for CO status must
Page 276 and 277: a. The Joint Ethics Regulation (JER
Page 278 and 279: AR 735-5, Policies and Procedures f
Page 280 and 281: (1) Simple negligence - the failure
Page 282 and 283: (2) Direct responsibility.(a) An ob
Page 284 and 285: c. No involuntary withholding for t
Page 286 and 287: Administrative Investigations. AR 1
Page 288 and 289: 4) Formal Procedures. These board w
Page 290 and 291: (5) Possible criminal implications
Page 292 and 293: APPENDIXARMY REGULATION 15-6INVESTI
Page 294 and 295: PRELIMINARY MATTERS1. Appointing au
Page 296 and 297: c. Although AR 15-6 does not requir
Page 298 and 299: investigation is complete. This pre
Page 300 and 301: 2. Investigative Plan.a. Does the i
Page 302 and 303: Negotiating an agreement.Implementi
Page 304 and 305: 4) The most important authority tha
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a. Types of Criminal Jurisdiction A
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United States may, at its discretio
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value; or cash. In addition, ACSA a
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a. During combat readiness exercise
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STEPS WORK CENTER REQUIRED ACTION1
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e. Immunizationsf. HIV Testing not
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c. During an exercise, judge advoca
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e. Establishment of good working re
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CHECKLISTSTable 3: Sample Ready Box
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JA 260JA 261JA 262JA 263JA 265JA 26
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34. National Defense Authorization
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to inflict mass casualties. Histori
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C. NSC’s Counterterrorism & Natio
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N. Military Authority. Upon notific
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1. Exclusive jurisdiction means tha
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A. Legal Basis for Military Use of
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In addition to the Military Commiss
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I. INTRODUCTIONA. “Information Op
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a. IA ensures the “availability,
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III. INTERNATIONAL LEGAL CONSIDERAT
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deliberate actions of one belligere
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ecords, telephone number or other s
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FOREIGN INTELLIGENCE INFORMATION: I
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NOTESChapter 19Information Operatio
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31. AR 700-131, Loan and Lease of A
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. “Civil support (CS)” is not d
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(2) A member of the National Guard
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a. Criminal Sanctions. 2 years impr
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(1) Military Working Dog Team. A sp
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Support to Law Enforcement Agencies
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3710.01. Example: For certain missi
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1. Military forces shall not be use
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. As a prerequisite, the Governor m
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ESF 3 - Public Works and Engineerin
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a. Unlike the GARDEN PLOT Rules of
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operated by PSYOP personnel, with t
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National Defense Authorization Act,
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THE SECRETARY OF DEFENSE1000 DEFENS
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Guard counterdrug ground reconnaiss
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DEPUTY SECRETARY OF DEFENSE101 DEFE
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The Director of Administration and
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International Security Affairs (ASD
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c. WLG also serves as coordinator w
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D. Status of Personnel. In NEOs, co
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NOTESChapter 21NEO394
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39. Rescue Mission Report, August 1
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commands within USASOC such as the
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the deployed detachments. This is a
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1. This activity covers a broad spe
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2) CA activities are activities per
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operations centralize the populatio
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21) DoD also conducts operations ou
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H. Counterproliferation (CP) of Wea
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made by a seasoned SF NCO. Any CD m
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NOTESChapter 22Special Operations41
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strategy for resolving internationa
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P.L. 107-46, which authorizes payme
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2. Whereas peace operations are aut
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- Second generation peacekeeping 40
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- Outline proposals for the movemen
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- Permissions to operate UN vehicle
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2) (U.S./UN). U.S./UN forwards the
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c. Section 551 Foreign Assistance A
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APPENDIX ACONVENTION ON THE PRIVILE
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SECTION 13. Where the incidence of
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SECTION 30. All differences arising
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Recognizing that United Nations ope
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Article 8Duty to release or return
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Article 16Mutual assistance in crim
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2. For each State ratifying, accept
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1. With consent: RC members may be
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NOTESChapter 24Reserve Component448
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III. The Deputy Secretary of Defens
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Chapter 25Joint Operations - DoD452
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IV.MILITARY SERVICE CHIEFSThe milit
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ARMYYou can fly over a land forever
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C. There are different types of div
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III.ROLE OF THE ARMY OPERATIONAL LA
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4. Synergy. Internally, the mission
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component commander (JFACC) is the
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coordination with other Services co
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AF Combat Wing OrganizationWing Sta
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AEF COMPONENT AIRCRAFT ASSETSON-CAL
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(division, wing, FSSG) has a SJA an
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B. MARITIME PREPOSITIONING FORCE. A
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Chapter 25Joint Operations - Marine
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Chapter 25Joint Operations - Marine
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NAVYA. The 1997 National Military S
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COAST GUARDREFERENCES1. Title 14, U
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Commander, Atlantic Area and Fifth
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2. Enforcing domestic fisheries law
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NORTH ATLANTIC TREATY ORGANIZATION
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H. Article 5 is the soul of NATO in
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L. The Alliance rests upon commonal
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B. International law, including the
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4. The following categories of info
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iased articles. If only one side of
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a) In stand-up interviews, stand st
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6. After It’s All Overx) Never li
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APPENDIXJOINT PUB 3-61, (May 1997)G
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NOTESChapter 26, AppendixMedia Rela
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esponsible for taking the brigade c
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fire on enemy forces defending the
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of the operation, while affording t
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may prefer to use a shorthand appro
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APPENDIXFORMATS FOR LEGAL APPENDICE
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Chapter 27, AppendixMDMP and OPLANS
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CLASSIFICATIONSAMPLE LEGAL APPENDIX
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(1) (U) Acts of violence. UNMIH per
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NOTESChapter 27, AppendixMDMP and O
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3) In the Operations Center: A Judg
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issues. Lastly, the Advanced Operat
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temperature range, winds over 45 kn
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fratricides, and civilians on the b
Page 534 and 535:
environment often requires JAs and
Page 536 and 537:
critical to conducting mission anal
Page 538 and 539:
NOTESChapter 28CLAMO538
Page 540 and 541:
Center for Disaster Management & Hu
Page 542 and 543:
GAO Comptroller General Decisions h
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Naval Postgraduate School http://ww
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White House http://www.whitehouse.g
Page 548 and 549:
GLOSSARYAAAAADCAADCOMAADCOORDAATFAB
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CEPCFACFLCFZCGCGSCCICIACIDCIFCIMICC
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FACForward Air ControllerFANS Frien
Page 554 and 555:
JOAJoint Operations AreaJOPES Joint
Page 556 and 557:
OPLANOPLAWOPLAWYEROPORDEROPSECORFPA
Page 558 and 559:
TAMMCTBDTCTCPTCSBTDATDSTEWTTFTHREAT
Page 560 and 561:
INDEX15-6 Investigation Guide, 2921
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Military Necessity, 12, 13Military
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