Contractor Manpower Reporting

Overview

In 2011 Congress mandated an annual count of contractors performing services for the Department of Defense. This mandate was implemented in the FY2011 National Defense Authorization Act. The inclusion of this requirement was to ensure U.S. Code, Title 10, §2330 was complied with.

Please see Directive Memo from Under Secretary of Defense for Acquisition, Technology, and Logistics. This memo includes a Contract Performance Work Statement.

File:Enterprise-wide Contractor Manpower Reporting Application memorandum.pdf

The implementation of this requirement on contractors is through performance (usually through a Statement of Work), and is not a regulatory requirement implemented through a FAR or DFARS contract clause. However, there have been solicitations by the Army citing contract clause 5152.237-4900 - Accounting For Contract Services Requirement (Oct 2012). As of this writing,the U.S. Government Printing Office (GPO)website, http://www.gpo.gov/fdsys/granule/CFR-2010-title48-vol7/CFR-2010-title48-vol7-chap51/content-detail.html does not list that contract clause.

National Defense Authorization Act

The Secretaries of the Army, Navy, Air Force, and the Directors of the Defense Agencies and Field Activities (in coordination with the appropriate Principal Staff Assistant), in coordination with the Under Secretary of Defense for Personnel and Readiness, shall report to the congressional defense committees within 60 days of enactment of this Act their plan for documenting the number of full-time contractor employees (or its equivalent), as required by United States Code title 10, section 2330a.

10 U.S. Code § 2330

(a) Requirement for Management Structure

The Secretary of Defense shall establish and implement a management structure for the procurement of contract services for the Department of Defense. The management structure shall provide, at a minimum, for the following: (1) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall—

• (A) develop and maintain (in consultation with the service acquisition executives) policies, procedures, and best practices guidelines addressing the procurement of contract services, including policies, procedures, and best practices guidelines for—
  • (i) acquisition planning;
  • (ii) solicitation and contract award;
  • (iii) requirements development and management;
  • (iv) contract tracking and oversight;
  • (v) performance evaluation; and
  • (vi) risk management;

Office of the Secretary of Defense

On November 28, 2012, the Under Secretary of Defense for Acquisition, Technology and Logisticss, and the Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness, distrubuted a memorandum, with the subject of: Enterprise-wide Contractor Manpower Reporting Application. The memorandum, directed (effective that day) all Department of Defense Components to begin including language (for manpower reporting requirements) in all contracts (instruments) that require the performance of services, (including contracts for goods with defined requirements for services).

File:Enterprise-wide Contractor Manpower Reporting Application memorandum.pdf

Air Force

The following file is a memo implementing Section 8108 of the FY11 NDAA:

File:Air Force - Implementation of FY11 NDAA Section 8108 Contractor Inventory1 pdf.pdf

Applicability

Applies to all instruments that require the performance of services (service contracts), including contracts for goods with defined requirements for services.

A contractor needs to understand whether their contract is a servcie contract or supply contract, and whether this requiremnt has been properly placed in their contract(s).

Generally, a contractor knows whether their contract is for services or supplies, but when in question, a contractor can always look at the Federal Service Codes/Product Service Codes.

What Does a Contractor Need to Do ?

Once it is determined that the requirement is properly placed in a contract, a contractor should follow the requirements as outlined in the statement of work. Generally this requires reporting manpower information through the governments electronic reporting portal, eCMRA - Contractor Manpower Reporting Application.