32 CFR § 159.4 - Policy.

§ 159.4 Policy.

(a) Consistent with the requirements of paragraph (a)(2) of section 862 of Public Law 110-181, as amended, the selection, training, equipping, and conduct of PSC personnel including the establishment of appropriate processes shall be coordinated between the DoD and the Department of State. Coordination shall encompass the contemplated use of PSC personnel during the planning stages of contingency operations so as to allow guidance to be developed under paragraphs (b) and (c) of this section and promulgated under § 159.5 in a timely manner that is appropriate for the needs of the contingency operation.

(b) Combatant Commanders (CCDRs) with geographic Areas of Responsibility (AORs) will provide tailored PSC guidance and procedures for the operational environment in their Area of Responsibility (AOR) in accordance with this part, the Federal Acquisition Regulation (FAR) 1 and the Defense Federal Acquisition Regulation Supplement (DFARS). 2

1 Published in Title 48 of the Code of Federal Regulations.

2 Published in Title 48 of the Code of Federal Regulations.

(c) In a designated area of combat operations or other significant military operations, the relevant Chief of Mission (COM) will be responsible for developing and issuing implementing instructions for non-DoD PSCs and their personnel consistent with the standards set forth by the CCDR for the applicable geographic AOR in accordance with paragraph (b) of this section. The COM has the option to instruct non-DoD PSCs and their personnel to follow the guidance and procedures developed by the CCDR for the applicable geographic AOR and/or a sub unified commander or joint force commander (JFC) where specifically authorized by the Combatant Commander to do so and notice of that authorization is provided to non-DoD agencies.

(d) The requirements of this part shall not apply to contracts entered into by elements of the intelligence community in support of intelligence activities.

[76 FR 49655, Aug. 11, 2011, as amended at 87 FR 55284, Sept. 9, 2022]