Contracted Logistics Support in Operational Environments: The Legal Issues and Their Effects on the Decision to Outsource

Abstract

Since the birth of the republic, the United States has relied on contractors on the battlefield to meet the shortfalls of the military's logistical system. The use of contractors has proven to be an integral part of the U.S. Armed Forces' warfighting capability. With the demise of the Soviet Union, the world has dynamically changed. No longer is the world in a bipolar power struggle over political ideologies. The post-Cold War environment has changed the geopolitical landscape and an environment now exists in which many Governments are trying to establish themselves as regional powers. As a result, the United States has undergone a radical change in its force structure and doctrine. America's Armed Forces are now deployed in greater frequency and length, than at the height of the Cold War. As a result of this phenomenon and other related factors, the U.S. Military is now more reliant than ever on Contracted Logistics Support. A series of legal issues accompany the use of contractors in operational environments. This thesis analyzes the primary legal issues associated with using Contracted Logistics Support in contingency and/or combat operations. These legal issues are: 1) The U.S. Military does not possess the capability or authority to discipline contractors; 2) The U. S. Military cannot command and control contractors in the same way that it commands and controls military units and military personnel; 3) Commanders must ensure that contractors maintain their noncombatant status; and 4) Commanders must determine core capabilities versus those functions that can be outsourced, as well as, consider the risk of contractor non-performance. Each of these factors affects the commander's decision to use Contracted Logistics Support based on the operational environment. Therefore, this thesis will also analyze the decision-making process of determining the use of Contracted Logistics Support using the Recognition-Primed Decision Model.

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Document Details

Document Type
Technical Report
Publication Date
Dec 01, 2001
Accession Number
ADA401333

Entities

People

  • John T. Gutierrez

Organizations

  • Naval Postgraduate School

Tags

Communities of Interest

  • C4I
  • Human Systems
  • Space
  • Weapons Technologies

DTIC Thesaurus Topics

  • Business Administration
  • Civil War
  • Civilian Personnel
  • Congress
  • Contractors
  • Court Martial
  • Employment
  • Health Services
  • International Law
  • Logistics
  • Management Personnel
  • Medical Personnel
  • Military History
  • Military Science
  • National Security
  • Personnel Management
  • Warfare

Readers

  • Government Contracting/Procurement.
  • Joint Military Operations and Doctrine.
  • Strategic Security Studies

Technology Areas

  • Fully Networked C3
  • Fully Networked C3 - Command and Control