text: Chapter 4
  CONTRACT LAW
  4-19. Contract law governs the formation and administration of government contracts. The OSJA’s contract
  law responsibilities include furnishing legal advice and assistance to commanders and procurement officials
  during all phases of the contracting planning process and overseeing an effective procurement integrity
  program. The responsibilities also include providing legal advice to the command concerning requirement
  scoping, battlefield acquisition, contingency contracting, bid protest and contract dispute litigation, use of
  Logistics Civil Augmentation Program (known as LOGCAP), acquisition and cross-servicing agreements,
  and real estate and construction outside the United States.
  4-20. Legal personnel participate in the contract process by involving themselves early in acquisition
  planning, communicating closely with procurement officials and contract lawyers in the technical supervision
  chain, and providing legal and business advice as part of the contract management team. To accomplish these
  actions, OSJAs usually provide contract law support at the main and tactical CPs in the modular divisions
  and corps, TSC headquarters, theater army headquarters, and each joint and multinational headquarters.
  4-21. Contract law advice may also be required at brigade or battalion headquarters. At those levels, judge
  advocates primarily encounter issues related to simplified acquisitions, contract performance, contract
  terminations, follow-on contracting, emergency acquisition flexibilities, requirements definitions, and the
  use of already existing contracting methods (for example, the Logistics Civil Augmentation Program). OSJAs
  should deploy a contract law attorney with early entryCPs. Judge advocates assigned to sustainment brigades,
  contract support brigades, TSCs, and expeditionary sustainment commands should be trained in government
  contract law and fiscal law. Expertise may be required at the multinational command headquarters to give
  advice concerning international acquisition agreements.
  4-22. Contract lawyers assist operational contract support planning by identifying the legal authorities for
  contracting, obtaining relevant acquisition agreements or requesting their negotiation, helping the requiring
  activity define requirements, helping the contracting officer establish procurement procedures for the
  operation, forecasting intellectual property issues, opining on contract claims, working with contracting
  activities and program offices, the vendor threat mitigation and operation contract support integration cells,
  coordinating with procurement fraud division and contract fiscal law division as necessary, and reviewing
  the contract support integration plan for legal sufficiency. Fiscal lawyers assist operational contract support
  planning by identifying funding authorities supporting the mission. In preparation for deployment, these
  judge advocates or civilian attorneys marshal resources and assist the early entry CP’s final coordination,
  includingthe identification of funding sources and other legal requirements. They also establish liaison with
  the contracting support brigade or joint theater support contracting command, and the Department of State
  country team in the theater of operations. Upon arrival in the theater of operations, the contract and fiscal
  lawyers support the early entry CPmissions of facilitating the deployment and entry of forces.
  4-23. As operations progress contract and fiscal issues will increase in number and complexity. Because of
  this, SJAs should plan for additional contract and fiscal law support to include the creation of joint contracting
  centers. SJAs encourage the use of acquisition review boards because they promote prudent management of
  resources and proactive resolution of logistic support issues.
  ACQUISITION LAW
  4-24. Acquisition law governs the Army requirements process from initial requirement development to
  contract close out and final fund disbursement. The Army’s requirements process also follows and is nested
  within the DOD’s acquisition system found in DODD 5000.01 and DODI 5000.02. Practitioners of
  acquisition law ensure that all acquisition and procurements by the Army are consistent with all applicable
  laws and regulations. Acquisition law also encompasses legal considerations in the overall acquisition
  strategies for the modernization efforts of the Army, such as programming, budgeting, and execution. An
  important part of acquisition law is the Army urgent-operational-needs process and other quick-reaction
  capabilities that are means to support operational Army commanders in current or imminent contingency
  operations with the capabilities urgently needed to achieve mission success and reduce risk of casualties that
  other standard Army processes or procedures are unable to provide.