Public Comments 2006-D035-B.Choate

Comment submitted on Tuesday, 02/12/08, at 9:45pm: Proposed subsection (h)(3) of 48 C.F.R. 252.225?7040 seems to rely on an honor system for civilian contractors who have been awarded contracts associated with United States military presence in a foreign territory. Given that the contractors have a financial interest in finishing their currently awarded contract and being awarded new contracts in the future, it seems like a conflict of interest to rely on their own good faith in reporting acts or circumstances that might be considered a violation of law of war. Considering the magnitude that a violation of the law of war can be, even if it is a seemingly small event, it seems that the program would benefit greatly by enacting some sort of alternate enforcement policy. It may be implied that the Combatant Commander or the unit commander has both the authority and duty to supervise the work of the civilian contractor, but that is not entirely clear by the text of the proposed rule. One enforcement mechanism that might prove useful would be a requirement that civilian contractors submit to the unit commander or Combatant Commander a daily or weekly log of activity, whether or not the information provided contains any possible or plausible violations of the law of war. Having this mechanism built into the training prior to beginning contract performance would deter the agency from withholding information during the performance of the contract. Other enforcement mechanisms may be more advisable, but I believe the importance of an enforcement mechanism which is more proactive than relying on the civilian contractors to report in good faith their own potential errors.