Department of Defense

INSTRUCTION

NUMBER 1100.22

April 12, 2010

Change 1, December 1, 2017

USD(P&R)

SUBJECT: Policy and Procedures for Determining Workforce Mix

References: See Enclosure 1

1. PURPOSE. In accordance with the authority in DoD Directive 5124.02 (Reference (a)), this

and justify activities that are inherently governmental (IG); commercial (exempt from private

sector performance); and commercial (subject to private sector performance).

e. Reconciles and consolidates the definitions and examples of IG from section 306 of title 5,

United States Code (U.S.C.) (Reference (d)); sections 501 (note), 1115, and 1116 of title 31,

U.S.C. (Reference (e)); Attachment A of Office of Management and Budget (OMB) Circular A-

76 (Reference (f)); and Subparts 2 and 7.503(c) of the Federal Acquisition Regulation (Reference

(g)) into a set of criteria for Defense-wide use.

f. Implements aspects of sections 113, 118(b), 129a, and 2463 of title 10, U.S.C. (Reference

(h)).

g. Reissues and cancels DoD Instruction 1100.22 (Reference (i)).

Field Activities, and all other organizational entities within the Department of Defense (hereafter

referred to collectively as the “DoD Components”).

3. DEFINITIONS. See Glossary.

4. POLICY. It is DoD policy that:

a. Consistent with Reference (a) and section 118(b) of Reference (h), the workforce of the

Department of Defense shall be established to successfully execute Defense missions at a low to

moderate level of risk. Accordingly, risk mitigation shall take precedence over cost savings

when necessary to maintain appropriate control of Government operations and missions.

be structured with sufficient manpower to satisfy projected mobilization and crisis demands that

cannot be met in sufficient time by mobilizing, hiring, recruiting, or reassigning DoD personnel

or contracting for additional support.

c. Functions that are IG cannot be legally contracted. The Manpower Mix Criteria codes in

References (d) through (g) and shall serve as the DoD standard for determining what is IG.

Functions that are IG shall be designated for DoD civilian or military performance consistent

with the criteria.

d. Functions that are not IG are commercial in nature. Commercial activities (CAs) that are

exempted from private sector performance by law, Executive order (E.O.), treaty, or

development, continuity of operations, and esprit de corps.

e. Consistent with sections 129a and 2463 of Reference (h) and with Deputy Secretary of

Defense memorandum (Reference (j)), even if a function is not IG or exempted from private

sector performance, it shall be designated for DoD civilian performance (subject to paragraph

4.g. of this section) unless an approved analysis for either of the following exceptions has been

addressed consistent with the DoD Component’s regulatory guidelines:

personnel. This shall include determinations by Human Resource (HR) officials that DoD

civilians cannot be hired, hired in time, or retained to perform the work.

f. Consistent with Reference (a), manpower shall be designated as civilian except when one

or more of the following conditions apply:

g. Consistent with DoD Instruction 1400.25, Volume 250 (Reference (k)), Civilian Strategic

competencies needed to meet missions requirements.

5. RESPONSIBILITIES. See Enclosure 2.

6. PROCEDURES. See Enclosure 3.

acronyms and references for accuracy.

9. EFFECTIVE DATE. This Instruction is effective April 12, 2010.

4. Manpower Mix Criteria

5. Guidance for Risk Assessments

ENCLOSURE 1: REFERENCES ...................................................................................................7

ENCLOSURE 2: RESPONSIBILITIES .........................................................................................9

UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS

USD(AT&L) ..............................................................................................................................9

UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE (USD(I)) ...............................9

HEADS OF THE DoD COMPONENTS ................................................................................10

PERSONNEL SHORTFALLS ................................................................................................15

COST AS A DECIDING FACTOR IN WORKFORCE MIX DECISIONS ..........................15

ORDER OF PRECEDENCE FOR CODING MANPOWER IN DOD MANPOWER

CODING MILITARY-TO-CIVILIAN AND CIVILIAN-TO-MILITARY

CODING MILITARY MANPOWER LOCATED IN ACTIVITIES OUTSIDE THE

ENCLOSURE 4: MANPOWER MIX CRITERIA ......................................................................17

CRITERION G - EXEMPTION FOR ESPRIT DE CORPS ...................................................37

CRITERION W - NON-PACKAGEABLE CA ......................................................................45

ENCLOSURE 5: GUIDANCE FOR RISK ASSESSMENTS .....................................................46

MANPOWER MIX CRITERIA ..............................................................................................12

(a) DoD Directive 1100.4, “Guidance for Manpower Management,” February 12, 2005

(b) DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness

(USD(P&R)),” June 23, 2008

(c) DoD Instruction 3020.37, “Continuation of Essential DoD Contractor Services During

Crisis,” November 6, 1990 (hereby cancelled)

(d) Section 306 and Chapter 11 of title 5, United States Code

(e) Sections 501 (note), 1115, 1116, 3711, and 3718 of title 31, United States Code

(f) Office of Management and Budget (OMB) Circular A-76 (Revised), “Performance of

and Procedures of In-sourcing New and Contracted Out Functions,” April 4, 2008

(k) DoD Instruction 1400.25, Volume 250, “DoD Civilian Personnel Management Systems:

Volume 250, Civilian Strategic Human Capital Planning (SHCP),” June 7, 2016

(m) DoD Instruction 5000.02, “Operation of the Defense Acquisition System,” January 7, 2015,

as amended

(n) DoD Instruction 3020.41, “Contractor Personnel Authorized to Accompany the U.S. Armed

Forces,” December 20, 2011, as amended

(o) DoD Instruction 3020.50, “Private Security Contractors Operating in Contingency

Operations,” July 22, 2009, as amended

(p) Sections 1038 and 1080 of Public Law 111-84, “The National Defense Authorization Act

For Fiscal Year 2010,” October 28, 2009

edition

(t) DoD Directive 1404.10, “DoD Civilian Expeditionary Workforce,” January 23, 2009

(u) DoD Directive 1200.7, “Screening the Ready Reserve,” November 18, 1999

(v) Constitution of the United States

(w) Articles 2, 3, 4, and 32 of the Geneva Convention Relative to the Treatment of Prisoners of

War, of August 1949 (Third Geneva Convention)

(x) Articles 24, 28, and 30 of Convention (I) for the Amelioration of the Condition of the

Wounded and Sick in Armed Forces in the Field, August 12, 1949, (GWS)

2014

(z) DoD S-5210.41-M, Volume 1, “Nuclear Weapon Security Manual (U),” January 22, 2015

(aa) DoD Directive 3115.09, “DoD Intelligence Interrogations, Detainee Debriefings, and

Tactical Questioning,” October 11, 2015, as amended

(ab) DoD Directive 5530.3, “International Agreements,” June 11, 1987, as amended

(ac) DoD Directive 2311.01E, “DoD Law of War Program,” May 9, 2006, as amended

(ad) DoD Instruction 1000.17, “Detail of DoD Personnel to Duty Outside the Department of

Defense,” October 30, 2013

(ae) DoD Directive 1100.20, “Support and Services for Eligible Organizations and Activities

Outside the Department of Defense,” April 12, 2004

(ak) Section 670(a) of title 16, United States Cod

(al) DoD Instruction 8500.01, “Cybersecurity,” March 14, 2014

(am) Executive Order 12473, “Courts-Martial Manual, United States, 1984” April 13, 1984, as

(an) Secretary of Defense Memorandum, “UCMJ Jurisdiction Over DoD Civilian Employees,

DoD Contractor Personnel, and Other Persons Serving With or Accompanying the Armed

Forces Overseas During Declared War and a Contingency Operation,” March 10, 2008

(ao) DoD Directive 1000.20, “Active Duty Service Determinations for Civilian or Contractual

Groups,” September 11, 1989

(ap) Office of the Chairman of the Joint Chiefs of Staff, “DoD Dictionary of Military and

Associated Terms,” current edition

Available at: www.unhchr.ch/html/menu3/b/q_genev2.htm

1. UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS

(USD(P&R)). The USD(P&R) shall:

a. Maintain oversight of programs that implement this Instruction and work with the Heads

of DoD Components to ensure that the DoD Components establish policies and procedures

consistent with this Instruction.

b. Coordinate with the Under Secretary of Defense for Acquisition, Technology, and

this Instruction. This shall include requiring the contracting officer, concurrent with the

transmittal of the statement of work (or any modification thereof), to obtain a written statement

from the requiring official that the work is appropriate to contract consistent with this Instruction

b. Ensure that policies and procedures governing the Defense acquisition process in DoD

Instruction 5000.02 (Reference (m)) are consistent with this Instruction.

c. Ensure that policies and procedures governing contractor personnel in DoD Instruction

3020.41 (Reference (n)) and DoD Instruction 3020.50 (Reference (o)) are consistent with this

Instruction.

3. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE (USD(I)). The USD(I) shall:

a. Ensure that policies and procedures governing DoD intelligence and counterintelligence

operations (to include intelligence interrogations and debriefings) are consistent with this

Instruction.

more criteria apply, the criterion highest on the list shall take precedence. The order of

precedence at the Table is structured to give manpower officials visibility of why activities are

performed by DoD civilian or military personnel. By understanding the underlying reason for

the workforce mix, Defense officials can assess the risks that manpower shortfalls have on IG

responsibilities, readiness, workforce management, and mission accomplishment.

8. CODING MILITARY-TO-CIVILIAN AND CIVILIAN-TO-MILITARY CONVERSIONS.

performed by DoD civilian personnel, or that DoD civilian personnel are performing functions

that should be performed by military personnel, they shall use the appropriate code to show that

the activity should be converted from military to civilian or from civilian to military

performance. For example, manpower analysts shall designate military manpower with code

Combatant Commands, DoD Field Activities, Defense Agencies, or other organizations outside

the Military Departments determine or revalidate their workforce mix, they shall consult officials

from the Military Services to ensure that manpower needed for military rotation, career

interagency assignments.

MANPOWER MIX CRITERIA

1. CRITERION A - DIRECTION AND CONTROL OF COMBAT/CRISIS SITUATIONS.

Manpower analysts shall code manpower in operating forces “A” if the manpower performs any

of the IG functions addressed in this section. Civilian manpower in overseas locations that are

coded “A” are also designated E-E as provided by DoD Directive 1404.10 (Reference (t)). E-E

positions are also designated key following the procedures in DoD Directive 1200.7 (Reference

(u)) to indicate they are not to be filled by Ready Reservists that can be called to active duty.

a. Command of Military Forces. Command of military forces is an IG function according to

b. Operational Control of Combat, Combat Support, and Combat Service Support Units.

Operational control is derived, in part, from IG responsibilities assigned to commanders and their

military subordinates as explained in subparagraphs 1.b.(1) and 1.b.(2) of this enclosure.

form of discipline – i.e., they must obey all lawful orders at all times and are trained and

prepared to immediately perform all duties as directed by military commanders. In addition,

military personnel may not quit or abandon their duties. See subparagraphs 2.d.(1) through

2.d.(4) of Enclosure 5 concerning responsibilities inherent to military discipline that are uniquely

military. This strict discipline provides military commanders with the control and flexibility

needed to quickly reassign duties, reconstitute operations, provide relief and assistance to

military forces during hostilities, and fight and win wars. It also provides for the orderly transfer

enforced, among other means, by Chapter 47 of Reference (h), also known and hereafter referred

to as “the UCMJ.” Consistent with section 809 of Reference (h), commissioned officers have the

authority to order the arrest or confinement of an enlisted Service member who violates the

UCMJ. Commanding officers may authorize warrant officers, petty officers, or

noncommissioned officers to order enlisted members of their command or individuals subject to

their authority who violate the UCMJ into arrest or confinement. Commissioned and warrant

officers, and those civilians subject to the UCMJ, may be ordered into arrest or confinement only

by a commanding officer to whose authority they are subject. Civilians are subject to the UCMJ

when serving with or accompanying U.S. armed forces in the field during a declared war or a

qualifying contingency operation (as defined in Enclosure 5). The authority to order the arrest or

confinement of civilians subject to the UCMJ, commissioned officers, and warrant officers may

not be delegated by the commanding officer. UCMJ authority, together with the operational

control it provides, entails substantial discretion and is IG-consistent with References (e), (f), and

(g).

c. Combat Operations. When armed fighting or use of force is deemed necessary for

national defense, the Department of Defense may authorize deliberate destructive and/or

disruptive action against the armed forces or other military objectives of another sovereign

government or against other armed actors on behalf of the United States. This entails the

(a) The U.S. Government has exclusive responsibility for discretionary decisions

concerning the appropriate, measured use of combat power, including the offensive use of

destructive or deadly force on behalf of the United States.

(b) Since combat operations authorized by the U.S. Government entail the exercise

of sovereign Government authority and involve substantial discretion – i.e., can significantly

affect the life, liberty, or property of private persons or international relations - they are IG-

consistent with References (e), (f), and (g).

(c) The appropriate, measured use of combat power during hostilities is of critical

national interest. Under certain circumstances, the United States can be liable for its misuse or

compelled to make restitution due to its unintended collateral effects. The Department of

2. Holding military commanders and their forces accountable for the appropriate

and controlled use of combat power and adherence to rules of engagement and the law of war.

(See section 164 of Reference (h) concerning the responsibility of CCDRs for their authority,

direction, and control of commands and forces assigned to their command. This responsibility

entails substantial discretion and is IG-consistent with References (e), (f), and (g).)

3. Ensuring that the discretionary judgment, leadership, knowledge, and

discipline necessary to perform effectively and responsibly under fire is developed and

reinforced through extensive training of military commanders in tandem with their forces.

4. Holding commanders responsible for assessments of the training, discipline,

and readiness of their forces to conduct assigned missions. (See section 117 of Reference (h)

concerning the commanders’ responsibility for force readiness. This responsibility entails

substantial discretion and is IG-consistent with References (e), (f), and (g).)

military and coded “A” if the planned use of destructive combat capabilities is part of the

mission assigned to this manpower (including destructive capabilities involved in offensive

cyber operations, electronic attack, missile defense, and air defense). This includes manpower

supplies, facilities, etc.) or operations in uncontrolled, unpredictable, unstable, high risk, or

some of which are IG and others of which are commercial. (See paragraph 2.b. of this enclosure

for a discussion of security functions that are not IG but are exempted from private sector

performance.) Subparagraphs 1.d.(1)(a) through (f) of this enclosure are examples of IG security

functions.

(a) If security forces that operate in hostile environments as part of a larger, totally

integrated and cohesive armed force perform operations in direct support of combat (e.g.,

battlefield circulation control and area security), the operations are IG. These operations entail

enclosure and must be provided through a military means. As PSCs may not perform these

security operations, private security contracts are not a force structure substitute for these

requirements.

(b) Security is IG if it is performed in environments where there is such a high

likelihood of hostile fire, bombings, or biological or chemical attacks by groups using

sophisticated weapons and devices that, in the judgment of the military commander, the situation

could evolve into combat. Security performed in such high-risk environments requires command

decisions, military training, and operational control for reasons stated in subparagraph 1.c.(1) of

this enclosure and shall be designated for military performance. In such situations, private

security contracts are not a force structure substitute for these requirements.

(c) Security actions that entail assisting, reinforcing, or rescuing PSCs or military

units who become engaged in hostilities are IG because they involve taking deliberate, offensive

action against a hostile force on behalf of the United States. This type of security requires

command decisions, military training, and operational control for reasons stated in subparagraph

1.c.(1) of this enclosure and shall be designated for military performance. As PSCs may not be

given the discretionary latitude to engage in offensive actions, private security contracts are not a

force structure substitute for these requirements. Nothing in this subparagraph of the Instruction

shall preclude a PSC from defending another contractor or government entity of their own

volition if consistent with U.S., international, and host nation (HN) law; Status of Forces

information and an example.) This type of security requires command decisions, military

training, and operational control for reasons stated in subparagraph 1.c.(1) of this enclosure and

shall be designated for military performance. As PSCs may not be given the discretionary

security contracts are not a force structure substitute for these requirements.

(e) Security is IG if, in the commander’s judgment, decisions on the appropriate

course of action would require substantial discretion, the outcome of which could significantly

affect U.S. objectives with regard to the life, liberty, or property of private persons, a military

mission, or international relations. Such actions typically require high-risk, on-the-spot

judgments on the appropriate level of force, acceptable level of collateral damage, and whether

the target is friend or foe in situations pivotal to U.S. interests. These actions are so intimately

by References (n) and (o), contractors may provide security services for other than uniquely

military functions as identified in subparagraphs 1.d.(1)(a) through 1.d.(1)(e) of this enclosure,

so long as the geographic CCDR can:

1. Clearly articulate rules on the use of force that preclude ceding governmental

control and authority of IG functions to private sector contractors as addressed in subparagraphs

1.d.(1)(a) through 1.d.(1)(e) of this enclosure.

2. Set clear limits on the use of force based on U.S. law and policy, and

applicable HN law, relevant SOFAs, IAs, and international law, including the law of war.

3. Include in the contract for security services a description of where the PSC will

operate, a description of the anticipated threat, a description of any known or potentially

hazardous situations, and a plan for how appropriate assistance will be provided to PSC

personnel who become engaged in hostile situations.

if, in the judgment of the commander, it meets one or more of the criteria addressed in

subparagraphs 1.d.(1)(a) through 1.d.(1)(e) of this enclosure. This includes combat support (CS)

and combat service support (CSS) if all the manpower in the unit must perform one or more of

these IG security functions to accomplish the mission. For example, manpower in Marine Corps

numbers of military maintainers are not yet trained, the commander might be able to use contract

maintenance in a secure compound without degrading the operational capability of the system.

In such cases, only the IG security forces at the compound are coded “A.” However, in such

(n).

command to determine whether or not the performance by a PSC under a contract awarded for a

particular activity, a series of activities, or activities in a particular location, within a designated

area of combat operations, is appropriate. Such a determination shall not be delegated to any

person who is not in the military chain of command.

prohibiting the free exercise thereof. Although the Department of Defense can and does contract

for religious ministry from individual faiths, the Department of Defense cannot contract for the

type of religious pluralism required in operational environments.

professionals the type of religious pluralism exercised by military chaplains without risk of

challenge under the establishment clause of the First Amendment of the Constitution (Reference

(v)). Accordingly, sections 3073, 5347, 5142, and 8067 of Reference (h) authorize the

appointment of military chaplains. Chaplains provide for military members’ religious “free

exercise” rights and satisfy both the “establishment” and “free exercise” clauses of Reference

(v). Legal efforts to invalidate this contention have been unsuccessful. In addition, military

chaplains have support from over 230 endorsing bodies that represent over 300 faith groups to

work cooperatively with other faith groups to provide for the pluralistic religious needs of

military members.

military chaplains must use substantial discretion and make value judgments when interpreting

DoD policy and ministering to the pluralistic religious needs of the military. To avoid

proselytizing, chaplains often have to balance their personal religious beliefs with the

of activities when religion and other cultural issues and ideologies could have a pronounced

influence on civil-military operations, psychological operations, or public affairs activities.

performing religious or medical services, military chaplains and military medical personnel are

not held as prisoners of war (POWs). They are retained persons who are permitted to attend to

the religious and medical needs of U.S. POWs under the Geneva Convention. Their unique role

is performed on behalf of the U.S. Government and cannot be delegated to DoD civilians or

private sector contractors. (See Article 32 of the Third Geneva Convention (Reference (w)) and

Articles 24, 28, and 30 of the Convention (I) for the Amelioration of the Condition of the

Wounded and Sick in Armed Forces in the Field (Reference (x)).)

2310.01E (Reference (y)), falls under the discretionary exercise of government authority.

Responsibility for their handling as well as decisions concerning how they are treated cannot be

transferred to private sector contractors.

adjudicatory functions in support of UCMJ criminal justice proceedings are IG activities.

Consistent with Reference (h) these activities must be performed by military personnel.

Accordingly, this manpower shall be designated military and coded “A.”

preservation of crime scenes, are IG activities. According to Reference (g), direct conduct of

criminal investigations is an IG activity. This includes interrogations and interviews conducted

for law enforcement purposes. If these activities are carried out under the UCMJ as prescribed in

Chapter 47 of Reference (h), or are performed in hostile areas where security necessary for DoD

civilian performance cannot be provided, the operation shall use only military personnel. The

Department of Defense shall build the appropriate mix of code “A” manpower and acquire and

train the requisite military and civilian personnel to meet the requirements. Contractors, to

include PSCs, are prohibited from performing law-enforcement activities. However, in areas

where adequate security is available and expected to continue, properly trained and cleared

contractors may perform special non-law-enforcement security activities that do not directly

involve criminal investigations, so long as they are monitored by sufficiently trained government

terrorists, and other criminals in areas of operation are IG activities. Consistent with Chapter 47

of Reference (h) and Reference (y), these activities must be performed by military personnel.

detention under the law of war as part of ongoing operations for their own protection or to

remove potential threats from the battle space.

Consistent with Reference (g), direction and control of intelligence and counterintelligence

operations are IG activities. This includes the approval, supervision, and oversight of

intelligence interrogations and detainee debriefings. Also, consistent with References (e), (f),

and (g), intelligence and counterintelligence activities (to include intelligence interrogations and

h. Federal Procurement Activities Performed in Operational Environments. According to

Reference (g), Federal procurement activities with respect to prime contracts (to include

determining what supplies or services are to be acquired; approving, awarding, administering,

and terminating contracts; and determining whether contract costs are reasonable, allocable, and

allowable) are IG. When performed in hostile areas where security necessary for DoD civilian

performance cannot be provided, the operation shall use only military personnel. Otherwise, the

operation shall be performed by DoD civilian manpower. The Department of Defense shall

build the appropriate mix of code “A” manpower and acquire and train the requisite military and

civilian personnel to meet the requirements.

2. CRITERION B - EXEMPTION OF CS AND CSS DUE TO OPERATIONAL RISK. Section

118(b) of Reference (h) requires that the Department of Defense plan to successfully execute the

full range of missions called for in the national defense strategy at a low to moderate level of

risk. Consistent with Reference (a), certain commercial CS and CSS functions are exempted

from private sector performance and designated for DoD civilian or military performance for risk

mitigation purposes.

a. Exemption for Military CS and CSS

Department to maintain the capability to reconstitute or expand the defense capabilities of the

armed forces on short notice to meet a resurgent or increased threat.)

combatants.

(c) Activities that are closely associated with IG functions would be put at an

inappropriate level of risk if contracted as addressed at subparagraph 1.b.(3) of Enclosure 5.

(d) DoD civilians or private sector contractors will not or cannot continue to perform

their work. This includes situations where, in the commander’s judgment:

3. There is too great a risk that a contractor would default or not comply with the

rules on the use of force.

(e) Security provided by contractors could prove inadequate due to the contractor’s

weapons, operational security, communications systems, or training. For example, contract

security may be inadequate for a large cache of conventional arms, ammunitions, or explosives.

In addition, a commander may determine that contract security is inadequate because there is too

great a risk that an encounter with an enemy or hostile force would lead to hostilities and

necessitate assistance, reinforcement, or rescue. Contractors shall not provide security for

nuclear weapons (in accordance with DoD 5210.41-M (Reference (z))) or other weapons of mass

destruction, e.g., captured chemical, biological, radiological, or high-explosive weapons.

(a) Consistent with section 1038 of Reference (p), no enemy prisoners of war,

civilian internee, retained personnel, other detainee, or any other individual who is in the custody

or under the effective control of the Department of Defense or otherwise under detention in a

DoD facility in connection with hostilities may be interrogated by contractor personnel unless

the following four conditions are met:

consistent with DoD Directive 3115.09 (Reference (aa)).

3. A sufficient number of properly trained and certified DoD military and/or DoD

throughout the interrogation process to ensure that the contract interrogator does not deviate

from the government-approved interrogation plan or otherwise perform any IG function.

4. A video and audio recording is made of the interrogation to the extent required

by section 1080 of Reference (p) and consistent with Reference (aa).

(b) Consistent with section 1038 of Reference (p), in areas where adequate security is

available and is expected to continue, contractor personnel with proper training and security

positions in such interrogations; and,

2. Appropriately qualified and trained military or civilian personnel of the

Department of Defense are available to oversee the contractor’s performance and to ensure that

contractor personnel do not perform activities that are prohibited under this section.

performance and code the manpower “B” if there is a law, IA, HN support agreement, or

However, contractors may assist government personnel with these activities by gathering

information or providing advice, opinions, recommendations, or ideas.

(b) Negotiation (e.g., endangered species negotiations and re-negotiations for Federal

personnel rules for bargaining units). However, contractors may assist government personnel

with these activities by gathering information or providing advice, opinions, and

recommendations.

(c) Certain law enforcement operations. This includes the authority to execute and

serve warrants, make arrests without a warrant, and other duties assigned to special agents of the

Defense Criminal Investigative Service according to section 1585a of Reference (h). It also

includes the preservations of crime scenes. However, properly trained and cleared contractors

may perform special non-law-enforcement security activities that do not directly involve

(f) Conduct of administrative hearings to determine eligibility for security clearances

or eligibility to participate in government programs; addressing actions that affect matters of

personal reputation according to Reference (g); or resolving matters related to government

(g) Approval of Federal license applications (except for vehicles or support

equipment) and inspections according to Reference (g).

for information in accordance with section 552 of Reference (d) (also known and hereafter

referred to as “the Freedom of Information Act (FOIA)”) and administrative appeals of denials of

FOIA requests. However, according to Reference (g), contractors may assist government

human design and human factors engineering features for systems that will be operated or

maintained by DoD civilians. However, contractors may be used to provide direct support to

organic T&E activities under government oversight and according to applicable laws.

discretion in applying government authority and/or in making decisions for the government

consistent with Reference (e), (f), and (g). This includes clandestine intelligence operations. It

also includes direction, control, approval, supervision, and oversight of intelligence

interrogations and detainee debriefings and, consistent with References (e), (f), and (g),

performance of those aspects of intelligence interrogations and detainee debriefings that require

the exercise of substantial discretion in applying government authority and/or in making

decisions for the government. (See subparagraph 2.a.(2) of this enclosure for additional

exemptions.)

c. Support to Agencies Outside the Department of Defense. Manpower shall be designated

civilian and coded “E” if they provide advisory assistance on defense-related matters on behalf

of the Department of Defense while on permanent duty outside the Department of Defense (e.g.,

to Congress, the White House, and other Federal or State agencies). This manpower is

established by formal request and approved following procedures in DoD Directive 1000.17

(Reference (ad)) or some other formal approval process.

defense establishments of other countries as prescribed in section 168 of Reference (h) are coded

“E.”

5. CRITERION F - MILITARY-UNIQUE KNOWLEDGE AND SKILLS

a. Military Advice and Counsel. Manpower shall be designated military and coded “F” if

the incumbents are specifically required by Reference (h) to provide military advice and counsel

to the President, Congress, National Security Council, Secretary of Defense, senior DoD

officials, or Secretaries, Under Secretaries, and Assistant Secretaries of the Army, Navy, and Air

Force. Examples include the Chairman and Vice Chairman of the Joint Chiefs of Staff; Chiefs,

Vice Chiefs, Deputy Chiefs, and Assistant Chiefs of Staff of the Army, Air Force, and Marine

Secretary of Defense for the execution of military missions. These are IG responsibilities

established under Reference (h) that require military judgment based on extensive military

experience and cannot be transferred to DoD civilians or to the private sector. This manpower

shall be designated military and coded “F.”

c. Policy and Procedure. Manpower in infrastructure activities shall be designated military

and coded “F” if the incumbents have the authority to commit the Department of Defense to take

action by direction, order, policy, regulation, contract, authorization, or otherwise; or have

responsibility for activities listed in paragraph 4.a. of this enclosure and the work requires

military-unique knowledge and skills. This includes program directors, managers, directors of

line operations, or principal staff elements, and other military personnel that are delegated these

authorities and whose recent military training and current military experience are required for the

successful performance of the prescribed duties.

d. Military Justice. Manpower in infrastructure activities responsible for military justice on

behalf of the United States shall be designated military and coded “F.” These are IG

responsibilities established by Reference (h) that require military representation and cannot be

transferred to DoD civilians or to the private sector. For instance, responsibility for the

administration of justice under the UCMJ in general and special courts-martial, summary courts-

martial, courts of inquiry, and other legal proceedings is assigned to the Judge Advocates

General, military judges, and judge advocates (staff judge advocates, prosecutors, defense

designated military and coded “F” if the duties are carried out under the UCMJ as prescribed in

Chapter 47 of Reference (h).

for the direction and control of military confinement/correctional facilities shall be designated

military and coded “F” if the facility is established for the confinement of offenders of the UCMJ

as prescribed in section 951 of Reference (h), and the prisoners are under military command.

coded “F” if Defense officials require the incumbent’s military-unique judgment and insight to

make informed decisions and preclude sole reliance on contract advisory assistance. The

incumbents of these positions enable Defense officials to maintain ultimate control and

perform a discretionary role in establishing objectives, setting priorities, assessing alternatives,

judging risks, and deciding the course of action on military-related matters by narrowing the

number of alternatives and recommending the preferred position. They decide the DoD

preferred position based on their military-unique knowledge and experience; technical expertise;

and advice, opinions, recommendations, and ideas provided by sources inside and outside the

Department of Defense. (The required knowledge and experience must be more substantial than

what DoD civilians with prior military experience could provide.) This includes activities

identified and examples listed in paragraph 4.b. and subparagraphs 5.g.(1) through (5) of this

enclosure.

shall be designated military and coded “F” if the work entails judgment based on military-unique

knowledge and experience acquired through recent assignments in the operating forces.

if it meets the following criteria.

(a) Training shall be designated military and coded “F” if the instructor commands

military trainees (as with basic training) or provides training that is specifically designed to

acculturate military personnel on military standards or conventions. In addition, training of

IG functions.

(b) Training that is coded “F” may be imparted formally in a classroom or in a unit.

fleet training centers and schools that provide tactical aviation or field training based on current

operational experience; and Active Component advisors to the United States National Guard and

United States Army Reserves.

(c) Contractors may assist government instructors or provide training on the

mechanics, supply, maintenance, functionality, or operation of military equipment or weapons,

provided the course material is approved by government personnel and proper oversight of the

instruction is maintained.

(a) This includes activities at program development agencies, testing facilities,

aircraft plants, shipyards, or other armament production centers where recent “hands-on”

experience and military judgment are needed to provide an independent and objective evaluation

of operational effectiveness and suitability of acquisition systems that will be operated and

supported by military personnel. (Defense policy requires that during operational test and

evaluation, “typical” military users operate and maintain the test systems under conditions that

realistically simulate combat stress and peacetime environments if military personnel will be

operating and maintaining the systems once they are fielded and/or deployed.)

(b) This does not include positions covered by section 1722 of Reference (h) that are

competed for fill by both DoD civilian and military personnel unless the work requires military-

unique judgment.

treated when captured, transferred, detained, and interrogated during or in the aftermath of

hostilities (as addressed in Reference (y)) falls under the discretionary exercise of government

authority. Responsibility for their handling as well as decisions concerning how they are to be

treated cannot be transferred to the private sector to contractors who are beyond the reach of

government controls. This does not include support functions performed by linguists,

EPWs, CIs, RPs, other detainees, terrorists, or other criminals shall be designated military and

coded “F” if the individuals are detained under the law of war as part of ongoing operations for

their own protection or to remove potential threats from the battle space. However, properly

security activities that do not directly involve criminal investigations according to Reference (g).

detainees, terrorists, and other criminals outside the areas of operation shall be designated

military and coded “F” (consistent with Chapter 47 of Reference (h) and Reference (y)) if the

individuals are detained under the law of war as part of ongoing operations for their own

protection or to remove potential threats from the battle space.

and direction, control, approval, supervision, and oversight of intelligence interrogations and

detainee debriefings and, consistent with References (e), (f), and (g), performance of those

aspects of interrogations and detainee debriefings that require the exercise of substantial

discretion in applying government authority and/or making decisions for the government. (See

subparagraph 2.a.(2) of this enclosure for additional exemptions.)

h. Support to Agencies Outside the Department of Defense. Manpower that provides

advisory assistance to agencies outside the Department of Defense on defense-related matters on

behalf of the Department shall be designated military and coded “F” if the work requires

military-unique knowledge and skills.

Defense established by formal request and approved following procedures in Reference (ad) or

some other formal approval process. Examples include attachés to U.S. embassies and couriers

for the State Department, as prescribed in sections 711-720 of Reference (h).

activities outside the Department of Defense that is incidental to military training, accomplished

through innovative readiness training covered by DoD Directive 1100.20 (Reference (ae)) or

interagency support to a DoD activity by a DoD activity according to DoD Instruction 4000.19

(Reference (af)).

according to section 712 of Reference (h).

manpower is not part of DoD internal management or command structure.

ministries of foreign governments and between units of the Military Services and units of foreign

armed forces to encourage a democratic orientation of defense establishments and military forces

of other countries as prescribed in Reference (h).

Nation and engender group spirit, camaraderie, and a sense of pride.

a. Military Esprit de Corps

(a) Military bands that wear military uniforms and perform during peacetime and war

to promote group spirit and pride.

(b) Honor guards such as the 3rd Infantry Old Guard and Honor Guards, who

perform at funerals and other ceremonies during peacetime and war to promote group spirit, a

sense of pride, and honor.

(c) Navy Blue Angels who demonstrate military expertise to the public.

(d) Superintendents at the U.S. Military Academy, the U.S. Naval Academy, and the

U.S. Air Force Academy, covered by Reference (h), and Reserve Officers’ Training Corps

instructors, who all serve as military role models.

(e) The Army Director of Religious Education who provides religious education and

counseling to soldiers and their family members. (Chaplain assistants in garrison assignments

activities carries special meaning for military personnel, their families, and the public.

Therefore, manpower that promote esprit de corps during peacetime but are dual-tasked for

wartime assignments (such as Thunderbirds, Golden Knights, Army Marksmanship Units, and

Parachute Units that demonstrate military expertise to the public) are coded “D.” Only

manpower that promote military esprit de corps during peacetime and war are coded “G.”

b. Civilian Esprit de Corps

family matters and carries special meaning for military members and their families.

7. CRITERION H - EXEMPTION FOR CONTINUITY OF INFRASTRUCTURE

OPERATIONS. Consistent with Reference (a), manpower authorities shall provide sufficient

manpower for the efficient and effective operation of the Department of Defense. This includes

manpower needed for continuity of operations during peacetime, crisis, or war.

a. Continuity of Operations During National Emergency or War. During a national

emergency or war, when military and DoD civilian personnel dual-tasked for wartime

assignments (code “D”) are reassigned to operating units, their vacant positions might not be

backfilled immediately, or at all, depending on the wartime mission and workload. However,

because high numbers of vacant positions can impair the ability of an activity to function

effectively, activities with critical wartime missions that employ code “D” manpower must retain

sufficient manpower to continue operations until critical vacated positions are filled.

positions cannot be vacated or eliminated during a national emergency or war without seriously

impairing the ability of the activity to function effectively. This manpower serves as a corps

capability during a national emergency or war. For example, the Department requires a corps

capability for training critical skills. Manpower authorities also shall designate these positions as

(code “K”) must have sufficient manpower to continue operations as personnel transfer in and

civilian and coded “H” if it is needed for continuity of operations in CAs where there is high

personnel turnover due to rotation or career development. This manpower serves as a corps

capability during peacetime. Decisions to code manpower “H” shall be made in conjunction

with decisions to code manpower “J” and “K.” Also, decisions on the numbers of civilians

needed for the continuity of direct patient care shall be determined in conjunction with decisions

for shared health care as provided by DoD Instruction 6025.5 (Reference (ag)).

adequately protect the government’s interests, retain control of the function involved, or retain

full personal responsibility for the function supported in a government official or employee.

(See subparagraph 1.b.(2) of Enclosure 5 of this Instruction for examples.) When assessing these

positions, particular attention should be paid to services that are closely associated with IG

functions since they often require the type of continuous supervision or control that is prohibited

under section 37.104 of Reference (g). This includes, but is not limited to, functions listed in

section 7.503(d) of Reference (g). Also, not all personal services are prohibited from being

contracted. This includes personal services for experts and consultants authorized under section

129b of Reference (h) and health care authorized under section 1091 of Reference (h).

Manpower shall be designated civilian and coded “H” if the incumbents provide personal

services that are required for the efficient and effective operation of an activity but are prohibited

from being contracted.

efficiently to constantly changing priorities or peak workloads within IG activities, or to properly

administer or retain control of operations. This includes, but is not limited to, functions listed in

section 7.503(d) of Reference (g). For example, this includes civilian personnel that would be

needed to perform acquisition functions closely associated with IG functions as required by

section 2383(a)(1) of Reference (h). To be coded “H,” the manpower must be needed as a ready

and controlled source of technical or professional expertise (a core capability) to quickly respond

and controlled source of technical competence for emergency operations involving skills and

equipment critical to the Department of Defense. Examples include firefighting and rescue

operations at areas with chemical, biological, nuclear, or other agents that require special

d. Core Logistic Capabilities with Unique Skills. Manpower in logistics functions shall be

designated civilian and coded “H” if they are needed to provide a ready and controlled source of

technical competence necessary for an effective and timely response to a mobilization or other

national emergency involving skills unique to the Department of Defense. Manpower for the

maintenance and repair of Navy nuclear propulsion systems at Navy shipyards is an example.

knowledge and skills. Also, manpower that is needed to augment infrastructure activities during

a mobilization or other national emergency due to increased workload shall be designated

military and coded “I” if the work requires military-unique knowledge and skills.

a. Determining Manpower Requirements. Manpower authorities shall use a formally

approved process for determining mobilization or crisis demands as required by Reference (a)

and centrally manage the coding for this manpower within the DoD Component.

b. Continuity of Operations During Crises. This work is IG and designated military because

it is needed for continuity of operations during a mobilization or other national emergency and

the work requires military-unique knowledge and skills.

9. CRITERION J - EXEMPTION FOR CIVILIAN/MILITARY ROTATION. Consistent with

rotation. This coding shall be centrally managed within the DoD Component by manpower

officials. Decisions to code manpower “J” shall be made in conjunction with decisions to code

manpower “H” and “K.” (See sections 7 and 10 of this enclosure.)

a. Civilian Rotation. Manpower authorities shall designate manpower in CAs in the

infrastructure that perform work that could be considered for private sector performance as

HR authorities to verify the validity of these requirements and ensure the numbers are

determined using a formally approved process.

infrastructure that would not otherwise require military incumbents as military code “J” if it is

needed to provide a rotation base for overseas or sea-to-shore assignments. This shall be done

when the number of manpower coded “A” through “I” is not sufficient to satisfy peacetime

rotation needs. This manpower is designated military and exempted from private sector

performance because it is needed to maintain military tour lengths and personnel turnover at

appropriate levels and, by so doing, keep recruitment, retention, and training costs to a minimum.

This manpower shall be determined by occupational specialty and based on assignment, rotation,

and career development policies and personnel tempo goals governed by DoD Instruction

Consistent with Reference (a), DoD Components shall provide reasonable opportunities for the

development of both military and civilian personnel. This coding shall be centrally managed

within the DoD Component. Decisions to code manpower “K” shall be made in conjunction

with decisions to code manpower “H” and “J.” (See sections 7 and 9 of this enclosure.)

a. Civilian Career Development. Manpower authorities shall designate manpower in CAs in

the infrastructure that perform work that could be considered for private sector performance as

civilian code “K” if it is needed to provide career-broadening opportunities for civilian