Council of Defense and Space Industries Associations

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History

The Council of Defense and Space Industries Associations was formed in 1964 by "industry associations with common interests in the defense and space fields" and is currently comprised of six associations representing over 4,000 member firms. [1]

"CODSIA does not lobby on its own or its members' behalf; it is designed, instead, to be a coordinating mechanism for firms represented by its members that deal routinely with federal government procurement regulations and procedures. CODSIA is governed by a policy committee, which determines the general positions of the organization, and an operating council, which deals with routine issues. In short, it is intended to provide a connection between business and government in the complex matter of procurement and acquisition, and it is explicitly limited to that purpose." (Procassini, pg. 148)

Membership

Their membership page lists seven associations:

Defense Federal Acquisition Regulations and Human Trafficking

Some of the issues CODSIA gets involved in regard contract procurement procedures and regulations which may apply to contractors fulfilling commitments to the US government.

Most recently, CODSIA has responded to a June 21 proposal by the Defense Acquisition Regulations Council to amend the regulations by implementing policy "prohibiting DoD contractor employees from engaging in activities that support or promote trafficking in persons."

Not every association in CODSIA must go along with every CODSIA position. Therefore, five of CODSIA seven have been lobbying the Defense Department on key provisions of the new regulations. These five are CSA, PSC, NDIA, ASA and EIA.

A Chicago Tribune article by Cam Simpson, December 27, 2005, reports the passage of provisions in the DFAR have been stalled.

The lobbying groups opposing the plan say they're in favor of the idea in principle, but said they believe that implementing key portions of it overseas is unrealistic. They represent thousands of firms, including some of the industry's biggest names, such as DynCorp International and Halliburton subsidiary KBR, both of which have been linked to trafficking-related concerns.

As well, Simpson states there are many who feel the provisions do not do enough:

Lining up on the opposite side of the defense industry are some human-trafficking experts who say significant aspects of the Pentagon's proposed policy might actually do more harm than good unless they're changed. These experts have told the Pentagon that the policy would merely formalize practices that have allowed contractors working overseas to escape punishment for involvement in trafficking, the records show.

The CODSIA listed their concerns with the proposal in an August 22, 2005 letter to the DAR Council (link to pdf):

(1) the clarity of the requirements;
(2) ensuring flexibility for the government and the contractor in dealing with the wide range of operational situations that DoD and contractors may face, and
(3) developing an appropriate and meaningful approach for contractors for combating trafficking in persons.

Scope of Coverage

The regulations before the proposal retained restrictive provisions regarding trafficking in humans in overseas services contracts. The new proposal would not limit these provisions to just the service contracts.

CODSIA would like to know who else exactly this would effect and have questioned "whether this policy can be applied to contracts (and particularly subcontracts) performed overseas by non-U.S. contractors and vendors." And they "strongly encourage the department to assess the appropriateness of extending such requirement to non-U.S. contractors and subcontractors and the implication for compliance if those subcontractors and vendors refuse to accept or honor any such requirement. (pg. 2)

Section 212.301

This section would be amended by the new provision to require the use of the Combating Trafficking in Persons Clause in all contracts overseas in regards to the solicitation and acquisition of commercial items and goods necessary for completing the responsibilities defined in a contract.

CODSIA is requesting the agency tailor the clause in this regard to include only: (1) the U.S. government’s prohibition on any activities on the part of the contractor’s employees that support or promote trafficking in persons, (2) the definitions and policy statements provided for in the proposed 252.225-70xx (a), (b), and (c), and (3) an additional provision that recommends that commerical item contractors establish policy and training procedures appropriate to their organization relating to the prohibition of any activities on the part of the contractor’s employees that support or promote trafficking in persons. (pg. 3)

Section 225.7404-1

CODSIA has requested the language in this section be clarified from requiring contractors to develop procedures to "combat trafficking in persons" to "prohibit any activities on the part of contractor employees that support or promote trafficking in persons.” (pg. 3)

Section 252.225-70xx

This section has eleven paragraphs of which, (a)(b)(c)(i), CODSIA supports.

Paragraph (d) requires the contractor to obtain copies of all policies, laws, regulations, and directives referred to in paragraph (f), and to aid their personnel in understanding said laws, policies, regulaitons and directives of the region they are in in regards to trafficking in persons.

CODSIA has requested these provisions be dropped because they are concerned contractors could not possibly be able obtain every copy of all said documents, and it would be a further challenge to remain current and versed in the laws of foreign lands. CODSIA feels that these papers would be irrelevant in light of adopting their own zero-tolerance rule. (pg. 4)

CODSIA's response to paragraph (e) is essentially the same as section 225.7404

Paragraph (f) requires contractors to train all employees in the laws and regulations regarding trafficking in persons. CODSIA is requesting the Council to allow training to be tailored to the size and nature of the overseas operation.

Additionally, in subparagraph (f)(3), is a provision which requires contractor training relating to the jurisdiction of MEJA. CODSIA recognizes the jurisdiciton established by the MEJA legislation, but does not feel there is any real advantage to including this as a requirement for training. (pg. 5)

Paragraph (g) requires any contractor with any information from any source that alleges a contactor or subcontractor has engaged in misconduct to inform the contracting officer.

CODSIA is "very concerned about the appropriateness and potential liabilities of imposing" such an obligation on an employee. CODSIA would like to see changed from "any information" to "sufficient information". (pg. 5)

Paragraph (h) requires the contractor to take appropriate action against any employee who "engages in sex trafficking or any other activity that may support trafficking in persons , or who otherwise violate a policy, law, regulation or directive described in paragraph (f).” CODSIA has requested the cross-reference to paragraph (f) be deleted. (pg. 6)

CODSIA is requesting modifications to paragraph (j) and certain whistleblower provisions.

Paragraph (k) requires a flow down of this clause to all subcontracts. CODSIA has requested this be modified to "The contractor agrees to include the substance of this clause, appropriately modified to reflect the relationship of the parties, in all first tier subcontracts exceeding the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation, except those for commercial items or components.” (pg. 7)

Board

The chief operating representative of CODSIA is the Executive Secretary and this post is held for two years.

Assisting is the Administrative Officer. [9]

The governing body of CODSIA is the Policy Committee which prescribes the overall policy of the council. The operation of the council is handled by the Operating Committee. Both committees are made up of representatives of each association. [10]

Contact

Council of Defense and Space Industries Associations
1000 Wilson Boulevard, Suite 1800.
Arlington, VA 22209.
phone: (703) 243-2020
fax: (703) 243-8539
www.codsia.org.

External links

Sources

1. Procassini, Andrew A., Competitors in Alliance: Industry Associations, Global Rivalries, and Business-Government Relations, Quorum Books, Westport, CT., 1995. ISBN 0195072480