service is justified by reason of statute, public health, or safety. Reimbursement by the organization or individual concerned will be at a rate computed to cover full costs to the U.S. Government, including military personnel costs and/or depreciation allowances for capital investments, in accordance with DOD Directive 7410.4, "Regulations Governing Industrial Fund Operations." January 2, 1970, but shall not be lower than comparable commercial rates.

(2) Requests for such DoD transportation will be submitted to the Secretary of Defense or the Secretaries of the Army, Navy, or Air Force, and must include a certification as to the need therefor and the nonavailability of commercial transportation. When the danger to public health or safety is of such imminent seriousness as to preclude obtaining such approval, the appropriate commander will take such action as the circumstances require, with notification to the appropriate Secretary; however, the transportation will be furnished with the understanding that the DoD will be reimbursed unless reimbursement is subsequently waived by the Assistant Secretary of Defense (Comptroller).

Principles for Interservice and Interdepartmental Logistic Support," and Parts 168 and 169 of this subchapter, and further delineates Military Department responsibilities for assuring the accomplishment of such materiel maintenance by either contracting or interservicing arrangements.

§ 179.2 Applicability and scope.

(a) The provisions of this part apply to the Military Departments, and to those Defense Agencies having responsibilities for the maintenance of materiel.

(b) This part does not conflict with nor alter DoD Directives 3232.1, 4000.19 and Parts 168 and 169 of this subchapter. § 179.3 Definitions.

That

(a) Contract maintenance. maintenance (i.e., modification, modernization, rebuild, overhaul, repair or servicing of materiel) performed under contract by commercial organizations (including original manufacturers) on a one-time or continuing basis and utilizing contractor personnel.

(b) Organic maintenance. That maintenance performed by a Military Department utilizing (governmentowned or controlled facilities, tools, test equipment, spares, repair parts) milltary or government civilian personnel.

(c) Materiel. Materiel consists of all tangible items (including ships, tanks, self-propelled weapons, aircraft, etc., and related spares, repair parts and support equipment; but, excluding real property, installations, and utilities) necessary to equip, operate, maintain, and support military activities without distinction as to its application for administrative or combat purposes.

(d) Mission-essential materiel. That materiel, authorized and assigned to approved combat and combat support forces which would be immediately employed to (1) destroy the enemy or his capacity to continue war, (2) provide battlefield protection of personnel, (3) communicate under war conditions, (4) detect, locate, or maintain surveillance over the enemy, (5) permit contiguous combat transportation and support of men and materiel, and (6) equipment assigned to training missions that is of the same type and configuration as that assigned to combat and combat support forces which is designated to be immediately employed for purposes enumerated above.

(e) Interservice maintenance support Maintenance performed by the organic

capability of one military service or element thereof in support of another military service or element thereof. Such action can be recurring or nonrecurring in character. (See DOD Directive

4000.19).1

(f) Direct maintenance support. Refers to that maintenance performed to materiel while it remains under the custody of the using military command. Upon restoration of serviceable condition, the materiel normally is returned directly to service.

(g) Indirect maintenance support. Refers to that maintenance performed to materiel after its withdrawal from the custody of the using military command. Upon restoration to servicable condition, the materiel is returned to stock for reissue, or returned directly to the user under conditions authorized by the Military Department concerned.

(h) Maintenance capability. Consists of those resources, namely: Facilities, tools, test equipment, drawings, technical publications, trained maintenance personnel, engineering support, and an assured availability of spare parts, required to modify, retain materiel in, or restore materiel to, serviceable condition.

(1) Maintenance capacity. Is the quantitative expression of maintenance capability in the amount of direct labor man-hours that can be applied on a 40hour week (one shift-5 days).

(j) Depot maintenance support assignment. The DoD component designated by the Secretary of Defense to provide depot maintenance support to all users of specified multiservice equipment.

(k) Weapon system. An instrument of combat either offensive or defensive used to destroy, injure, defeat, or threaten the enemy. It consists of the total entity that is an instrument of combat that incorporates in itself a complex assembly of functional parts, e.g., F-104 aircraft, FBM submarines, M-60 tank, Hawk missile.

(1) Major end items. A major piece of equipment, including support equipment, used to aid, assist or complement a weapon system.

(m) Analytical overhaul. The complete disassembly, inspection, engineering evaluation, repair, assembly, and test of military materiel either in or entering the inventory for the purpose of refining requirements for spares and repair parts, maintenance technical criteria, tooling, 1 See footnote on p. 383.

test equipment and technical data and/or determining the need for product improvement.

§ 179.4 Policy.

(a) Maintenance support of military equipment is vital to the sustained application of military power. It is necessary, therefore, that the Military Departments provide an adequate program for maintenance of assigned equipment to effectively and efficiently meet sustained readiness in accordance with responsibility for military missions.

(b) Guidance with respect to the use of government or contract sources to meet defense maintenance needs is provided below. It is intended that:

(1) Combat and combat support activities of the Military Departments will be self-sufficient insofar as possible in providing direct (intermediate-organizational) maintenance support for assigned weapons systems and equipment. The use of contractual services for such support will generally be limited to short term tasks to overcome specific deficiencies.

(2) The evaluation and determination of the source of direct support of other than combat and combat support activities will be based on (i) the need to maintain a training/rotational base for military technical personnel; (ii) the security implications involved, and (iii) cost/effectiveness considerations.

(3) Indirect (depot) maintenance support of military weapons and equipment will be planned and accomplished by the combined use of contractual sources and organic military capability, in order to establish and sustain a flexible maintenance production base capable of expansion to accommodate emergency military needs within a limited time frame (DoD Directive 4005.1, "DoD Industrial Mobilization Production Planning Program-Limited War").

(4) Normally each Military Department and Defense Agency will provide for the support of DoD mission-essential equipment. Interservice support arrangements (see DoD Directive 4000.191) will be established and executed wherever such actions will prove more beneficial to the DoD in terms of effectiveness of support or economy of operations.

(5) The extent of facility capability and capacity within the Military Departments for depot support of missionessential equipment will be kept to the minimum required to insure a ready and

controlled source of technical competence and resources necessary to meet military contingencies. Generally, organic depot maintenance capacity will be planned to accomplish no more than 70 percent of the gross mission-essential depot maintenance workload requirements with a facility capacity loading at a minimum rate of 85 percent, on a 40hour week, one-shift basis. The Services will attempt in the implementation of this part to utilize the DoD-wide industrial organization in a manner that will insure the most advantageous and economic benefits to the DoD.

(6) A Joint Support Plan will be developed in all cases where the same weapon is being procured for use by two or more military services. Joint Support Plans may also be selectively required for jointly used major end items and components when such plans are in the best overall interest of the DoD. The Support Plan will include an assessment of existing depot maintenance capabilities of the Military Departments involved and will indicate (i) the basic considerations; (ii) how the depot maintenance proposed assignments make maximum use of existing DoD capabilities and reduces to a minimum new investment in additional resources and (iii) the planned distribution of depot maintenance workloads between organic and commercial sources over the weapon or equipment's planned life (see DoD Directives 5126.22 (26 F.R. 1922) and 4100.35, "Development of Integrated Logistic Support for Systems and Equipment" 1). These plans will be submitted to the ASD (I&L) for approval.

(7) Workloads which are not directly related to mission-essential systems and equipments on approved listings and which are to be performed by organic depot maintenance facilities will be submitted and justified annually under the criteria for a new start set forth in Part 169a of this subchapter.

permit effective performance of the Military Mission, or

(2) To provide necessary experience and information on the military requirements, design specifications, performance evaluations, and the review and control of costs, or

(3) To develop the technical competency necessary to conduct analytical evaluations of maintenance criteria, specification and performance data that are necessary to assure improved performance of military equipment.

(b) Within the policy statements in § 179.4:

(1) Contract maintenance has its principal applications in the following areas (see also Part 170 of this subchapter).

(i) For accomplishment of indirect maintenance requirements which exceed the military capacity retained to support mission-essential materiel, and such requirements can be accomplished at reasonable cost (considering the allowable costs set forth in Part 15 of this chapter) and when compared with the actual costs experienced by existing organic maintenance activities.

(ii) For accomplishment of direct and indirect maintenance requirements in support of nontactical elements when the military control and performance of such work is not required for (a) military effectiveness, (b) personnel training, or (c) rotation and career development of manpower.

(iii) For direct maintenance support of materiel of a temporary nature pending the attainment of an organic capability or to accommodate peak workloads of a transitory nature.

(iv) When required for an interim period to attain an earlier operational status for new military materiel.

(v) For accomplishment of analytical overhaul or modification of new military materiel entering the inventory (see DoD Instruction 7041.3 1).

(vi) When the extent or complexity of modification or modernization work to be accomplished requires the inherent technical qualifications of the original manufacturer.

(vii) When the contract lead times and processing of equipment through contractors would not result in overall increased costs for procurement of spares to fill an enlarged logistic pipeline.

(viii) When administrative cost of contracting for small lots would be appropriate to the requirement.

(2) Interservice maintenance has its principal applications in the following

areas:

(1) Where capability and capacity exists or can be made available through redistribution of DoD workloads.

(ii) Where two or more services use the same item and the workload of one service for the item is of small magnitude in comparison to the quantity being repaired by the other service.

(iii) When it provides for a reduction in equipment out-of-service time; will result in a reduction of logistic pipeline inventories; and/or provides the potential for reducing investment and operating support costs.

§ 179.6 Responsibilities.

(a) Each Military Department and Defense Agency shall:

(1) Determine and designate those systems and equipments in their operating programs which are mission-essential materiel, including the extent of depot level maintenance capacity and capability that should be developed and/or retained within the DoD for its support, and publish lists of these mission-essential systems and equipment covering the current year and 4 out years.

(2) Develop and present the annual depot maintenance program as a part of the normal budget cycle. The program will reflect the total military department or defense agency requirements for accomplishment by organic, contract or interservice sources as appropriate (see DoD Instruction 7110.11).

(3) Assure that efficient utilization is being realized from that organic capability retained for the depot maintenance support of mission-essential materiel.

(4) Maintain the technical competency necessary to assure effective and

efficient management of the total depot maintenance workload program.

(5) Determine, in coordination with other departments and agencies, as appropriate, those workloads which can be most effectively and economically accomplished by defense organic or commercial industry sources.

(6) Foster the establishment and retention of a competitive commercial depot maintenance industrial base.

(7) Assure that the same degree of management emphasis and attention is given to workloads accomplished by contract sources as that given to workloads performed by organic sources (see Part 170 of this subchapter).

(8) Request deviation from the provisions of this part in those cases where there are peculiar circumstances or there are other overriding factors to be considered.

(b) The ASD(I&L) shall be responsible for:

(1) Annual reviews of departmental depot maintenance programs concurrent with the OSD/BOB' budget reviews of departmental programs. Conduct reviews at least annually of mission-essential weapons and equipment end item lists for which a depot maintenance capability has been established or will be required. Take actions necessary to insure the effective implementation of the policies set forth in and intent of this part.

(2) Review of DoD depot maintenance capabilities and capacities. Assess alternative plans for depot maintenance support. Review and approve proposed plans for depot maintenance support of multiservice use weapons and selected end items (see also DoD Directive 5126.22 (26 F.R. 1922)).

(3) Providing final determination on all requests for deviation from the provisions of this part.

This part establishes Department of Defense policies, assigns responsibilities, and sets forth general guidance as to the requirement for military support of the national civil defense program and the basis for providing military support of civil defense under a national emergency involving a nuclear attack, or a condition which might precede a nuclear attack on the United States.

§ 185.2 Applicability.

This part is applicable to all components of the Department of Defense having cognizance over military resources which may be employed in accordance with the policies and responsibilities set forth herein in support of civil defense in the 50 states, the District of Columbia and the territories and possessions of the United States.

(a) The national civil defense program is an integral part of the national security posture and is an essential element of our deterrent posture. Effective civil defense programs contribute to the total military capability of U.S. forces. Effective survival/civil defense programs at military installations will provide visible evidence to the public that these programs are essential to national security. It is essential, therefore, that military and civil planning for civil defense be closely coordinated to insure mutually supporting actions to achieve common objectives.

(b) In the event of a nuclear attack on the United States the degree of military involvement in support of the civil defense mission during the attack and in the immediate postattack phase will depend upon the extent of damage suffered and the active military operations in progress or required. The preattack and postattack military roles in support of civil defense are based on the spectrum of contingencies which could result from an enemy attack on this nation, including a nuclear attack, with minimum warning and under conditions favorable to the attacker.

(c) Military forces will have a priority commitment, initially, to the mounting of offensive and defensive actions and to assist civil authorities in the assessing and reporting of damage and danger

areas in the continental limits of the United States. It is possible that damage will be so extensive as to require evaluation as to the priorities to be assigned to the needs of civil support as opposed to military requirements for certain planned combat and combat support operations.

§ 185.4 General policies.

(a) The DOD recognizes the essential interdependence of the civil and military defense efforts of our nation in achieving the total posture of national security. Military support to civil authorities in civil defense operations is an emergency task within the mission of all federal active duty and reserve units of the military services and Defense Agencies.

(b) The Military Services and Defense Agencies will provide feasible support to local or state authorities during a warcreated emergency consistent with the policies established below:

(1) Planning for military support of civil defense will be directed toward the most disastrous contingency described in § 220.3(b), to include planning for attacks under both minimum warning and, when directed, for emergency preparations in crisis situations.

(2) Measures to insure continuity of operations, troop survival and rehabilitation of essential military bases will take precedence over military support of civil defense.

(3) Military assistance will complement and not be a substitute for civil participation in civil defense operations. Military plans and plans developed by civil authority must recognize that civil resources will be the first resources used to support civil requirements with military resources being used only when essential to supplement the civil resources.

(4) All military forces (active and reserve), other than those deployed outside the 50 States and those in the District of Columbia and the territories and possessions of the United States, will be considered potentially available to provide temporary emergency support to civil authorities during certain stages of civil defense operations. The availability of forces to provide this support will vary according to the military requirement for the conduct of essential combat, combat support or self survival operations. Within the 48 contiguous States, each military department will provide the