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DFARS 237



Part 237—Service Contracting

TABLE OF CONTENTS

(Revised December 11, 2014)

SUBPART 237.1--SERVICE CONTRACTS--GENERAL

237.101 Definitions.

237.102 Policy.

237.102-70 Prohibition on contracting for firefighting or security-guard functions.

237.102-71 Limitation on service contracts for military flight simulators.

237.102-72 Contracts for management services.

237.102-73 Prohibition on contracts for services of senior mentors.

237.102-74 Taxonomy for the acquisition of services, and supplies and equipment.

237.102-75 Guidebook for the acquisition of services.

237.102-76 Review criteria for the acquisition of services.

237.102-77 Automated requirements roadmap tool.

237.102-78 Market research report guide for improving the tradecraft in services acquisition.

237.102-79 Private sector notification requirements in support of in-sourcing actions.

237.104 Personal services contracts.

237.106 Funding and term of service contracts.

237.109 Services of quasi-military armed forces.

237.170 Approval of contracts and task orders for services.

237.170-1 Scope.

237.170-2 Approval requirements.

237.171 Training for contractor personnel interacting with detainees.

237.171-1 Scope.

237.171-2 Definition.

237.171-3 Policy.

237.171-4 Contract clause.

237.172 Service contracts surveillance.

237.173 Prohibition on interrogation of detainees by contractor personnel.

237.173-1 Scope.

237.173-2 Definitions.

237.173-3 Policy.

237.173-4 Waiver.

237.173-5 Contract clause.

237.174 Disclosure of information to litigation support contractors.

237.175 Training that uses live vertebrate animals.

SUBPART 237.2--ADVISORY AND ASSISTANCE SERVICES

237.270 Acquisition of audit services.

SUBPART 237.5--MANAGEMENT OVERSIGHT OF SERVICE CONTRACTS

237.503 Agency-head responsibilities.

SUBPART 237.70--MORTUARY SERVICES

237.7000 Scope.

237.7001 Method of acquisition.

237.7002 Area of performance and distribution of contracts.

237.7003 Solicitation provisions and contract clauses.

SUBPART 237.71--LAUNDRY AND DRY CLEANING SERVICES

237.7100 Scope.

237.7101 Solicitation provisions and contract clauses.

SUBPART 237.72--EDUCATIONAL SERVICE AGREEMENTS

237.7200 Scope.

237.7201 Educational service agreement.

237.7202 Limitations.

237.7203 Duration.

237.7204 Format and clauses for educational service agreements.

SUBPART 237.73--SERVICES OF STUDENTS AT RESEARCH AND
DEVELOPMENT LABORATORIES

237.7300 Scope.

237.7301 Definitions.

237.7302 General.

237.7303 Contract clauses.

SUBPART 237.74--SERVICES AT INSTALLATIONS BEING CLOSED

237.7400 Scope.

237.7401 Policy.

237.7402 Contract clause.

SUBPART 237.75—ACQUISITION AND MANAGEMENT OF INDUSTRIAL

237.7501 Definition.

237.7502 Policy.

SUBPART 237.76—CONTINUATION OF ESSENTIAL CONTRACTOR

237.7600 Scope.

237.7601 Definition.

237.7602 Policy.

237.7603 Contract clauses.

SUBPART 237.1--SERVICE CONTRACTS--GENERAL

(Revised October 30, 2015)

237.101 Definitions.

As used in this subpart—

September 10, 2001, than after such date, the increment of the performance of security-guard functions at the installation or facility that exceeds such lesser scope of requirements or extent of performance.

237.102 Policy.

237.102-70 Prohibition on contracting for firefighting or security-guard functions.

237.102-71 Limitation on service contracts for military flight simulators.

237.102-72 Contracts for management services.

In accordance with Section 802 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), DoD may award a contract for the acquisition of services the primary purpose of which is to perform acquisition support functions with respect to the development or production of a major system, only if—

237.102-73 Prohibition on contracts for services of senior mentors.

DoD is prohibited from entering into contracts for the services of senior mentors. See PGI 237.102-73 for references to DoD policy and implementation guidance.

237.102-74 Taxonomy for the acquisition of services, and supplies and equipment.

See PGI 237.102-74 for further guidance on the taxonomy for the acquisition of services and the acquisition of supplies and equipment.

237.102-75 Guidebook for the acquisition of services.

See PGI 237.102-75 for the “Guidebook for the Acquisition of Services.”

237.102-76 Review criteria for the acquisition of services.

See PGI 237.102-76 for tenets and review criteria to be used when conducting preaward and postaward reviews for the acquisition of services.

237.102-77 Automated requirements roadmap tool.

See PGI 237.102-77 for guidance on using the Automated Requirements Roadmap Tool to develop and organize performance requirements into draft versions of the performance work statement, the quality assurance surveillance plan, and the performance requirements summary.

237.102-78 Market research report guide for improving the tradecraft in services acquisition.

See PGI 210.070 for guidance on use of the market research report guide to conduct and document market research for service acquisitions.

237.102-79 Private sector notification requirements in support of in-sourcing actions.

In accordance with 10 U.S.C. 2463, contracting officers shall provide written notification to affected incumbent contractors of Government in-sourcing determinations. Notification shall be provided within 20 business days of the contracting officer's receipt of a decision from the cognizant component in-sourcing program official. The notification will summarize the requiring official's final determination as to why the service is being in-sourced and shall be coordinated with the component's in-sourcing program official. No formal hiring or contract-related actions may be initiated prior to such notification, except for preliminary internal actions associated with hiring or contract modification. See the OASD (RFM) memorandum entitled “Private Sector Notification Requirements in Support of In-sourcing Actions,” dated January 29, 2013, for further information, which is available at PGI 237.102-79.

237.104 Personal services contracts.

237.106 Funding and term of service contracts.

237.109 Services of quasi-military armed forces.

See 237.102-70 for prohibition on contracting for firefighting or security-guard functions.

237.170 Approval of contracts and task orders for services.

237.170-1 Scope.

This section—

237.170-2 Approval requirements.

official designated by the department or agency.

procurement executive.

established in accordance with subpart 217.7 when acquiring services through use

of a contract or task order issued by a non-DoD agency.

237.171 Training for contractor personnel interacting with detainees.

237.171-1 Scope.

This section prescribes policies to prevent the abuse of detainees, as required by Section 1092 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375).

237.171-2 Definition.

“Combatant commander,” “detainee,” and “personnel interacting with detainees,” as used in this section, are defined in the clause at 252.237-7019, Training for Contractor Personnel Interacting with Detainees.

237.171-3 Policy.

237.171-4 Contract clause.

Use the clause at 252.237-7019, Training for Contractor Personnel Interacting with

Detainees, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that are for the acquisition of services if—

237.172 Service contracts surveillance.

Ensure that quality assurance surveillance plans are prepared in conjunction with the preparation of the statement of work or statement of objectives for solicitations and contracts for services. These plans should be tailored to address the performance risks inherent in the specific contract type and the work effort

addressed by the contract. (See FAR subpart 46.4.) Retain quality assurance surveillance plans in the contract file. See http://sam.dau.mil, Step Four –

Requirements Definition, for examples of quality assurance surveillance plans.

237.173 Prohibition on interrogation of detainees by contractor personnel.

237.173-1 Scope.

This section prescribes policies that prohibit interrogation of detainees by contractor personnel, as required by section 1038 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84).

237.173-2 Definitions. As used in this subpart–

“Detainee” means any person captured, detained, held, or otherwise under the effective control of DoD personnel (military or civilian) in connection with hostilities. This includes, but is not limited to, enemy prisoners of war, civilian internees, and retained personnel. This does not include DoD personnel or DoD contractor personnel being held for law enforcement purposes.

“Interrogation of detainees” means a systematic process of formally and officially questioning a detainee for the purpose of obtaining reliable information to satisfy foreign intelligence collection requirements.

237.173-3 Policy.

(a) No detainee may be interrogated by contractor personnel.

(b) Contractor personnel with proper training and security clearances may be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions, including as trainers of and advisors to interrogators, in interrogations of detainees if—

237.173-4 Waiver.

The Secretary of Defense may waive the prohibition in 237.173-3(a) for a period of 60 days, if the Secretary determines such a waiver is vital to the national security interests of the United States. The Secretary may renew a waiver issued pursuant to this paragraph for an additional 30-day period, if the Secretary determines that such a renewal is vital to the national security interests of the United States. Not later than five days after issuance of the waiver, the Secretary shall submit written notification to Congress. See specific waiver procedures at DoDI 1100.22.

237.173-5 Contract clause.

Insert the clause at 252.237-7010, Prohibition on Interrogation of Detainees by

Contractor Personnel, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that are for the provision of services.

237.174 Disclosure of information to litigation support contractors.

See 204.74 for disclosure of information to litigation support contractors.

237.175 Training that uses live vertebrate animals.

Use the clause at 252.235-7002, Animal Welfare, as prescribed in 235.072(a), when contracting for training that will use live vertebrate animals.

SUBPART 237.2--ADVISORY AND ASSISTANCE SERVICES

(Revised September 30, 2005)

237.270 Acquisition of audit services.

SUBPART 237.5--MANAGEMENT OVERSIGHT OF SERVICE CONTRACTS

(Revised May 5, 2011)

237.503 Agency-head responsibilities.

SUBPART 237.6--(Removed)

(June 25, 2004)

SUBPART 237.70--MORTUARY SERVICES

(Revised November 5, 2014)

237.7000 Scope.

This subpart—

237.7001 Method of acquisition.

237.7002 Area of performance and distribution of contracts.

Follow the procedures at PGI 237.7002 for—

237.7003 Solicitation provisions and contract clauses.

SUBPART 237.71--LAUNDRY AND DRY CLEANING SERVICES

(Revised November 5, 2014)

237.7100 Scope.

This subpart—

237.7101 Solicitation provisions and contract clauses.

SUBPART 237.72--EDUCATIONAL SERVICE AGREEMENTS

(Revised August 25, 2009)

237.7200 Scope.

237.7201 Educational service agreement.

237.7202 Limitations.

237.7203 Duration.

237.7204 Format and clauses for educational service agreements.

Educational service agreements under this subpart shall be in the following format. Add to the schedule any other provisions necessary to describe the requirements, if they are consistent with the following provisions and the policy of acquiring educational services in the form of standard course offerings at the prevailing rates of the institution.

EDUCATIONAL SERVICE AGREEMENT

Agreement No. ______________

SCHEDULE PROVISIONS

GENERAL PROVISIONS

Use the following clauses in educational service agreements:

CONFLICTS BETWEEN AGREEMENT AND CATALOG

    If there is any inconsistency between this agreement and any catalog or other document incorporated in this agreement by reference or any of the Contractor's rules and regulations, the provisions of this agreement shall govern.

 

ASSIGNMENT OF CLAIMS

 

No claim under this agreement shall be assigned.

SIGNATURE PAGE

 

Agreement No. _____________________

Date _________________________

 

THE UNITED STATES OF AMERICA

 

BY: _____________________________

 

(Contracting Officer)

 

Activity __________________________

Location _________________________

 

(NAME OF CONTRACTOR)

BY: __________________________

(Title) ________________________

SUBPART 237.73--SERVICES OF STUDENTS AT RESEARCH AND DEVELOPMENT LABORATORIES

(Revised June 21, 2005)

237.7300 Scope.

This subpart prescribes procedures for acquisition of temporary or intermittent services of students at institutions of higher learning for the purpose of providing technical support at defense research and development laboratories (10 U.S.C. 2360).

237.7301 Definitions.

As used in this subpart—

237.7302 General.

Generally, agencies will acquire services of students at institutions of higher learning by contract between a nonprofit organization employing the student and the Government. When it is in the best interest of the Government, contracts may be made directly with students. These services are not subject to the requirements of FAR Part 19, FAR 13.003(b)(1), or DFARS Part 219. Award authority for these contracts is 10 U.S.C. 2304(a)(1) and 10 U.S.C. 2360.

237.7303 Contract clauses.

Contracts made directly with students are nonpersonal service contracts but shall include the clauses at FAR 52.232-3, Payments Under Personal Services Contracts, and FAR 52.249-12, Termination (Personal Services).

SUBPART 237.74--SERVICES AT INSTALLATIONS BEING CLOSED

237.7400 Scope.

This subpart prescribes procedures for contracting, through use of other than full and open competition, with local governments for police, fire protection, airfield operation, or other community services at military installations to be closed under the Defense Authorization Amendments and Base Closure and Realignment Act (Pub. L. 100-526), as amended, and the Defense Base Closure and Realignment Act of 1990 (Pub. L. 101-510), as amended.

237.7401 Policy.

The authority in 206.302-5(b)(ii) to contract with local governments—

237.7402 Contract clause.

Use the clause at 252.237-7022, Services at Installations Being Closed, in solicitations and contracts based upon the authority of this subpart.

SUBPART 237.75—ACQUISITION AND MANAGEMENT OF INDUSTRIAL RESOURCES

(Added July 29, 2009)

237.7501 Definition.

“Facilities project,” as used in this subpart, means a Government project to provide, modernize, or replace real property for use by a contractor in performing a Government contract or subcontract.

237.7502 Policy.

SUBPART 237.76—CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES

(Revised November 24, 2010)

237.7600 Scope.

237.7602 Policy.

services shall be prepared to continue providing such services, in accordance with

the terms and conditions of their contracts, during periods of crisis. As a general

rule, the designation of services as essential contractor services will not apply to an entire contract but will apply only to those service functions that have been specifically identified as essential contractor services by the functional commander

or civilian equivalent.

services shall provide a written plan to be incorporated in the contract to ensure the continuation of these services in crisis situations. Contracting officers shall

consult with a functional manager to assess the sufficiency of the contractor-provided written plan. Contractors will activate such plans only during periods of

crisis, as authorized by the contracting officer, who does so at the direction of the appropriate functional commander or civilian equivalent.

237.7603 Solicitation provision and contract clause.

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