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DARS PART 37 -- SERVICE CONTRACTING



PART 37 -- SERVICE CONTRACTING

TABLE OF CONTENTS

SUBPART 37.1 -- SERVICE CONTRACTS--GENERAL

37.102 Policy.

37.102-90 Inventory of Contracts for Services.

37.113 Severance payments to foreign nationals.

37.113-1 Waiver of cost allowability limitations.

237.104 Personal services contracts.

237.170 Approval of Contracts and Task Orders for Services

237.170-2 Approval requirements

37.190 Contract Clause.

PART 37 -- SERVICE CONTRACTING

SUBPART 37.1 -- SERVICE CONTRACTS--GENERAL

37.102 Policy.

37.102-90 Inventory of Contracts for Services.

(a) Contracting officers shall require the contractor manpower reporting requirement for all contracts and orders for services and supplies that include defined requirements for services, provided that the DoD is receiving or benefiting from the contracted services. The reporting requirement does not apply to contracted services where DISA is the contracting activity for a non-DoD mission partner.

(b) Contracting officers shall include DARS clause 52.237-9001 in all contracts and orders for services, including contracts for supplies with defined requirements for services, regardless of dollar value of the contract or order.

(c) The following services are exempt from the reporting requirement:

(1) Utilities

(2) Construction, including repair and maintenance (See FAR Part 36)

(3) Telecommunications services that do not include discrete direct labor hours and direct labor dollars

(d) Contractors are required to report all labor hours, regardless of contract type, via one of the four enterprise-wide Contractor Manpower Reporting Applications (eCMRA) at http://www.ecmra.mil/. There are four separate eCMRA tools: Army, Air Force, Navy and All Other Defense Components. The appropriate eCMRA reporting tool to use is determined by the requiring activity being supported (e.g., if DISA awards a contract for an Air Force requiring activity, the required contract data shall be loaded in the “Department of Air Force CMRA” tool). If a contract or order is funded by more than one requiring activity, the data for the order should be entered into the eCMRA tool associated with the requiring activity who provides the preponderance of the funding.

(e) Information from the eCMRA secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data. Contracting officers can provide contractors with the web site (http://www.ecmra.mil/) to access eCMRA user manuals and gain an understanding of the data fields that will be included in the reporting structure .

(f) Contractors and subcontractors are required to input all direct labor data into the appropriate eCMRA tool no later than 31 October for the period of performance of the preceding fiscal year.

(g) CORs are responsible for ensuring contractors create the initial contract record in the applicable eCMRA tool within 15 working days after contract award and validate that the information is complete and accurate. CORs are also responsible for working with the contracting officer to enter the data required by the National Defense Authorization Act (NDAA) of 2008 on the “Contract Details” page of the eCMRA tool, entering the fund cite data, and accomplishing the reviews set forth in the COR/COTR User Guide available at http://www.ecmra.mil/.

(h) Technical questions regarding the eCMRA tools should be directed to the eCMRA help desk at dodcmra@pentagon.af.mil.

237.104 Personal services contracts.

(b)(i) The approval authority for a personal service contracts for expert and consultant services determination and findings (D&F) is the HCA. Review and opinion of General Counsel, COCO and HCO review are all required prior to HCA review and approval.

237.170 Approval of Contracts and Task Orders for Services

237.170-2 Approval requirements

(a) Acquisition of services through a contract or task order that is not performance based.

(1) For acquisitions at or below $50 million, obtain the review and approval of the Chief of

Contracting Office (COCO).

(2) For acquisitions over $50 million up to $93 million, obtain the review and approval of the Head of the Contracting Office (HCO).

(3) For acquisitions exceeding $93 million, obtain the review and approval of the Senior Procurement Executive.

(S-90) For each acquisition that is non-performance based, the contracting officer shall prepare a Determination and Finding (D&F) for approval in accordance with paragraph 237.170-2 (a). The Determination and Finding (D&F) must be approved prior to release of a solicitation for a service acquisition that is not performance based.

(S-91) The review and approval thresholds are based upon the total estimated cost of the acquisition.

(S-92) Technical and requirements personnel are responsible for providing accurate and complete data to the contracting officer to support their recommendation for other than a performance based acquisition.

37.190 Contract Clause.

(a) Insert the clause at 52.237-9000, Key Personnel, when contract performance requires identification of contractor key personnel.

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