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DARS PART 37 -- SERVICE CONTRACTING



PART 37 -- SERVICE CONTRACTING

(REVISED JULY 2007, DISA AC 03-17)

TABLE OF CONTENTS

SUBPART 37.1 -- SERVICE CONTRACTS--GENERAL

37.113 Severance Payments to Foreign Nationals

37.113-1 Waiver of Cost Allowability Limitations

SUBPART 37.5 -- MANAGEMENT OVERSIGHT OF SERVICE CONTRACTS

37.503 Agency-Head Responsibilities.

SUBPART 37.6 – PERFORMANCE BASED ACQUISITION

37.601 General.

37.602 Performance Work Statement

37.603 Performance Standards

PART 37 -- SERVICE CONTRACTING

SUBPART 37.1 -- SERVICE CONTRACTS--GENERAL

37.113 Severance Payments to Foreign Nationals.

37.113-1 Waiver of Cost Allowability Limitations.

(a) The designee is the HCA.

(REVISED AUGUST 2009, DISA AC 03-27)

37.170-1-90 Approval requirements

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

(i) For acquisitions at or below $50 million, obtain the review and approval of the Head of the Contracting Office (HCO).

(ii) For acquisitions over $50 million up to $78.5 million, obtain the review and approval of the Head of the Contracting Activity (HCA).

(iii) For acquisitions exceeding $78.5 million, obtain the review and approval of the senior procurement executive.

(b) Acquisition of services through use of a contract or task order that is not performance based and is issued by a non-DoD agency.

SUBPART 37.5 -- MANAGEMENT OVERSIGHT OF SERVICE CONTRACTS

37.503 Agency-Head Responsibilities.

The designee is the HCA.

SUBPART 37.6 – PERFORMANCE BASED ACQUISITION

37.601 General.

(S-90) The DISA HCA has determined that telecommunications service requirements submitted by Telecommunications Service Requests (TSRs)/Telecommunications Service Orders (TSOs), and ordered via Communication Service Authorizations (CSAs) are by their nature Performance Based Acquisitions (PBAs).

(b)(2)(S-90) Except as authorized at 12.102(g)(1)(S-90), DISA contracts and task orders, must include a Quality Assurance Surveillance Plan as a separate attachment to the order/contract in order to be classified as performance based.

37.602 Performance Work Statement

(a)(S-90) A fundamental objective of performance-based acquisition is to stimulate innovative solutions to Government requirements. Therefore, to the maximum extent practicable, solicitations for performance-based requirements shall include a Statement of Objectives (SOO), and require the offerors to respond with a Performance Work Statement (PWS).

(b)(2)(S-90) To the maximum extent practicable, the use of commercial performance measures and standards is encouraged. Furthermore, to ensure appropriate measures and standards are included in the contract, it is advisable to develop performance measures, standards and acceptable quality levels in concert with development of performance tasks in the PWS using a structured, matrix driven approach.

(c)(S-90) The SOO establishes the overall objectives of the work to be performed, and provides a framework for development of the PWS. However, the SOO is not incorporated in the PWS, nor does it become part of the final contract or task order. Solicitations which require offerors to prepare a PWS in response to a Government provided SOO, should include notice to the offerors that the SOO will not be incorporated in the final order or contract, and therefore, the offerors PWS should include clearly defined linkages of tasks to objectives in the SOO. It is incumbent on the Government to ensure that the objectives stated in the SOO have been satisfactorily addressed in the contractor’s proposed PWS. The most critical objectives should be considered for incorporation in the contract’s performance incentive plan.

37.603(S-90) Performance Standards

To the maximum extent practicable, commercial quality or performance standards shall be referenced for the work to be performed.

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