PART 37 -- SERVICE CONTRACTING
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.
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.
(i) Comply with the review and approval requirements established in accordance with paragraph 37.170-1-90 (a) (i),(ii), and (iii) and
(ii) Comply with review, approval and reporting requirements established in accordance with DFARS Subpart 217.78 when acquiring services through use of a contract or task order issued by a non-DoD agency.
(a) 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 37.170-1-90 (a) (i),(ii), and (iii) supporting why the acquisition does not meet Performance-Based Acquisition (PBA) criteria.
(b) The Determination and Finding (D&F) must be approved prior to release of a solicitation for a service acquisition that is not performance based.
(c) The established dollar thresholds are based upon the total estimated
life cycle value of the acquisition.
(d) 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.
SUBPART 37.5 -- MANAGEMENT OVERSIGHT OF SERVICE CONTRACTS
37.503 Agency-head responsibilities.
The designee is the HCA.
SUBPART 37.6 – PERFORMANCE BASED ACQUISITION
(b)(2) Except as authorized at DARS 12.102 , 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.
(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).
37.602 Performance work statement
(b)(2) 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) 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.
(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).
37.603 Performance standards
(a) To the maximum extent practicable, commercial quality or performance standards shall be referenced for the work to be performed.