AFARS PART 5137

Previous PageTable Of ContentsNext Page


Subpart 5137.1 -- Service Contracts – General

Subpart 5137.2 -- Advisory and Assistance Services

Subpart 5137.5 --Army Management and Oversight of the Acquisition of Services (AFARS Revision #10, dated April 30, 2004)

Subpart 5137.5-1-- Applicability

Subpart 5137.5-2-- Definitions

Subpart 5137.5-3-- Review Thresholds

Subpart 5137.5-4-- Review Procedures

Subpart 5137.5-5-- Army Service Strategy Panel (ASSPs)

Subpart 5137.5-6-- Acquisition Strategy Content

Subpart 5137.5-7 -- Data Collection and Reporting.

Subpart 5137.5-8-- Execution Reviews

Subpart 5137.6—Performance-Based Contracting

Subpart 5137.72 -- Educational Service Agreements

Subpart 5137.90 -- Civil Confinement of Military Absentees and Deserters

Subpart 5137.91 -- Videotape, Motion Picture or Videodisc Productions

Subpart 5137.92 -- Overseas Military Banking Facilities

Subpart 5137.93 -- Army Continuing Education System (ACES) Contracts

Subpart 5137.94 -- Security Clearances and Identification for Contractor Personnel

Subpart 5137.95 -- Training With Commercial Firms


AFARS -- Part 5137

Service Contracting


Subpart 5137.1 -- Service Contracts – General

Deleted. [AFARS Revision #004, dated Jul 26, 2002.

5137.104 -- Personal Services Contracts.

(b)

5137.104-90 -- Procedures.

5137.104-90-1 -- Contracts Requiring Authorization at the Secretarial level.

(a) Personal services contracts pursuant to 10 U.S.C.129(b) and 5 U.S.C.3109 must be authorized by an individual D&F submitted through contracting channels and the addressee in 5101.290(b)(4) to the ASA(ALT) unless services being acquired are covered by the delegation of authority in 5137.104-90-2.

(b) See 5101.707. Submit electronically each D&F with the following information:

5137.104-90-2 -- Contracts for Expert, Consultant and Stenographic Reporting Services Covered by a Delegation of Authority.

The contracting officer must prepare a D&F as required by DFARS 237.104(b)(i) for the signature of the authorizing official (see (a)(2), (b) and (c)) to authorize contracts pursuant to 10 U.S.C.129b and 5 U.S.C.3109 for the types of expert, consultant, and stenographic reporting services described in (a), (b) and (c). When a blanket D&F applies, the contracting officer will include in the contract file a copy of the blanket D&F and a statement signed by the contracting officer clearly showing why the blanket D&F is applicable to the proposed contract.



Talents



Musical

Translators,
Foreign
Languages

Production (Film,
Video, Animation,
Audiovisual)

Production
Staff and
Technical Crews

Aerial/Still Photographers

Arrangers

Specialized Lip

Animation Artists

Assistant Director (Film, Video, Television, and/or Commercials)

Aged

Composers

Synchronization

Communication Support Technician

 

Art Directors

Conductors

Translation

 

Associate Producer

     

Directors (special)

 

Atmosphere People

Copyists

Straight
Translation


English of Various

Caterer/Craft Services

Best Boys

Musicians

 

Types of Dialects

Directors (Film, Video, Television, and/or

Casting Directors/ Talent Agency

   

Film Edit Technician

Commercials)


Character Parts

   

Foreign Language of Various Types

Foley Work

       

Key Wardrobe

Child

   

Dialects

Supervisor

     

of

 

Costumer

   

Location Support Gear/Equipment

Location Scouts

Director of Photography (Film, Video)

   

Technician

Post Audio Studio Mixers


Dolly Grips

   

Narrators (lip
synchronization)

Production
Assistants (Film, Video, Television,

Extras

   

Narrators (Off/On-Camera)

and/or Commercials)

Female Leads

     

Production Managers

Gaffers

   

Post Audio Recording and Mixing Technician


Re-recording

Graphic Designers/Artists

   

Screen/Scriptwriter

Technical Advisor

Grips

   

Special Effects Technician

Technical Advisor

Hair Stylist

     

Transportation

     

Television and Motion Picture Cameramen

 

Juvenile

   

Theater Technician

 


Key Grips

   

Video Post Production
Technician

 

Lighting Directors

   

Writers (special)

 

Location Sound Recordists/ Mixers

       

Make-up Artist in Charge and Assistant Make-up Artist

       

Male Leads

       

Picture Editors (Film, video, Television, and/or Commercial)

       

Production Assistant (Film, Video, Television, and/or Commercials)

       

Production Designers

       

Property masters

       

Scenic Artist

       

Set Designers

       

Set Directors

       

Special Business Actor

       

Stunt men

       

Video Editors

       

Figure 37-1 – List of Expert Personal Services Connected With

Stage, Motion Picture, or Television Production.

(b) Expert or consultant services in the field of law for performance outside the United States. Except for the employment of lawyers in their full capacity as advocates, the Deputy Commander-in-Chief, U.S. Army, Europe, may authorize contracts of $50,000 or less for the personal services of experts or consultants in the field of law for performance outside the United States. Experts or consultants may be employed solely for the purposes of providing legal advice to military and civilian Army officials. See AR 27-50. This authority may not be redelegated below the level of the PARC. Redelegation must be in writing.

(c) Stenographic reporting services. Personal services contracts for stenographic reporting pursuant to 10 U.S.C.129b and in accordance with 5 U.S.C.3109 must be authorized as follows:

5137.112 -- Government Use of Private Sector Temporaries.

Direct questions about acquisition of these services to the civilian personnel office.

5137.170 Approval of contracts and task orders for services. (AFARS Revision #10, dated April 30, 2004)

5137.170-3 Approval Requirements.

(a)(1)

(2) For acquisitions over $50M see DFARS 237.170-3(a)(2)

(b) Approval will be in accordance with the oversight of service acquisition review thresholds described in AFARS 5137.5-3.

Subpart 5137.2 -- Advisory and Assistance Services

5137.202 -- Exclusions.

Field service representative (FSR) services requested by the contractor.

5137.204 – Guidelines for Determining Availability of Personnel

The authority to make the determination is delegated to the Principal Assistant Responsible for Contracting [AFARS Revision #001, dated Nov 29, 2001].

Subpart 5137.5 --Army Management and Oversight of the Acquisition of Services (AFARS Revision #10, dated April 30, 2004)

As the Army continues to improve its management of service acquisitions, the acquisition team will focus on the importance of developing and maintaining sound acquisition strategies to ensure services are properly planned, based upon clear, performance-based requirements and acquired by sound business practices. The acquisition strategy developed will be flexible and provide rapid delivery of affordable capability to meet the Army mission and customer expectations. Priorities established by senior functional principals shall ensure accountability and maximize credibility in cost, schedule, and performance as required by the Under Secretary of Defense (Acquisition, Technology and Logistics) (USD (AT&L)) guidance on Acquisition of Services. (See USD (AT&L) memorandum, subject: Acquisition of Services, dated May 31, 2002 and USD (AT&L) memorandum, subject: Management and Oversight of Acquisition of Services Process, dated February 7, 2003.)

Subpart 5137.5-1-- Applicability

Subpart 5137.5-2-- Definitions

Subpart 5137.5-3-- Review Thresholds

Subpart 5137.5-4-- Review Procedures

(a) Service acquisitions meeting the review thresholds above will be forwarded for review and approval prior to issuance of the solicitation. For service acquisitions requiring USD (AT&L), ASD (NII) or DASA (P&P) review and approval, the acquisition strategy will be submitted through the Army Contracting Agency (SFCA-CP) to the Office of the DASA (P&P). The acquisition strategy shall be prepared by the requiring activity in conjunction with the supporting contracting activity. At a minimum, the strategy will contain all the information included at AFARS 5137.5-6 below.

Subpart 5137.5-5-- Army Service Strategy Panel (ASSPs)

(b) The HQDA ASSP process will provide senior Army functional principals the opportunity to review proposed acquisition strategies and proposed metrics for service acquisitions; and reach consensus on strategies that are most advantageous to the Army. ASSPs shall be conducted as early as possible in the acquisition planning process to develop a systematic and disciplined approach to achieve an affordable, efficient/effective acquisition. The Office of the DASA (P&P) will serve as the coordinator for all ASSPs conducted at the Headquarters, Department of the Army level.

(c) ASSP Chairperson

(d) ASSP Membership. As unique requirements of each acquisition dictate, the ASSP Chairperson shall determine ASSP membership. The standing ASSP membership includes the following: DASA (P&P); Deputy General Counsel (Acquisition), Assistant Secretary of the Army (Financial Management and Comptroller), Director, Army Small Business, Director, Army Contracting Agency and the senior representative from either the requirement or program management arena. For acquisition of IT services, the Army CIO/G6 shall be a standing member. When an Acquisition Strategy from the U.S. Army Materiel Command is submitted for review and approval, the ASSP membership will be augmented by the Director of Command Contracting and Command Counsel, Headquarters U.S. Army Materiel Command, or their designee. Other members will be invited as acquisition issues dictate. Based upon consensus reached among ASSP members, recommendations are provided to the ASA(ALT) or his designee for review and consideration on the instant acquisition strategy.

(e) ASSP Minutes and Acquisition Strategy Approval. At the conclusion of the ASSP, the ASSP coordinator will prepare ASSP minutes and obtain approval of the Acquisition Strategy from the decision authority. Decision authorities will approve metrics for service acquisitions requiring their review and approval.

(f) Timelines:

Subpart 5137.5-6-- Acquisition Strategy Content

Subpart 5137.5-7 -- Data Collection and Reporting.

Subpart 5137.5-8-- Execution Reviews

Subpart 5137.6—Performance-Based Contracting

5137.602-1—Statements of Work.

All A-76 solicitations will be performance-based. See 5107.304(c).

Subpart 5137.72 -- Educational Service Agreements

5137.7204 -- Format and Clauses for Educational Service Agreements.

5137.7204-90 -- Establishing Educational Service Agreements.

Requests and information necessary for the establishment of an educational service agreement will be furnished by one of the offices in 5137.7204-93.

5137.7204-91 -- Purchase Requests.

Requests to issue an order under the educational service agreement must include --

The contracting officer shall obtain additional funds in writing from the funding activity when the actual cost of a course will exceed the estimated cost by $100 or more, except when the course is taught by professors of military science.

5137.7204-92 -- Ordering Procedures.

(a) Issue a separate order for each required training session (i.e., year, semester, term or quarter) and obligate funds to cover the instruction of those individuals identified on the order form for the period specified.

(b) To preclude delays in enrollment, an order for the next fiscal year may be issued prior to the availability of funds, notwithstanding 5101.602-2. Insert the clause in FAR 52.232-18, Availability of Funds, in the order. When the funds become available, the contracting officer shall use Standard Form 30 to modify the order to cite the appropriation chargeable and to delete the Availability of Funds clause.

(c) An order may authorize the enrollment of any number of military personnel or ROTC scholarship cadets and must --

5137.7204-93 -- Distribution of Orders.

Distribute one copy of each order, modification, and payment voucher to --

5137.7204-94 -- Gratuitous Agreements.

(a) A gratuitous agreement is an agreement with a civilian educational institution or with a commercial firm for training of military personnel for which the Government does not pay.

(b) Requests and information necessary for the execution of a gratuitous agreement will be furnished the contracting office by one of the offices in 5137.7204-93.

(c) Furnish two copies of the gratuitous agreement to the appropriate addressee in 5137.7204-93. In addition, furnish a copy of the agreement to all Army activities likely to have use for the training covered by the agreement.

Subpart 5137.90 -- Civil Confinement of Military Absentees and Deserters

5137.9001 -- Use of Civil Detention Facilities.

See AR 190-9 and AR 190-47.

Subpart 5137.91 -- Videotape, Motion Picture or Videodisc Productions

5137.9101 -- Contracting for Total Productions.

(a) The U.S. Army Visual Information Center (USAVIC) is the only visual information activity authorized to contract for total productions. See AR 25-1 and DA PAM 25-91.

(b) Requests for total productions shall be directed to the local visual information activity for processing to the USAVIC.

Subpart 5137.92 -- Overseas Military Banking Facilities

5137.9201 -- Solicitation and Contract Clause.

Use the following clause in all solicitations and contracts for the operation of overseas military banking facilities:

Subpart 5137.93 -- Army Continuing Education System (ACES) Contracts

5137.9301 -- References.

AR 621-5 establishes the ACES and prescribes policies and responsibilities for its administration.

5137.9302 -- Educational Services Contracts.

5137.9303 -- Procedures.

Subpart 5137.94 -- Security Clearances and Identification for Contractor Personnel

5137.9401 -- Responsibilities.

The contractor is responsible for obtaining required security clearances and identification cards, tags, and badges in accordance with AR 600-8-14.

Subpart 5137.95 -- Training With Commercial Firms

5137.9501 -- General.

Previous PageTop Of PageTable Of ContentsNext Page