Subpart 5137.1 -- Service Contracts – General
Subpart 5137.2 -- Advisory and Assistance Services
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)
(i) See 5137.104-90 for implementation.
(ii)(C)
(2) The U.S. Army Medical Command must approve requirements for services at DFARS 237.104(b)(ii)(A)(2). Queries should be sent to the U.S. Army Medical Command, Attn: MCHO-CL-H, Fort Sam Houston, TX 78234-6000. Telephone (210) 221-6767/DSN 471-6767.
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:
(1) An analysis of the proposed compensation in relation to the work to be performed and the Classification Act rate of pay for a regular employee performing similar or comparable services.
(2) A statement signed by the HCA that the employment of the individual(s) by the proposed contract will not cause the installation/activity in which the individual(s) is to work to exceed the civilian personnel authorization established by the Army for that installation/activity.
(3) For stenographic reporting services, the request for D&F must be accompanied by an analysis which clearly establishes that it is either necessary or substantially more economical or feasible to obtain services by contract rather than by OPM appointment.
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.
(a) Expert services supporting stage, motion picture or television productions.
(1) Purchase requests for personal services supporting productions must include a clearance from the local visual information (VI) activity supporting acquisition outside VI acquisition channels. See 5137.9101, AR 25-1 and DA PAM 25-91.
(2) Contracts for expert personal services of actors, narrators and other technical and professional personnel listed in the following Figure 37-1 to support stage, motion picture or television production may be authorized by the following:
(i) Deputy or Assistant Deputy Chief of Staff for Acquisition, U.S. Army Materiel Command.
(ii) Commander, U.S. Army Forces Command.
(iii) Commander, U.S. Army Medical Command.
(iv) Commander, U.S. Army Information Systems Command.
(v) Commander, U.S. Army Military District of Washington.
(vi) Commander, U.S. Army Pacific Command.
(vii) Commander, U.S. Army Training and Doctrine Command.
(viii) Director, Defense Supply Service-Washington (DSS-W).
The persons named may redelegate this authority in writing to individuals under their procurement cognizance, except that the Director, DSS-W, may not redelegate this authority.
Figure 37-1.--List of Expert Personal Services Connected With Stage, Motion Picture, or Television Production
|
|
Translators, |
Production (Film, |
Production |
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 |
|
Caterer/Craft Services |
Best Boys |
Musicians |
Types of Dialects |
Directors (Film, Video, Television, and/or | |
Casting Directors/ Talent Agency |
Film Edit Technician |
Commercials) | ||
|
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 | ||
|
Narrators (lip |
Production | ||
Extras |
Narrators (Off/On-Camera) |
and/or Commercials) | ||
Female Leads |
Production Managers | |||
Gaffers |
Post Audio Recording and Mixing Technician |
| ||
Graphic Designers/Artists |
Screen/Scriptwriter |
Technical Advisor | ||
Grips |
Special Effects Technician |
Technical Advisor | ||
Hair Stylist |
Transportation | |||
Television and Motion Picture Cameramen |
||||
Juvenile |
Theater Technician |
|||
|
Video Post Production |
|||
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:
(1) The DASA(P) has authority to authorize contracts for stenographic reporting services in connection with White House activities and those categories of services described in (2).
(2) Authority to authorize contracts for stenographic reporting services has been delegated as follows:
(i) To HCAs for hearings in connection with agency Merit System Protection Board appeals and grievances or processing of employee complaints of discrimination under the equal employment opportunity program.
(ii) To HCAs and the Director, DSS-W, for services for other administrative hearings for which verbatim records are required, either by regulation or by order of the administrative board’s appointing authority.
(iii) To the Deputy and Assistant Deputy Chief of Staff for Acquisition, U.S. Army Materiel Command, and the Director, DSS-W, for hearings in support of interference aspects of patent prosecution.
The persons named may redelegate this authority in writing to individuals under their procurement cognizance, except that the Director, DSS-W, may not redelegate this authority.
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)
(i) Over $10M and not to exceed $50M:
(A) For non-PEO managed items obtain approval of the HCA.
(B) For PEO managed items obtain approval of the PEO.
(ii) At or below $10M:
(A) For non-PEO managed items obtain approval of the PARC
(B) For PEO managed items obtain approval of the PM
(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
Field service representative (FSR) services requested by the contractor.
(1) If the contractor requests an FSR be used solely for advisory service or for liaison between the contractor and the military users of the contractor’s equipment or components, the cost of the FSR, to include travel and transportation of baggage and equipment, must not be directly reimbursable by the Government. If the contractor desires to send an FSR for advisory or liaison purposes, the contractor must notify the contracting officer by letter and include --
(i) The name of the FSR;
(ii) The dates, times and places of visits;
(iii) Contract identification; and
(iv) The equipment and components involved.
After verifying the information in the notification letter, the contracting officer must approve the arrangement by countersigning the letter. The countersigned letter must be the FSR’s accreditation and will identify his position and functions in the field.
(2) The contractor must obtain security clearances and the FSR must comply with identification requirements of AR 600-8-14.
(3) An accredited FSR is entitled to the benefits and privileges which AR 600-8-14, paragraphs 6-31b and 6-32, authorizes for U.S. citizen civilian employees of firms under contract to the DoD or a Uniformed Service.
(4) The duration of the assignment of an FSR requested by the contractor must be governed by the controls imposed for contracted field services. See AR 700-4.
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
a. Oversight of services acquisition is the shared responsibility of requiring activities, contracting activities, and the Assistant Secretary of the Army (Acquisition, Logistics and Technology) ((ASA)(ALT)).
b. The requirements in this subpart apply to all service acquisitions including any service acquisition determined to be of special interest by the ASA(ALT), the USD(AT&L) or the Assistant Secretary of Defense for Networks and Information Integration (ASD (NII)).
c. The requirements in this subpart also apply to any service acquisition that is to be made through the use of:
(1) A contract or task order that is not a performance-based contract or task order; or
(2) A contract or task order entered into or issued by an agency other than the DoD.
d. Service acquisitions that are part of a weapon acquisition program or automated information systems in accordance with DoDD 5000.1 and/or DoDI 5000.2 will be reviewed and approved as part of the program management review process.
Subpart 5137.5-2-- Definitions
a. “Service Acquisition” means the execution of one or multiple contracts or other instruments for committing or obligating funds (e.g., fund transfer, placing orders under the Federal Supply Schedules or other existing contracts, etc.) to acquire services that meet a specified requirement.
b. “Service” means a requirement to perform an identifiable task, or tasks, rather than to furnish an end item of supply.
c. “Decision Authority” is the official with review and approval responsibility as designated and associated with the thresholds below.
Subpart 5137.5-3-- Review Thresholds
(a) The USD(AT&L) may review and approve service acquisitions identified by the USD (AT&L) as special interest, regardless of the estimated dollar value. Before an acquisition of services with a total planned value of $2B or more is approved, advance notification shall be provided to the USD (ATL) so that a determination can be made as to any OSD Special Interest.
(b) The ASD(NII) will review and approve Information Technology service acquisitions in accordance with the Major Automated Information System (MAIS) thresholds in DoDI 5000.2. The ASD (NII) may also review and approve proposed service acquisitions identified as special interest or that are submitted under the July 25, 1997 policy memorandum, “Information Technology Investment Management Insight Policy for Acquisition,” or its revision. Before an acquisition of information technology services with a total planned value of $2B or more is approved, advance notification shall be provided to the ASD (NII) so that a determination can be made as to any OSD Special Interest.
(c) The Deputy Assistant Secretary of the Army (Policy &Procurement) (DASA (P&P)) has been delegated authority to review and approve service acquisitions with a total planned dollar value of $500M or more and service acquisitions identified by the ASA(ALT) as special interest.
(d) PEOs, Direct Reporting PMs, and HCAs will, at a minimum, review and approve service acquisitions not already supported in an approved program acquisition strategy under their cognizance with a total planned dollar value greater than $100M and less than $500M and any service acquisition identified by the PEO/PM/HCA as special interest. HCAs may, at their discretion, delegate review and approval authority for service acquisitions with a total planned dollar value less than $500M to a level no lower than the Principal Assistant Responsible for Contracting (PARC).
(e) Major Commands (MACOMs) and the Army Contracting Agency will implement a review and approval process for service acquisitions with a total planned dollar value less than $100M. Review and approval responsibility should be delegated to the lowest applicable levels of authority consistent with operational impact and risks associated with service acquisitions.
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)
(a) General requirements
(1) ASSPs shall be conducted at Headquarters, Department of the Army level for all service acquisitions with a total planned value of $500M or above, or any service acquisition determined to be of special interest by the ASA(ALT), regardless of dollar value. The ASSP chairperson has the authority to waive the requirement for an ASSP.
(2) Major Commands (MACOM), PEOs, Direct Reporting PMs and HCAs shall conduct ASSPs for service acquisitions with total planned values of $100M or more and less than $500M and shall establish requirements/ procedures to govern the process.
(3) For service acquisitions with a total planned dollar value of less than $100M, a review and approval process shall be implemented consistent with operational impact and risks associated with the service acquisition.
(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
(1) By direction from the ASA(ALT), the HQDA ASSPwill be chaired by the DASA (P&P).
(2) The ASSP Chairperson will provide feedback on ASSPs to the ASA(ALT) at regularly scheduled deputies staff meetings.
(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:
(1) Review, coordination and approval of the acquisition strategy will be conducted in a streamlined and efficient manner. The goal of the process is to have the acquisition strategy reviewed and approved within 15 working days from receipt of the request.
(2) Before the DASA (P&P) approves a strategy for an acquisition of services with a total planned dollar value of $2 Billion or more, advance notification must be provided to the USD (ATL) or ASD(NII), as appropriate, in accordance with 5137.5-3. The USD (AT&L) will provide the ASA(ALT) a determination whether to conduct a review of the acquisition strategy within 10 working days of receipt of the acquisition strategy. If a review is conducted, it will be completed within 30 days of the determination. If no determination to conduct a review is made within 10 working days of receipt, the acquisition may proceed.
Subpart 5137.5-6-- Acquisition Strategy Content
(a) At a minimum the acquisition strategy will address the following:
(1) Requirement. The outcomes to be satisfied and if such outcomes are performance-based (see FAR Subpart 37.6); the measures of success for the service acquisition; and how the requirement was previously satisfied (if not new).
(2) Risks. Identify current and potential cost, schedule and performance risks, the level of stated risks, and a risk mitigation plan.
(3) Competition. Explain how full and open competition will be provided. If other than full and open competition applies to the acquisition, provide an explanation of why and a citation of the statutory authority that allows less than full and open competition. Plans for competition for any foreseeable follow-on acquisitions should also be addressed.
(4) Implications. How the new acquisition will support the achievements of small business goals/targets. How the new acquisition will support any other socio-economic and applicable directed programs.
(5) Business Arrangements. How the acquisition will be funded, the type of business arrangements anticipated (e.g., single contract, multiple award task order contract), the duration of each business arrangement (base period and all option periods), cost estimate for the total planned acquisition, and pricing arrangements (e.g., fixed price, cost reimbursement, time and materiel, labor hour, or variations, based on guidance in FAR Part 16 and, for commercial services, in FAR Part 12). Task orders executed within a service acquisition reviewed pursuant to this subpart do not require a separate review, provided the task order is issued under the approved conditions.
(6) Multi-year Contracts. If the acquisition strategy calls for a multi-year service contract to be entered into under the authority of 10 U.S.C. 2306c, the acquisition strategy must address the Army’s plans for budgeting for termination liability. OMB Circular A-11 requires that multi-year service contracts be scored as operating leases. The acquisition strategy must address the budget scorekeeping that will result from use of the proposed contracting strategy.
(7) Leases. Include a lease-purchase strategy if required by OMB Circular A-94, Section 13.
(8) Metrics. Cost, schedule and performance metrics that measure service acquisition outcomes against requirements. If metrics are not submitted with the acquisition strategy, the metrics must be submitted for the Decision Authority approval prior to execution of any business instrument (e.g., contract, MIPR) that initiates the acquisition.
Subpart 5137.5-7 -- Data Collection and Reporting.
a. The following data shall be collected for each purchase of service in excess of the simplified acquisition threshold. Data are required regardless of whether the purchase is made in the form of a contract, task order, delivery order, military interdepartmental purchase request, or any other form of interagency agreement:
(1) Description of the service purchased.
(2) The total dollar value of the purchase.
(3) The form (contract, purchase order, delivery or task order etc.) of the contracting action used to make the purchase.
(4) Whether the purchase was made through:
a. a performance-based contract, performance-based task order or other performance-based arrangement that contains firm fixed prices for the specific tasks to be performed;
b. any other performance-based contract, performance-based task order, or performance-based arrangement; or
c. any contract, task order, or other arrangement that is not performance-based.
(5) In the case of a purchase made through an agency other than the Department of Defense, the agency through which the purchase is made.
(6) The extent of competition provided in making the purchase and whether there was more than one offer.
(7) Whether the purchase was made from:
a. a small business concern;
b. a small business concern owned and controlled by socially and economically disadvantaged individuals; or
c. a small business concern owned and controlled by women.
(b) Data shall be consolidated, by form (contract, purchase order, delivery or task order etc.) of purchase, at the HCA level and provided on an annual basis through the Army Contracting Agency (SFCA-CP) to the DASA (P&P) by October 30th of each year.
(c) Services included in weapon systems acquisition program or automated information systems reviewed in accordance with DoDD 5000.1 and/or DoDI 5000.2 are excluded from this requirement.
Subpart 5137.5-8-- Execution Reviews
a. Annual reports on program progress toward meeting the approved metrics will be submitted to the Decision Authority on every approved acquisition strategy. The appropriate Decision Authority may specify a more frequent reporting schedule.
b. For service acquisitions with a total planned dollar value of $100M and greater this information shall be consolidated at the Decision Authority level and provided through the Army Contracting Agency (SFCA-CP) to the AAE by October 30th of each year.
c. Services reviewed and approved as part of a weapon systems program or automated information systems in accordance with DoDD 5000.1 and/or DoDI 5000.2 are excluded from this requirement.
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.
DD Forms 1155 or Standard Forms 26, as appropriate, may be used as order forms under 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 --
(a) The estimated cost of training by year, semester, term or quarter;
(b) The authority to adjust cost figures without requesting approval whenever the actual cost of a course will exceed the estimated cost by less than $100, except when the course is taught by professors of military science; and
(c) The information in 5137.7204-92(c)(1)-(4).
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 --
(1) Identify each individual authorized to enroll by name and rank (for ROTC scholarship cadets, show social security number in lieu of rank);
(2) Identify the individual as an Army Medical Department member or ROTC scholarship cadet, when applicable;
(3) Identify each course for which the individual is enrolling and its actual or estimated cost;
(4) State the appropriation chargeable for the instruction of each individual; and
(5) Include the statement: “Whenever the actual cost of a course will exceed the estimated cost shown on this order by $100 or more, the Contractor shall submit a written request for approval to the Contracting Officer prior to commencing instruction.”
5137.7204-93 -- Distribution of Orders.
Distribute one copy of each order, modification, and payment voucher to --
(a) The Surgeon General, Commander USAHPSA, Health Education Training Division, Attn: SGPS-ED, 5109 Leesburg Pike, Falls Church VA 22041-3258 for Army Medical Department personnel;
(b) The appropriate professor of military science for ROTC scholarship cadets;
(c) Office Of The Deputy Chief Of Staff For Personnel, Director Of Military Personnel Management, Officer Division, Attn: DAPE-MPO-S, 300 Army Pentagon, Washington DC 20310-0300, for Army officer personnel other than those identified in (a) and (b); and
(d) Office of The Deputy Chief Of Staff For Personnel, Director Of Military Personnel Management, Enlisted Division, Attn: DAPE-MPE-PD, 300 Army Pentagon, Washington DC 20310-0300, for Army enlisted personnel other than those identified in (a).
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:
AFARS 52.237-9000, Cost Allowability For Military Banking Facilities Contracts (Aug 1992).
Subpart 5137.93 -- Army Continuing Education System (ACES) Contracts
AR 621-5 establishes the ACES and prescribes policies and responsibilities for its administration.
(d) AR 350-20 provides for mission-required language training contracted for through ACES.
(e) AR 25-1 describes information centers.
(f) AR 380-67 establishes Army security requirements for instructor personnel employed and paid by American universities to teach at overseas military installations.
5137.9302 -- Educational Services Contracts.
(a) Educational services contracts may be executed to support ACES for Active Component, Reserve Component and Army National Guard soldiers and to provide Headstart language and host nation acculturation programs for Active Component adult family members.
(b) In CONUS, postsecondary and off-duty high school instruction shall be obtained by tuition assistance procedures described in AR 621-5. In OCONUS areas, administrative and logistical support for postsecondary programs may be obtained by contracting if competitive procedures are used.
(c) Contracts must be used for the following:
(1) Conducting Army Education Center instruction for programs listed in AR 621-5 and AR 350-20.
(2) Testing of individuals or groups of individuals who desire to participate in ACES.
(3) Army Learning Center services such as the use of professional, paraprofessional or technical personnel to operate computer laboratories, information centers, language laboratories, military publications reference libraries and provide adjunct instruction for ACES participants.
(4) Education Transition Management services (for Active Component only).
(5) Education program development, such as curriculum development, software and courseware development.
(6) Training for professional development of ACES full-time, permanent, professional staff.
See above cited Army Regulations.
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
(a) Refer questions about obtaining commercial training for Army Medical Department personnel to The Surgeon General, Commander USAHPSA, Health Education Training Division, Attn: SGPS-ED, 5109 Leesburg Pike, Falls Church, VA 22041-3258 or by telephone to DSN 761-8309 or (703) 681-8309.
(b) Refer questions about obtaining commercial training for other Army personnel to the Office Of The Deputy Chief Of Staff For Personnel, Director of Military Personnel Management, Attn: DAPE-MP, 300 Army Pentagon, Washington DC 20310-0300, or by telephone to DSN 225-2497 or (703) 695-2497.