AFARS -- Part 5137
Service Contracting
Subpart 5137.1 -- Service Contracts - General
Solicitations for services must be performance based and fixed price (firm fixed price, fixed price with award fee, fixed price incentive, fixed price with economic price adjustment). Specifically excluded from this requirement are all research and development, architect-engineer, environmental remediation and restoration, emergency services acquisitions, and procurements conducted pursuant to Office of Management and Budget (OMB) Circular A-76. Deviations (both individual and class) with supporting justification in writing may be granted by PARCs up to $10 million, HCA's up to $50 million, and the DASA(P&P) over $50 million. Copies of all approved deviations are to be provided to SAAL-PP on a quarterly basis.
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 |
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|
Video Post Production |
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Lighting Directors |
Writers (special) |
|||
Location Sound Recordists/ Mixers |
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Make-up Artist in Charge and Assistant Make-up Artist |
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Male Leads |
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Picture Editors (Film, video, Television, and/or Commercial) |
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Production Assistant (Film, Video, Television, and/or Commercials) |
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Production Designers |
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Property masters |
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Scenic Artist |
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Set Designers |
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Set Directors |
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Special Business Actor |
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Stunt men |
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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.
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.
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.