AFARS PART 5137

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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)

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.

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.

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.

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