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DIAR 1437


PART 1437 -- SERVICE CONTRACTING


PART 1437 -- SERVICE CONTRACTING

SUBPART 1437.1 -- SERVICE CONTRACTS -- GENERAL

1437.102 Policy

The HCA is responsible for establishing internal review and approval procedures for service contracts in accordance with OFPP Policy Letter 93-1, Management Oversight of Service Contracting. Special attention shall be directed to avoidance of contracting for inherently governmental functions and contract administration in the area of incurred cost monitoring to complement work progress monitoring.

1437.103 Contracting officer responsibility

(a) While recognizing that program officials are responsible for accurately describing the need to be filled or the problem to be solved through the service contract, contracting officers shall:

(4) Award and administer contracts in a manner that will provide the customer with quality services on time and within budget;

(5) Ensure that requirements are clearly defined and appropriate performance standards are included in the contract;

(6) Utilize the checklist in (e), or bureau substitute, to ensure compliance with general policies and the specific guidance in OFPP Policy Letters 92-1, Inherently Governmental Functions, 91-2, Service Contracting, and 89-1, Conflicts of Interest Policies Applicable to Consultants;

(7) Work in close collaboration with the beneficiaries of the services being purchased to ensure that contractor performance meets contract requirements and performance standards;.

(e) Following is a checklist to aid analysis and review of requirements for service contracts.

(1) General.

(2) Inherently Governmental Functions. If the response to the first question below is affirmative, the contract requirement is for an inherently Governmental function that must be performed by Government officials; if the response to the second questionbelow is affirmative, the contract may be for an inherently governmental function:

(3) Cost Effectiveness. If the response to any of the following questions is negative, the agency may not have a valid requirement or not be obtaining the requirement in the most cost effective manner.

(4) Control. If the response to any of the following questions is negative, there may be a control problem.

(5) Conflicts of Interest. If the response to any of the following questions is affirmative, there may be a conflict of interest.

(6) Competition. If the response to any of the following questions is negative, completion may be unnecessarily limited.

1437.170 Special service contract requirements

The following types of services shall be acquired as specified in the following Departmental regulations:

SUBPART 1437.70 -- APPRAISAL SERVICES (REAL PROPERTY)

1437.7000 Scope of subpart

This subpart prescribes policies and procedures for acquiring real property appraisal services.

1437.7001 Contractor qualification requirements

(a) Prior to award of a contract for real property appraisal services when the services are required in support of court actions,the CO shall coordinate with the appropriate solicitor's office and obtain written concurrence from the Assistant U.S. Attorney assigned to represent the Government in the matter that the source to be selected possesses the necessary qualifications for adequate contract performance. This requirement shall be treated as a special standard of responsibility (see FAR 9.104-2).

(b) The CO shall include the requirements of (a) above in all solicitations for real property appraisal services which may besubject to future court action.

1437.7002 Appraisal standards

(a) All real property appraisals for condemnation purposes shall be consistent with requirements of the Interagency Land Acquisition Conference publication uniform Appraisal Standards for Federal Land Acquisitions published by the Government Printing Office.

(b) The standards in (a) above shall be made a part of all solicitations and resulting contracts for real property appraisal services procured for condemnation purposes.

SUBPART 1437.71 -- INFORMATION COLLECTION SERVICES

1437.7100 Scope of subpart

This subpart prescribes policies and procedures for acquiring information collection services which are subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.)

1437.7101 General

The Paperwork Reduction Act of 1980 requires that no federal agency shall conduct or sponsor the collection of information, upon identical items, from ten or more public respondents unless prior approval is obtained from the OMB.

1437.7102 Clause

The contracting officer shall insert the clause at 1452.237-70,Information Collection - Department of the Interior, in all solicitations and contracts which are subject to the Paperwork Reduction Actof 1980.

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