Subpart 37.1 -- Service Contracts -- General
37.104 -- Personal Services Contracts.
(b)
(i) See 37.104-90 for implementation.
(ii)(C)
(2) The U.S. Army Medical Command shall approve requirements for services at DFARS 237.104(b)(ii)(A)(2). Queries should be addressed to the U.S. Army Medical Command, Attn: MCHO-CL-H, Fort Sam Houston, TX 78234-6000. Telephone (210) 221-6767/DSN 471-6767.
37.104-90-1 -- Contracts Requiring Authorization at the Secretarial level.
(a) Personal services contracts pursuant to 10 U.S.C.129b and in accordance with 5 U.S.C.3109 must be authorized by an individual D&F submitted through contracting channels and the addressee in 1.290(b)(1) to the ASA(RDA) unless services being acquired are covered by the delegation of authority in 37.104-90-2.
(b) See 1.707. Submit five copies of each D&F. Submit the following information with the D&F:
(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 shall 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 Civil Service appointment.
37.104-90-2 -- Contracts for Expert, Consultant and Stenographic Reporting Services Covered by a Delegation of Authority.
The contracting officer shall 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 in accordance with 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 shall 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 37.9101, 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 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.
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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) |
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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 |
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Costumer |
Location Support Gear/Equipment |
Location Scouts | ||
Director of Photography (Film, Video) |
Technician |
Post Audio Studio Mixers | ||
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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 |
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Juvenile |
Theater Technician |
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Video Post Production |
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Lighting Directors |
Writers (special) |
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Location Sound Recordists/ Mixers |
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Make-up Artist in Charge and Assitant 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 Assitstant (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 Civil Service 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.
37.112 -- Government Use of Private Sector Temporaries.
Direct questions about acquisition of these services to the civilian personnel office.
Subpart 37.2 -- 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, shall 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 shall approve the arrangement by countersigning the letter. The countersigned letter shall be the FSR's accreditation and will identify his position and functions in the field.
(2) The contractor shall obtain security clearances, and the FSR shall 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 shall be governed by the controls imposed for contracted field services. See AR 700-4.
37.204 -- Guidelines for Determining Availability of Personnel.
(a) The authority to make the determination is delegated to PARCs.
Subpart 37.4 -- Nonpersonal Health Care Services
See AR 40-1. The contracting officer shall verify that the requiring activity has obtained all required approvals before accepting the purchase request.
Subpart 37.72 -- Educational Service Agreements
37.7204 -- Format and Clauses for Educational Service Agreements.
Educational Service Agreement Schedule Provisions
1.
(b) DD Forms 1155 or Standard Forms 26, as appropriate, shall be used as order forms under educational service agreements.
37.7204-90 -- 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 37.7204-93.
37.7204-91 -- 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 37.7204-92(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.
37.7204-92 -- 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 1.602-2. 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 shall --
(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."
37.7204-93 -- 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).
37.7204-94 -- Gratuitous Agreements.
(a) As used in this subsection, a gratuitous agreement means 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 37.7204-93.
(c) Furnish two copies of the gratuitous agreement to the appropriate addressee in 37.7204-93. In addition, furnish a copy of the agreement to all Army activities likely to have use for the training covered by the agreement.
Subpart 37.90 -- Civil Confinement of Military Absentees and Deserters
37.9001 -- Use of Civil Detention Facilities.
AR 190-9 governs the use of civil detention facilities to detain military absentees, deserters or escaped military prisoners. See AR 190-47 and AR 37-1, paragraph 20-141, also.
Subpart 37.91 -- Videotape, Motion Picture or Videodisc Productions
37.9101 -- 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 37.92 -- Overseas Military Banking Facilities
37.9201 -- 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) -- AFARS.
Subpart 37.93 -- Army Continuing Education System (ACES) Contracts
AR 621-5 establishes the ACES and prescribes policies and responsibilities for its administration.
(b) AR 621-6 describes Army Learning Centers, including those operated by ACES, and prescribes policies and responsibilities for their operation.
(c) AR 351-1 contains provisions for certain Functional Area- or Specialty Skill Identifier-related instruction.
(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.
37.9302 -- 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, and AR 37-1. In OCONUS areas, administrative and logistical support for postsecondary programs may be obtained by contracting if competitive procedures are used.
(c) Contracts shall be used for the following:
(1) Conducting Army Education Center instruction for programs listed in AR 621-5, AR 351-1 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.
(a) Only MACOM or MSC Directors of Education and Active Component and Reserve Component Education Services Officers are authorized to request contracts to provide ACES education services.
(b) Active Component and Reserve Component Education Services Officers shall be used to perform technical evaluations of contract proposals.
(c) Quality factors such as employee qualifications, experience, accreditation (where appropriate) and prior contract performance shall be considered in evaluation and selection.
(d) Program 8, Other (Program Element 879732) appropriated funds shall not be used to support --
(1) Active Component personnel for Special Skill Identifier- or Functional Area Code-related or mission-required language instruction; or
(2) Reserve Component personnel.
Subpart 37.94 -- Security Clearances and Identification for Contractor Personnel
The contractor is responsible for obtaining required security clearances and identification cards, tags and badges in accordance with AR 600-8-14.
Subpart 37.95 -- 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.