AFARS PART 37

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AFARS -- Part 37

Service Contracting

AAC 96-2
July 25, 1997

Subpart 37.1 -- Service Contracts -- General

37.104 -- Personal Services Contracts.

(b)

37.104-90 -- Procedures.

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:

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.



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 Assitant Make-up Artist

       

Male Leads

       

Picture Editors (Film, video, Television, and/or Commercial)

       

Production Assitstant (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:

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

37.202 -- Exclusions.

Field service representative (FSR) services requested by the contractor.

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

37.401 -- Policy.

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.

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 --

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:

Subpart 37.93 -- Army Continuing Education System (ACES) Contracts

37.9301 -- References.

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:

37.9303 -- Procedures.

(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 --

Subpart 37.94 -- Security Clearances and Identification for Contractor Personnel

37.9401 -- Responsibilities.

The contractor is responsible for obtaining required security clearances and identification cards, tags and badges in accordance with AR 600-8-14.

Subpart 37.95 -- Training With Commercial Firms

37.9501 -- General.

(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.

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