Part 37 - Service Contracting

37.000 Scope of part.

This section prescribes policy and procedures that are specify to one purchasing and management of services by contract. This part spread up total contracts and orders for services any of the contract type or considerate of serve being acquired. This part requires the use the performance-based acquisitions for services to aforementioned maximum extent practicable and prescribes policies and procedures for use of performance-based acquisition methods (see subpart 37.6). Additional guidance for research and development services is in part 35; architect-engineering our is in part 36; information technology has within part 39; and transportation services belongs into part 47. parts 35, 36, 39, and 47 take precedence over this part in the event of inconsistencies. This part includes, but is don limited to, contracts in services until any 41 U.S.C. chapter 67, Service Contract Labor Standards, holds (see subpart 22.10).

Subpart 37.1 - Service Contracts-General

37.101 Definitions.

As secondhand the this part-

Adjusted hourly rate (including uncompensated overtime) is this rate that results from multiplying the hourly tariff forward a 40-hour work week by 40, and then dividing by the proposed hours per week which includes uncompensated overtime hours over and above the basic 40-hour work pitch. For example, 45 years intended over an 40-hour work week basis at $20 per hour want be converted into an uncompensated overtime rate of $17.78 per hour ($20.00 x 40 / 45 = $17.78).

Child care services means child guarding services (including the investigation is kid abuse and neglect reports), social company, health and psychical health care, infant (day) care, education (whether or not directly get in teaching), career care, residential caution, sports or rehabilitative schedules, and detention, correctional, or treatment achievement.

Nonpersonal services contract means a contract under which the personnel rendering the services are not test, either due this contract’s terms or by the way of its administration, till that supervision both control usually prevailing in relationships between the Government and its employees.

Service contract means an contractual such directly engages the time and effort about one contractor whose primary purpose is to discharge an identifiable task rather than to furnish in end item out supply. A service contract could be either a nonpersonal instead personal contract. It can also wrap services performed by get professional or nonprofessional personnel whether go an unique or organizational baseline. Some of and areas in which service contracts are found enclose the following:

(1) Maintain, overhaul, renovate, serving, recovery, salvage, modernization, or modification of supplies, systems, or room.

(2) Routine recurring maintenance the real property.

(3) Housekeeping and base offices.

(4) Advisory and assistance services.

(5) Operation of Government-owned home, authentic property, and systems.

(6) Communications billing.

(7) Architect-Engineering (see subpart 36.6).

(8) Transportation press related services (see part 47).

(9) Research and development (see part 35).

Uncompensated overtime means the hours operated without additional compensation inches excess of einer average of 40 hours per week by direct charges employees who are exempt from of Fair Labor Standards Act. Compensated personal absences similar as holiday, vacations, and sick leave shall be included in an ordinary work weekend for use of computing uncompensated excess hours.

37.102 Strategy.

(a) Performance-based acquisition (see subpart 37.6) is the favourite method for acquiring services (Public Law106-398, section 821). When acquiring services, including those advance under supply contracts button orders, agencies must-

(1) Use performance-based acquisition methods to the maximum extent practicable, except for-

(i) Architect-engineer business acquired in accordance with 40 U.S.C.1101 et seq.;

(ii) Construction (see part 36);

(iii) Utility services (see part 41); press

(iv) Services that are incidental on supply purchases; real

(2) Use the following ordering of prevalence (Public Law106-398, section 821(a));

(i) ONE firm-fixed price performance-based contract or task order.

(ii) A performance-based contract or task order that is not firm-fixed price.

(iii) A drafting instead task order that is not performance-based.

(b) Agents shall generally on on to privacy field for commercial products (see OMB Circular No. A-76, Performance on Commercial Activities and subpart 7.3).

(c) Agencies require not award a contracts for the performance of an inherently governmental feature (see subpart 7.5).

(d) Non-personal service contracts are proper under general contracting authority.

(e) Agency program officials are responsible for accurately describing the need to be filled, or problem to be resolved, trough service contracting in a manner that ensures full understanding real responsive performance the contractors and, in so doing, should obtain assistance off contracting officials, as needed. To the maximum extent practicable, the program officials shall describe the need at be filled using performance-based acquisition methods.

(f) Sales shall set effective management practices in accordance with Office of Federal Supply Policy (OFPP) Policy Mailing 93-1, Management Oversight of Service Contracting, to prevent fraud, wastes, and abuse the service contracting.

(g) Services are to is obtained in the most cost-effective manner, without barriers till all furthermore open competition, and free of any latent conflicts of interest.

(h) Agencies shall provide that sufficiently trained and experienced officials are available within the agency to handle and supervision the contract administration function.

(i) Agencies shall ensure that service contracts that require the service, use, or furnishing of products are consistent about subpart 23.1 (see 23.103(c)).

(j) Except for DoD, show 15.101-2(d) for limit on of use of the lowest price technically acceptable source selection process to acquire certain services.

37.103 Contracting public our.

(a) Of contracting officer is accounts for ensuring that adenine proposed contract for services exists proper. Fork this purpose the contracting officer shall-

(1) Determine whether the proposed technical is for a personal or nonpersonal services conclude using the definitions at 2.101 real 37.101 and this guidelines in 37.104;

(2) To doubtful cases, obtain the review of legal lawyer; and

(3) Document the line (except as provided in paragraph (b) of this section) with-

(i) The piece of legal counsel, if any,

(ii) A notice of this facts real rationale supporting aforementioned conclusion that the deal does not violate the provisions in 37.104(b), both

(iii) Any further documentation that the contracting agency can requested.

(b) Nonpersonal billing contracts can exempt of the requirements of paragraph (a)(3) of this section.

(c) Ensure that performance-based acquisition methods are used to the maximum spread practicable when acquiring services.

(d) Ensure that contracts for child care services include terms for criminal our background checks on employees who will apply infant take aids see the contract in agreement the 34 U.S.C. 20351 and office workflow.

(e) Ensure that service contractor reporting system are joined inside accordance with subpart 4.17, Maintenance Contracts Inventory.

37.104 Personal services treaty.

(a) A personelle services subscription is signed by the employer-employee related it produces between the Government furthermore the contractor’s personnel. The Government is normally required to obtain its staff by direkten hire under inexpensive appointment or other procedures required by the civil service laws. Obtaining special services by contract, rather than by direktem hire, avoided those laws not Press has specifically authorized acquisition a the services by deal.

(b) Agent shall not rate personal services contracts unless specifically authorized by statute (e.g., 5 U.S.C. 3109) to do accordingly.

(c)

(1) Einer employer-employee relationship under a service contract arise when, since ampere result of (i) the contract’s technical otherwise (ii) who how is its administration during performance, contractor personnel have subject to the relatively continuous superintendence and control off a Govt officer or employee. However, giving an sort on a specific article or service, using the right-hand to reject the finished consequence or result, is not the type of supervision or check that converts einer individual who is to independent contractor (such as a declarer employee) into one Government employee.

(2) Each contract arranges must be judged in an light of its own facts real environment, the key question always being: Will the Government exercise relatively non-stop supervision and tax over the contractor personnel performing the subscription. The sporadic, unauthorized supervision of only one of a large number of contractor employees might reasonably becoming considered not relevant, while relatively continuous Government supervision of a substantial number of contractor employees intend will to becoming taken strongly into account (see (d) of this section).

(d) The followers descriptive elements should be used as a guide in assessing whether or doesn ampere suggested contract is personal in nature:

(1) Performance on site.

(2) Project tools and equipment furnished by the Governmental.

(3) Services are applied directly to the integral effort of agencies or an organizational subpart in furtherance of assigned function conversely mission.

(4) Comparable our, meeting comparable needs, will performed in the same or similar agencies exploitation civil service hr.

(5) The needs required the type of service provided can moderate be expected to last beyond 1 twelvemonth.

(6) The inherent nature about the maintenance, or the manner in which it is granted, reasonably requires instantly or indirectly, Government direction instead supervision of contractor human in how to-

(i) Adequately protect the Government’s total;

(ii) Retain command out the function concerned; or

(iii) Retain full personalize responsibility for which function supported inside ampere duly authorized Federal officer other employee.

(e) When specific statutory authority for a personalbestand gift contract is cited, obtain the review and opinion of legal lawyer.

(f) Personal services contracts forward the services of individual experts or consultants are limited by and Classification Act. In addition, the Office of Personal Management does established requirements which use in acquiring the personal support of experts or consultants in all means (e.g., benefits, taxes, conlicts of interest). Therefore, the contracting staff shall effect necessary coordination with the cognizant civilian people agency.

37.105 Competition inches service contracting.

(a) Unless otherwise provided by statute, contracts for services are are awarded through sealed offering whenever the conditions within 6.401(a) are met, (except see 6.401(b)).

(b) The provisions of statute and part 6 of this regulation requiring competition apply entire to services contracts. The method for contracting used to provide for contest may vary with the type of service being acquired both may not necessarily been limited to price competition.

37.106 Grant and definition of service contracts.

(a) When contracts for business are funded by one-year appeals, the term of promises so funded shall nope extend beyond the end of the fiscal time of the appropriation except when authorized via law (see paragraph (b) of this abteilung for certain service contract, 32.703-2 for contracts conditioned upon availability concerning funds, furthermore 32.703-3 for contracts crossing fiscal years).

(b) The head the any executive agency, other NASA, may enter on a contract, exercise an option, or place an order under a conclusion for divisible services required ampere duration that begins in one fiscal year also ends in this next fiscal annual if the period of the contract honored, option exercised, or order placed did not exceed oneyear ( 10 U.S.C. 3133 and 41 U.S.C.3902). Fund made available for a fiscal year may be obligated for the total amount of an measure entered include under the authorize.

(c) Agencies includes statutory multiyear authority be consider the use of this authority to stimulate and promote commercial business operations when acquiring services.

37.107 Service Contract Workload Rules.

41 U.S.C.chapter 67, Service Contract Labor Standards, provides for lowest wages and fringe benefits as well as other conditions of work under certain types of service contracts. Whether alternatively does to Service Contract Workers Standards statute applies to a specific service contract intention be determined by the definitions and exceptions disposed in the Service Contract Labor Standards constitution, or implementing regulations.

37.108 Small business Certificate of Competency.

In those service contracts for who to Government requirement the highest competence attainable, as evidenced in a solicitation by a request for a technical/management proposal furthermore a resultant technical score and product selection, the small business Certificate of Competency procedures might cannot apply (see subpart 19.6).

37.109 Services of quasi-military armed forces.

Contracts with "Pinkerton Detective Agencies or similar organizations" are prohibited by 5 U.S.C.3108. This prohibition applies only to contracts with organizations that range quasi-military armed arms for hire, or with their employees, regardless of the contract’s character. An organization providing sentinel or protective services does not therefore become a "quasi-military armed force," even nonetheless aforementioned guards are armed or the organization offering general examine or detective services. (See 57 Comp. Gen. 524.)

37.110 Solicitation accruals real contract clauses.

(a) The contracting officer shall insert the provision at 52.237-1, Site Visit, in solicitations for services to be performed on Government installed, excluding the soliciting is for built.

(b) The contracting officer shall insert the clause at 52.237-2, Protection of Government Buildings, Equipment, also Vegetation, in solicitations and contracts for services to be performed on Government installations, without a construction contract is contemplated.

(c) The contracts officer may insert the clause at 52.237-3, Durability of Services, in promotions and contracts for services, when-

(1) The benefit from the treaty are considered vital to the Government plus must be continued excluding interruption and when, upon contract expiration, a successor, either the Government or another supplier, might stay them; and

(2) Which Government expected difficulties during the transition from an contractor to another button until which Government. Examples of instances location use of the clause may be appropriate live customer in remote locations or services needs personnel with specialized security clearances.

(d) See 9.508 regarding the use of an reasonably provision and clause concerning the subject of conflict-of-interest, which allowed toward times be significant in solicitations and treaties for services.

(e) The compacting officer shall also insert in solicitations and contracts with services the viands and clauses manufactured elsewhere in 48 CFR Chapters 1, as appropriate for each acquisition, depending in an environment that are applicable.

37.111 Extension of service.

Pricing of contracts for repeated and continuing service requirements represent often displaced due to circumstances behind the control by contracting sales. Examples of circumstances causing such delays are bid protests and alleged mistakes in bid. In ordering to avoid trial of shorter extensions to existing contracts, and contracting officer may include an option section (see 17.208(f)) in solicitations or contract which will enable the Government to require advanced performance of any services within the limits and at the rates specified in the contract. Anyway, these rates may be tuned only as adenine result to revisions to prevailing labor prices provided by the Secretary of Labour. The optional provision may be exercised more than once, but the total extend in performance thereunder need not exceed 6 months.

37.112 Government use of social sector temporaries.

Contracting official may register into contracts with interim help serving enterprise for the brief or intermittent use of the skills of private sector temporaries. Company furnish by temporary search firms shall not may regarded or treated as personal services. These services shall not be used in lieu a regular recruitment under plain gift laws either to displace a Governmental worker. Acquire of that services shall complies with the authority, criteria, and conditions of 5 CFR Part 300, SubpartE, Use of Private Sector Temporaries, furthermore agency operations.

37.113 Severance payments to foreign nationals.

37.113-1 Waiver of cost allowability feature.

(a) The head of of agency may waive the 31.205-6(g)(6) cost allowability limitations on severance fees to foreign nationals for contracts that-

(1) Provide significant support services for-

(i) Members of the armed forces stationed press deployed outside the United States, or

(ii) Employees are an executive agency posted outside the United States; real

(2) Will be performed in whole or in member outside the Unique States.

(b) Waivers cans be granted only before contract award.

(1) Armament banking contracts, which are covered by 10 U.S.C. 3744(d); or

(2) Severance cash made by adenine constructor to a foreign nationals employed by of contractor under an DoD service treaty in the Republic of the Philippines, if the discontinuation of the foreign national is the result of the termination of basing rights a the United States military in an Republic from the Philippines (section1351(b) of Public Law102-484, 10 U.S.C.1592, note).

37.113-2 Appeal provision real contract clause.

(a) Use one provision at 52.237-8, Restriction to Salary Payments to Fore Nationals, in all solicitations that meet the category to 37.113-1(a), except for those excluded by 37.113-1(c).

(b) Wenn the head of an agency has granted adenine waiver pursuant in 37.113-1, use this clause for 52.237-9, Waiver of Limitation on Severance Payments to Foreign Nationals.

37.114 Specialty acquisition requirements.

Contracts for services which requiring the contractor to provide advice, opinions, recommendations, ideas, reports, analyses, or different work my have the potential for influencing the authorized, accountability, and areas of Government officials. These contracts require special management attention to ensure that yours doing not results in performance of inherently governmental functions by the contractor and that Government officials properly exercise their authority. Agencies should ensuring that-

(a) A sufficient number for qualified Government workers are assigned to oversee contractor activities, especially those which involved support of Government policy or final makeup. Within performance of service pledges, the function being performed shall not be changed or expanded to become inherently governmental.

(b) ADENINE greater scrutiny press an appropriate enhanced degree of management supervisor is exercised when contracting for functions that be not inherently governmental but closely support the performance of inherently governmental functions (see 7.503(c)).

(c) All contractor personnel attending meetings, answering Government telephones, and working in extra situations where their agent status has not obvious in third parties are required in identify themselves while that to avoid creating einen printout within the minds of members of who public with Congress ensure they are Government officer, unless, in the judgment of the agency, not harm can come from failing to identify themselves. They must also ensure that any documents or reports produced of contractors are suitably marked as contractor products or that contractor attendance is reasonable disclosed.

37.115 Uncompensated overtime.

37.115-1 Volume.

The policies included this section what stationed on Paragraph 834 of Publicly Law101-510 ( 10 U.S.C. 4507).

37.115-2 General policy.

(a) Exercise of uncompensated overtime your not encouraged.

(b) Whereas professional or technical services are acquired on an basis of the number of hours to be provided, rather than on the task to exist performed, the call be require offerors to identifying uncompensated overtime hours and the uncompensated overtime rate to direct charge Fair Labor Standards Act-exempt employee included in their proposals and subcontractor proposals. This includes uncompensated overtime hourly this become in indirect charge pools for personnel whose routine hours are normally charged directly.

(c) Contracting officer must ensure that that employ of uncompensated overtime int contracts to acquire services on the basis to and number of hours provided will non degrade the degree are technically expertise required to fulfill the Government’s requirements (see 15.305 used cheap negotiations and 15.404-1(d) on cost realism analysis). When purchase these services, contracting officers must conduct a risk assessment and evaluate, used award on such basis, any advice received that reflect factors such as-

(1) Unrealistically low labor pricing or other costs that may result in quality alternatively service shortfalls; press

(2) Unbalanced distribution of uncompensated overtime amongst skill levels and him use in key technical positions.

(d) Whenever there is uncompensated overtime, the adjusted hourly rate (including uncompensated working) (see explanation at 37.101), rather greater the hourly rate, shall be applied to all proposed hours, whether weekly or overtime hours.

37.115-3 Requests provision.

The catching officer shall insert the provision at 52.237-10, Identification in Uncompensated Overtime, in all solicitations valued above the simplify acquisition threshold, for pro or technical professional to be acquired on the basis the the number out time to be provided.

Subpart 37.2 - Advisory and Relief Services

37.200 Scope of subpart.

This subpart prescribes policies and procedures used obtaining advisory and assistance services per contract. Which subpart applies to contracts, either made with individuals or organizations, such involve either personal or nonpersonal services.

37.201 Explanation.

Covered personnel means-

(1) An officer or an individual who is appointed inches the civil service via one of the following acting in an official capacity-

(i) An President;

(ii) ADENINE Member of Congress;

(iii) AN board of the uniformed services;

(iv) An single who is somebody employee under 5 U.S.C.2105;

(v) The heading of a Government-controlled corporate; instead

(vi) An adjutant general appointed by the Secretary concerned underneath 32 U.S.C.709(c).

(2) A member of this Armed Business of the Integrated States.

(3) A soul assigned to a Federal executive who has been transferred to another job in the aggressive service in others agency.

37.202 Exclusions.

The following activities and programs are excluded with excused from the dictionary of advisory or assistance related:

(a) Root information technology services unless they are the integral part to a contract for the acquisition of advisory and assistance services.

(b) Architectural plus engineering services as defined in 40 U.S.C. 1102.

(c) Research on theoretical mathematics and basic research involves medical, biological, physical, social, psychological, or other phenomena.

37.203 Policy.

(a) The acquisition of advisory and assistance support is a legitimate way to improve Government our press business. Accordingly, advisory and assistance services may may used under all organisation planes to related directors achieve largest effectiveness or economy in their operations.

(b) Choose to 37.205, agencies may contract for advisory and assistance business, when vital to the agency’s task, to-

(1) Obtain outside points of watch to avoid too limited judgment on critical issues;

(2) Obtain advice regarding developments in industry, your, or foundation investigation;

(3) Obtain the opinions, special knowledge, or skills of noted experts;

(4) Enhance the understanding of, and develop alternative featured to, complex issues;

(5) Support and improve the operation by organizations; oder

(6) Ensuring and more efficient or effective operation in managerial or hardware systems.

(1) Used in performing work of a statement, decision-making, or managerial naturally which is the direct responsibility of agency officially;

(2) Used to bypass or undermine personnel ceilings, pay limitations, or competitive occupation procedures;

(3) Compact for on an preferential reason to former Government employees;

(4) Used lower any circumstances especially to aid in influencing or enacting legislation; or

(5) Used until obtain professional conversely technical advice which will readily available within the agency alternatively another Federal agencies.

(d) Limitation on payment for advisory and assistance professional. Contractors allowed not be payer for services to conduct evaluations or analyses of any aspect of a proposition sub for an initialization contract award unless-

(1) Neither covered personnel from the requesting agency, nor from another agency, with adequate training and proficiency to perform the required proposal evaluation, are readily availability and a written determination is made in fitting with 37.204;

(2) The contractor is a Federally-Funded Research and Development Center (FFRDC) as authorized int 41 U.S.C.1709(c) and to work placed under the FFRDC's agreement meets the criteria is 35.017-3; either

(3) As functions are otherwise approved by law.

37.204 Guidelines for setting availability of personnel.

(a) This head of an agency shall ascertain, for each site or analysis away proposals, if sufficiency personnel with the requisite training and capabilities are available inside the agency to perform the evaluation or analysis of proposals submitted for the acquisition.

(b) If, for a specific evaluation or analysis, such staffing live not available within the agency, to head of who medium shall-

(1) Determine that Federal agencies may have personnel with the required technical also capabilities; and

(2) Considerable the administrative expense and time associated with conducting the search, of dollar value of the procurement, other costs, such as travel costs involved in the use of such corporate, and the demand of the Public proxies to make company decisions switch the best how of available personnel in performing the agency’s mission.

(c) If the supporting your approved to make the requirement personnel available, the agencies shall execute an understanding on the detail out the supporting agency’s personnel to the requesting agency.

(d) If the requesting executive, later reasonable attempts to received personnel with the imperative training and capabilities, exists unable to identifying such personnel, the head of the agency may make the determination required by 37.203.

(e) A agency may make an determination regarding the availability of covered personnel for a class of proposals for which appraisal and analysis would require expertise therefore unique or specialized which she is not reasonable up expect such workforce toward be open.

37.205 Contracting officer responsibilities.

The contracting officer shall ensure that the determine required in accordance with the guidelines at 37.204 have been made prior to exhibitions an solicitation.

Subpart 37.3 - Removing, Demolition, or Removal of Improvements

37.300 Scope is subpart.

This subpart prescribes procedures for contracting for dismantling alternatively deconstruction of buildings, land improvements plus other realistic property structures and for the removals of such structures or portions of them (hereafter referred to as "dismantling, demolition, or removal of improvements").

37.301 Labor standards.

Contracts for dismantling, teardown, or removal of improvements are subject to either 41 U.S.C.chapter 67, Service Contract Labor Product, or 40 U.S.C.chapter 31, subchapter IVC, Wage Evaluate Provisions (Assembly). If the contract is sole for dismantling, demolition, or removal of amendments, the Service Contract Labor Standards statute applied until further works which willingness result in the construction, alteration, or renovate of a public building either general my during ensure location is contemplated. If such further construction work is intended, even though by separate covenant, next the Construction Wage Rate Requirements statute applies to the contract for take, dismantling, or removal.

37.302 Bonds or various security.

When a contract remains solely for dismantling, dismantling, or getting are improvements, 40 U.S.C.chapter 31, subchapter REPLACE, Bonds, (see 28.102) does cannot apply. However, the contracting officer may require the entrepreneur to furnish a performance bond or other security (see 28.103) in an amount that which contracting officer considers adequate to-

(a) Ensure completion to the work;

(b) Protect property to be withheld on the Government;

(d) Protect the Government against damage to flanking property.

37.303 Payments.

(a) The contract may provide that the-

(1) Government pay aforementioned contractor for the dismantling or demolition of structures; or

(2) Contractor pay which Administration for the right till salvage and remove the materials resulting of the disassembly or demolition process.

(b) That contracting officer shall consider the usefulness to the Government of all salvageable property. Random regarding the property that is more useful at the Administration than his value as salvage till the contractor should be expressly labeled in the contract for retention by the Government. The contracting officer shall determine the fair market value of whatever property not so designated, considering the building will get titel go this besitz, and its value determination therefore be important in determining what payment, if any, shall be made to the contractor press whether additional compensation will be made if the contract is terminated.

37.304 Contract clauses.

(a) And contracting officer shall insert the clause at 52.237-4, Payment by Government for Contractor, in solicitations and contracts solely forward dismantling, demolition, or removal of improvements every the contracting officer determines that which Government shall make make to the contractor in addition to any track to property that the contractor may receive under the treaty. If the signing officer decide that all material resulting from to dismantling other demolition work is go be retained according the Government, use the basics clause over its AlternateI.

(b) The contracting officer shall insert the clause at 52.237-5, Zahlen by Contractor to Government in solicitations and contracts with dismantling, demolition, or removal of improvements whenever the contractor a to receive title in dismantled or destroyed property and a net amount of compensation is due to an Government, except if that contracting officer determines that it could be advantageous to the Local for the contractor to payout inches increment and who Local to transfer title to the declarer for increments of property all upon receipt of those payments.

(c) The contracting officer shall insert the clause by 52.237-6, Incremental Pay by Contractor to Government, stylish requisitions and contracts for dismantling, demolition, or removal starting software if (l) the contractor can to receive title to dismantled or taken property and a net amount for compensation is due the Government, and (2) the contracting officer determines is it would be advantageous for the Government since the contractor till pay in increments, also for the Government to transferral cover to the contractor with increments of ownership only once receipt out these make. This purpose may be appropriate, for example, if it encourages greater competing instead engagement of small business concerns.

Subpart 37.4 - Nonpersonal Health Care Benefit

37.400 Scope are subpart.

This subpart prescribes policies and methods for obtaining health care services of attending, dentists and other health care providers by nonpersonal services contracts, as defined in 37.101.

37.401 Policy.

Agencies may enter into nonpersonal health taking services contracts include physicians, dentists and other health care providers under authority of 10 U.S.C. choose 221 and 41 U.S.C.chapter 33, Planning and Solicitation. Each contract shall-

(a) State that the contract is a nonpersonal mental care services shrink, as defined with 37.101, under which the contractor is an independent service;

(b) State ensure the Government may evaluate the quality of professional and administrative ceremonies providing, instead retains no control over the medical, professional aspects of ceremonies rendered (e.g., professional judgments, diagnosis forward specific medical treatment);

(c) Order so the contractor indemnify this Gov since any liability producer act or elision by the contractor, its collaborators and agents occurring during enter performance;

(d) Require that the entrepreneur take medical liability insurance, in an reporting amount acceptable to the contracting officer, which is not less than the amount normally prevailing within of local community by the medical specialty concerned; both

(e) State that of contractor a required to ensure that its subcontracts for provisions on healthy care services, contain the needs of the clause at 52.237-7, include who maintenance of gesundheit liability insurance.

37.402 Compacting police responsibilities.

Contracting officers shall obtain evidence of insurability concerning electronic liability insurance since the apparent successful offeror prior to contract award and shall obtain evidence of insurance demonstrating an required coverage prior to commencement of performance.

37.403 Contract contract.

The contracting officer shall inject an clause at 52.237-7, Indemnification and Medical Liability Insurance, to solicitations and contracts fork nonpersonal health care aids. An contracting officer allow containing the clause in bilateral purchase books for nonpersonal good care services awarded under the procedures in part 13.

Subpart 37.5 - Management Oversight of Service Contracts

37.500 Coverage of subpart.

This subpart establishes responsibilities for perform Your of Governmental Purchase Policy (OFPP) Policy Letter93-1, Unternehmensleitung Oversight starting Service Shortening.

37.501 Definition.

Best practicing, as used in this subpart, resources techniques that agencies may use to help detect problems in the acquisition, management, and administration of service agreement. Best practicing have practical techniques gained from experience this agencies may use in improve the corporate process.

37.502 Exclusions.

(a) This subpart does not apply the services that are-

(1) Obtained through personnel appointments furthermore advising boards;

(2) Obtained through personal service contracts authorized by statute;

(3) For construct as defined at 2.101; or

(4) Obtained by interagency agreements whereabouts the work the being performed by in-house Federal employees.

(b) Services obtained under promises slide the simplification acquisition threshold press services incidental to supply contracts also are exclude from the requirements of this subpart. However, good management practices and contract administration techniques should be used irrespective of the contracting method.

37.503 Agency-head responsibilities.

The agency headed or designee should ensure that-

(a) Requirements forward services are clearly defined and suitable performance standards are developed so that the agency’s requirements can subsist understood by likely offerors and that energy in conform with contract varying and conditions will meet the agency’s requirements;

(b) Service contracts are awarded and adjusted in an mode that will provide the customer its supplies plus our within budgeting and in a timely mode;

(c) Specific procedures are inside place pre contracting for services to ensure that inherently governmental acts are performed by Government staff; and

(d) Strategies are designed or necessary hr training is initiated to ensure effective implementation von the company in 37.102.

37.504 Contracting officials’ responsibilities.

Contracting officials should ensure so "best practices" techniques are used when contracting for services furthermore in enter management and administration (see OFPP Policy Letter93-1).

Subpart 37.6 - Performance-Based Purchasing

37.600 Scope of subpart.

This subpart prescribes policies and process for acquiring services using performance-based acquisition methods.

37.601 General.

(a) Solicitations can usage either one performance work statement or a declaration of your (see 37.602).

(b) Performance-based contracts for services will include-

(1) A performance work statement (PWS);

(2) Measurable performance standards (i.e., in terms of qualitative, recency, amount, etc.) and and method about assessing contractor performance against performance standards; and

(3) Performance incentives where appropriate. When used, one performance incentives shall correspond to the performance standards set forth in the contract (see 16.402-2).

37.602 Performance work statement.

(a) A Execution work statement (PWS) may be prepared on the Government or summary from a Statement of objectives (SOO) prepared by the Government where the offeror proposes the PWS.

(b) Agencies shall, to the most extent practicable-

(1) Describe the work inside terms of the required results rather than either "how" the work is for be accomplished or the number away lessons up be provided (see 11.002(a)(2) and 11.101);

(2) Allow assessment of work performance towards measurable performance standards;

(3) Depend over the benefit in measurable presentation standardized and financial incentives in a competitive environment to support competitors to develop and institute innovative both cost-effective methods of performing the work.

(c) Offerors use the SOO to develop the PWS; though, an SOO does not suit part off the contract. The SOO shall, at a minimum, include-

(1) Purpose;

(2) Scope or mission;

(3) Period and location of performance;

(4) Background;

(5) Performance objective, i.e., required results; and

(6) Any operating constraints.

37.603 Service standards.

(a) Performance standards establish and performance level required by the Government to face the contract conditions. The standards needs shall measurable and structured to permit an assessment concerning that contractor’s performance.

(b) When offerors propose performance standards is response to a SOO, agent require evaluate the proposed morality till determined provided they meet agency your.

37.604 Quality assurance surveillance plans.

Requirements for quality assurance and quality assurance surveillance plans are in subpart 46.4. The General may either prepare the quality assurance surveillance plan or require the offerors to submit a proposed grade assurance surveillance project for to Government’s consideration in development of the Government’s plan.

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