DFARS Part 37

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Defense Federal Acquisition Regulation Supplement

TABLE OF CONTENTS

SUBPART 237.1--SERVICE CONTRACTS - GENERAL
237.102-70 Prohibition on contracting for firefighting or security-guard functions.
237.104 Personal services contracts.
237.106 Funding and term of service contracts.
237.109 Services of quasi-military armed forces.

SUBPART 237.2--ADVISORY AND ASSISTANCE SERVICES
237.201 Definitions.
237.203 Policy
237.270 Acquisition of audit services.
237.271 Management controls.
237.272 Requesting activity responsibilities.

SUBPART 237.70--MORTUARY SERVICES
237.7000 Scope.
237.7001 Method of acquisition.
237.7002 Area of performance.
237.7003 Distribution of contracts.
237.7004 Solicitation provisions and contract clauses.

SUBPART 237.71--LAUNDRY AND DRY CLEANING SERVICES
237.7100 Scope.
237.7101 General.
237.7102 Solicitation provisions and contract clauses.

SUBPART 237.72--EDUCATIONAL SERVICE AGREEMENTS
237.7200 Scope.
237.7201 Educational service agreement.
237.7202 Limitations.
237.7203 Duration.
237.7204 Format and clauses for educational service agreements.

SUBPART 237.73--SERVICES OF STUDENTS AT RESEARCH AND DEVELOPMENT LABORATORIES
237.7300 Scope.
237.7301 Definitions.
237.7302 General.
237.7303 Contract clauses.

SUBPART 237.74--SERVICES AT INSTALLATIONS BEING CLOSED
237.7400 Scope.
237.7401 Policy.
237.7402 Contract Clause.

PART 237 SERVICE CONTRACTING

SUBPART 237.1--SERVICE CONTRACTS - GENERAL

237.102-70 Prohibition on contracting for firefighting or security- guard functions.

237.104 Personal services contracts.

237.106 Funding and term of service contracts.

237.109 Services of quasi-military armed forces.
See 237.102-70 for prohibition on contracting for firefighting or security-guard functions.

SUBPART 237.2--ADVISORY AND ASSISTANCE SERVICES

237.201 Definitions.
Advisory and assistance services.
(c) Engineering and technical services.
Engineering and technical services consist of--
(i) Contract field services, which are engineering and technical services provided on site at Defense locations by the trained and qualified engineers and technicians of commercial or industrial companies;
(ii) Contract plant services, which are engineering and technical services provided by the trained and qualified engineers and technicians of a manufacturer of military equipment or components in the manufacturer's own plants and facilities; and
(iii) Field service representatives, who are employees of a manufacturer of military equipment or components that provide a liaison or advisory service between their company and the military users of their company's equipment or components

237.203 Policy.
(1) Every contract for engineering and technical services, alone or as part of an end item, shall--
(i) Show those services as a separately priced line item;
(ii) Contain definitive specifications for the services; and
(iii) Show the work-months involved.
(2) Agency heads may authorize personal service contracts for contract field services to meet an unusual essential mission need. The authorization will be for an interim period only.

237.270 Acquisition of audit services.

237.271 Management controls.
DoD procedures are in DoDD 4205.2, DoD Contracted Advisory and Assistance Services.

237.272 Requesting activity responsibilities.

SUBPART 237.70--MORTUARY SERVICES

237.7000 Scope.
This subpart contains acquisition procedures for contracts for mortuary services (the care of remains) for military personnel within the United States Departments/agencies may use these procedures as guidance in areas outside the United States for both deceased military and civilian personnel.

237.7001 Method of acquisition.

237.7002 Area of performance.
Determine and define the geographical area to be covered by the contract using the following general guidelines--

237.7003 Distribution of contracts.
In addition to normal contract distribution, send three copies of each contract to each activity authorized to use the contract, and two copies to each of the following--

237.7004 Solicitation provisions and contract clauses.

SUBPART 237.71--LAUNDRY AND DRY CLEANING SERVICES

237.7100 Scope.
This subpart contains acquisition procedures for laundry and dry cleaning services within the United States. It may be used as guidance in all other locations.

237.7101 General.

237.7102 Solicitation provisions and contract clauses.

SUBPART 237.72--EDUCATIONAL SERVICE AGREEMENTS

237.7200 Scope.

237.7201 Educational service agreement.

237.7202 Limitations.

237.7203 Duration.

237.7204 Format and clauses for educational service agreements.
Educational service agreements under this subpart shall be in the following format. Add to the schedule any other provisions necessary to describe the requirements, if they are consistent with the following provisions and the policy of acquiring educational services in the form of standard course offerings at the prevailing rates of the institution.
EDUCATIONAL SERVICE AGREEMENT
Agreement No.

1. This agreement entered into on the day of 19 , is between the Government, represented by the Contracting Officer, and the Contractor, (name of institution), an educational institution located in (city) , (state) .
2. This agreement is for educational services to be provided by the Contractor to Government personnel at the Contractor's institution. The Contractor shall provide instruction with standard offerings of courses available to the public.
3. The Government shall pay for services under the Contractor's normal schedule of tuition and fees applicable to the public and in effect at the time the services are performed. by modification to thisagreement or by issuance of a superseding agreement. If mutual agreement on the changes cannot be reached, the Government will terminate this agreement.
5. The parties may amend this agreement only by mutual consent.
6. This agreement shall start on the date in paragraph 1 and shall continue until terminated.
7. The estimated annual cost of this agreement is $ . This estimate is for administrative purposes only and does not impose any obligation on the Government to request any services or make any payment.
8. Advance payments are authorized by 10 U.S.C. 2396(a)(3).
9. Submit invoices to: (name and address of activity) .

SCHEDULE PROVISIONS

1. Ordering procedures and services to be provided.

2. Change in curriculum.

3. Payment.

4. Withdrawal of students.

5. Transcripts.

6. Student teaching.

7. Termination of agreement.

GENERAL PROVISIONS
Use the following clauses in educational service agreements--
1. FAR 52.202-1, Definitions, and add the following paragraphs (d) through (i).

2. FAR 52.203-1, Officials Not To Benefit.

3. FAR 52.203-3, Gratuities.
4. FAR 52.203-5, Covenant Against Contingent Fees.
5. FAR 52.204-1, Approval of Contract, if required by department/agency procedures.
6. FAR 52.215-2, Audit and Records--Negotiation.
7. FAR 52.215-18, Order of Precedence.
8. Conflicts Between Agreement and Catalog. Insert the following clause--

CONFLICTS BETWEEN AGREEMENT AND CATALOG

9. FAR 52.222-3, Convict Labor.
10. Under FAR 22.802, FAR 22.807, and FAR 22.810, use the appropriate clause from FAR 52.222-26, Equal Opportunity.
11. FAR 52.233-1, Disputes.
12. Assignment of Claims. Insert the following clause:

ASSIGNMENT OF CLAIMS
No claim under this agreement shall be assigned.
13. FAR 52.252-4, Alterations in Contract, if required by department/agency procedure.

SIGNATURE PAGE

THE UNITED STATES OF AMERICA
BY:
(Contracting Officer)

Activity
Location

(NAME OF CONTRACTOR)

BY:
(Title)

SUBPART 237.73--SERVICES OF STUDENTS AT RESEARCH AND
DEVELOPMENT LABORATORIES

237.7300 Scope.
This subpart prescribes procedures for acquisition of temporary or intermittent services of students at institutions of higher learning for the purpose of providing technical support at defense research and development laboratories (10 U.S.C. 2360).

237.7301 Definitions.
As used in this subpart--

237.7302 General.
Generally, agencies will acquire services of students at institutions of higher learning by contract betweena nonprofit organization employing the student and the Government. When it is in the best interest of the Government, contracts may be made directly with students. These services are not subject to the requirements of FAR Part 19, FAR 13.105, or DFARS Part 219. Award authority for these contracts is 10 U.S.C. 2304(a)(1) and 10 U.S.C. 2360.

237.7303 Contract clauses.
Contracts made directly with students are nonpersonal service contracts but shall include the clauses at FAR 52.232-3, Payments Under Personal Services Contracts, and FAR 52.249-12, Termination (Personal Services).

SUBPART 237.74--SERVICES AT INSTALLATIONS BEING CLOSED.

237.7400 Scope
This subpart prescribes procedures for contracting, through use of other than full and open competition, with local governments for police, fire protection, airfield operation, or other community services at military installations to be closed under the Defense Authorization Amendments and Base Closure and Realignment Act (Pub. L. 100-526), as amended, and the Defense Base Closure and Realignment Act of 1990 (Pub. L. 101-510), as amended.

237.7401 General Policy.
The authority in 206.302-5(b)(ii) to contract with local governments--

237.7402 Contract clause.
Use the clause at 252.237-7022, Services at Installations Being Closed, in solicitations and contracts based upon the authority of this subpart.

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