Subpart 537.1 - Service Contracts—General

Parent topic: Part 537 - Service Contracting

537.101 Definitions.

“Contracts for building services” means contracts for services relating to the operation and

maintenance of a building (e.g., janitorial, window washing, snow removal, trash removal, lawn and

grounds care), inspection, maintenance, repair or replacement of building systems or equipment

(e.g., elevators, air-conditioning, heating systems, and protection or guard service).

537.102-70 Application of performance-based acquisition (PBA) policy for

leases and leasehold interests in real property.

GSA contracting activities are not required to use PBA methods for leases and leasehold interests in

real property. However, contracting activities are not precluded from using PBA methods when

contracting for leases or leasehold interests in real property if using PBA best meets the

Government’s needs.

537.104 Personal Services Contracts.

(a) General. GSA is generally not authorized to award personal service contracts. Personal services

contracts are often triggered by perception, in particular when it is hard to differentiate between

contractor employees and Federal employees. GSA contracting activities should avoid engaging in

personal services contracts as described in FAR 37.104, unless excepted (see paragraph (b)), and

work to establish and administer contracts such that the risk of the appearance of personal service

contracts is mitigated and documented in the file. For more information on how to administer

service contracts and avoid inappropriate personal service contract perception, see 537.504.

(b) Exceptions. There are limited exceptions in which GSA may actively engage in personal service

type contracts:

(1) A contracting officer may enter into a personal services contract if the acquisition is being

conducted on behalf of another agency who has statutory authority to enter into personal service

contracts specific to that acquisition The contracting officer must obtain the written concurrence of

the Office of Legal Counsel and the Contracting Directors prior to issuing a solicitation.

(2) A contracting officer may enter into a personal services contract for GSA use only after obtaining

the written concurrence of the Office of Legal Counsel and of the Contracting Director. See

FAR 37.104(e) and GSA Order ADM 5000.4, Office of General Counsel Legal Review.

(3) GSA has authority to enter into contracts for personal services for Information Technology, per

40 USC 321(c)(1)(A)(iii), only when the contract is less than one year in duration, after meeting the

requirements above.

(c) Delegating Responsibilities. Contracting officers must ensure any contracting officer's
representative (COR) delegation letter includes language regarding personal service contract

responsibilities. Standard delegation language can be found on GSA's Acquisition Portal at

https://insite.gsa.gov/acquisitionportal.

537.106 Funding and term of service contracts.

517.101 identifies GSA-specific statutory authority for multiyear contracts for certain services.

537.110 Contract clauses.

(a) Contracts for building services. Except for solicitations and contracts for building services placed

under FAR subpart 8.7, insert the clause at 552.237-71, Qualifications of Employees, in solicitations

and contracts for building services that are anticipated to exceed the simplified acquisition

threshold.

(b) Contracts for guard services. Insert the clause at 552.237-72, Prohibition Regarding “QuasiMilitary Armed Forces,” in solicitations and contracts for guard services.