U.S. flag
          An official website of the United States Government  Main navigation
  

        

              Data Initiatives
                              Regulations
                                                                        Row 1
                                              FAR FAR
                              Smart Matrix Smart Matrix
                              Chapter 99 (CAS) Chapter 99 (CAS)
                              Row 2
                                              DFARS DFARS
                              DFARSPGI DFARSPGI
                              AFARS AFARS
                              DAFFARS DAFFARS
                              DAFFARS MP DAFFARS MP
                              DARS DARS
                              DLAD DLAD
                              NMCARS NMCARS
                              Row 3
                                              SOFARS SOFARS
                              TRANSFARS TRANSFARS
                              AGAR AGAR
                              AIDAR AIDAR
                              CAR CAR
                              DEAR DEAR
                              DIAR DIAR
                              DOLAR DOLAR
                              Row 4
                                              DOSAR DOSAR
                              DTAR DTAR
                              EDAR EDAR
                              EPAAR EPAAR
                              FEHBAR FEHBAR
                              GSAM/R GSAM/R
                              HHSAR HHSAR
                              HSAR HSAR
                              Row 5
                                              HUDAR HUDAR
                              IAAR IAAR
                              JAR JAR
                              LIFAR LIFAR
                              NFS NFS
                              NRCAR NRCAR
                              TAR TAR
                              VAAR VAAR
                              Tools
                                                                        Archives
                              Smart Matrix
                              Regulations Search
                              Acquisition Regulation Comparator (ARC)
                              Policy Network
                                                                        CAOC
                              CAAC
                              FAR Council
                              ISDC
 Breadcrumb
        Home
                            Regulations
                            AGAR
                            PART 437 - SERVICE CONTRACTING
        
                  HTML
AGARPart Number: 437
        
                  

                                
                  
        Agriculture Acquisition Regulation
« PreviousNext »
PART 437 - SERVICE CONTRACTING       Authority:                            5 U.S.C. 301 and 40 U.S.C. 486(c).          Source:                            61 FR 53646, Oct. 15, 1996, unless otherwise noted.                                       Subpart 437.1 - Service Contracts - General                                                         437.104 Personal services contracts.                                                            437.110 Solicitation provisions and contract clauses.                                                                             Subpart 437.2 - Advisory and Assistance Services                                                         437.203 Policy.                                                            437.204 Guidelines for determining availability of personnel.                                                            437.270 Solicitation and contract clauses.    **Parent topic:**  SUBCHAPTER F - SPECIAL CATEGORIES OF CONTRACTINGSubpart 437.1 - Service Contracts - General    437.104 Personal services contracts.       USDA has the following specific statutory authorities to contract for personal services:          (a) Section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) authorizes contracting with persons or organizations on a temporary basis, without regard to civil service compensation classification standards in 5 U.S.C., Chapter 51 and Subchapter III of Chapter 53, *Provided:*          (1) That no expenditures shall be made unless specifically provided for in the applicable appropriation, and          (2) Expenditures do not exceed any limitations prescribed in the appropriation.          (b) 7 U.S.C. 1627 authorizes the Secretary of Agriculture to contract with technically qualified persons, firms or organizations to perform research, inspection, classification, technical, or other special services, without regard to the civil-service laws, *Provided:* it is for a temporary basis and for a term not to exceed six months in any fiscal year.437.110 Solicitation provisions and contract clauses.       (a) The contracting officer shall insert a clause substantially the same as the clause at 452.237-70, Loss Damage, Destruction or Repair, in contracts for equipment rental, whether the equipment is furnished with or without operator.          (b) The contracting officer shall insert a provision substantially the same as the clause at 452.237-71, Pre-Bid/Pre-Proposal Conference, in all solicitations if a conference with prospective offerors will be held prior to the submittal of bids or proposals.          (c) The contracting officer shall insert the provision at 452.237-73, Equipment Inspection visit, in solicitations if work is to be done on Government equipment and an offeror's inspection is encouraged for an understanding of the work to be performed prior to submittal of bids or proposals.          (d) The contracting officer shall insert a clause substantially the same as the clause at 452.237-74, Key Personnel, in contracts if contract performance requires identification of the contractor's key personnel.          (e) The contracting officer shall insert a clause substantially the same as the clause at 452.237-75, Restrictions Against Disclosure, in service contracts (including architect-engineer contracts) requiring restrictions on release of information developed or obtained in connection with performance of the contract.Subpart 437.2 - Advisory and Assistance Services    437.203 Policy.       Contracting for advisory and assistance services is subject to the policy and procedures in Departmental Regulations (5000 series).437.204 Guidelines for determining availability of personnel.       The head of the contracting activity (HCA) is authorized to approve the use of non-Government evaluators in proposal evaluation. Each such decision shall be supported by a written determination in accordance with FAR 37.204.437.270 Solicitation and contract clauses.       (a) The contracting officer shall insert a clause substantially the same as the clause at 452.237-76, Progress Reporting, in all contracts for advisory and assistance services. It may also be used in other service contracts.          (b) The contracting officer shall insert a clause substantially the same as the clause at 452.237-78, Contracts with Consulting Firms for Services, in solicitations and contracts for consulting services which prohibit follow-on contracts with the contracting firm.
« PreviousNext »
FavoriteX

      AGAR Parts
            Regulations Agar Menu
  

        
      Index
                              400
                              401
                              402
                              403
                              404
                              405
                              406
                              407
                              408
                              409
                              410
                              411
                              412
                              413
                              414
                              415
                              416
                              417
                              418
                              419
                              420
                              422
                              423
                              424
                              425
                              426
                              427
                              428
                              429
                              430
                              431
                              432
                              433
                              434
                              435
                              436
                              437
                              438
                              439
                              440
                              441
                              442
                              443
                              445
                              446
                              447
                              448
                              449
                              450
                              451
                              452
                              453
                              470
                              471

      ×
        Data Initiatives
                                                              Regulations
                                                              Tools
                                              Archives
                                                              Smart Matrix
                                                              Regulations Search
                                                              Acquisition Regulation Comparator (ARC)
                                                              Policy Network
                                              CAO.gov
                                                        CAO Home
                                                              Council Member
                                                                    Large Agencies
                                                              Small Agencies
                                                              Council Defining Documents
                                                                    CAOC History
                                                              CAOC Charter
                                                              Civilian Agency Acquisition Council (CAAC)
                                                              Federal Acquisition Regulatory Council
                                                              Interagency Suspension and Debarment Committee (ISDC)
                                                              Search
 ˄ Top Sign up for FAR News

                            Share the FAR
                        Upper Footer Menu
  

        
      Useful Links
                              FAR Resources
                              Training
                              Acquisition Systems
            
                            **Contact Us/FAQs**
                        **Privacy and Security Notice**
                        **Accessibility Aids**
                        **Last Updated 03/29/2024**
 ACQUISITION.GOV
                An official website of the General Services Administration About GSA
                Accessibility support
                FOIA requests
                No FEAR Act data
                Office of the Inspector General
                Performance reports
                Privacy policy Looking for U.S. government information and services?
            Visit USA.gov
 «
    
    Tt