Part 237 - SERVICE CONTRACTING

Subpart 237.1 - SERVICE CONTRACTS—GENERAL

237.101 Definitions.

237.102 Policy.

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

237.102-71 Limitation on service contracts for military flight simulators.

237.102-72 Contracts for management services.

237.102-73 Prohibition on contracts for services of senior mentors.

237.102-74 Taxonomy for the acquisition of services, and supplies and equipment.

237.102-75 Defense Acquisition Guidebook.

237.102-76 Acquisition of computer software and computer software documentation under services

contracts.

237.102-77 Acquisition requirements roadmap tool.

237.102-78 Market research report guide for improving the tradecraft in services acquisition.

237.102-79 Private sector notification requirements in support of in-sourcing actions.

237.104 Personal services contracts.

237.106 Funding and term of service contracts.

237.109 Services of quasi-military armed forces.

237.170 Approval of contracts and task orders for services.

237.170-1 Scope.

237.170-2 Approval requirements.

237.171 Training for contractor personnel interacting with detainees.

237.171-1 Scope.

237.171-2 Definition.

237.171-3 Policy.

237.171-4 Contract clause.

237.172 Service contracts surveillance.
237.173 Prohibition on interrogation of detainees by contractor personnel.

237.173-1 Scope.

237.173-2 Definitions. As used in this subpart237.173-3 Policy.

237.173-4 Waiver.

237.173-5 Contract clause.

237.174 Disclosure of information to litigation support contractors.

237.175 Training that uses live vertebrate animals.

Subpart 237.2 - ADVISORY AND ASSISTANCE SERVICES

237.270 Acquisition of audit services.

Subpart 237.5 - MANAGEMENT OVERSIGHT OF SERVICE CONTRACTS

237.503 Agency-head responsibilities.

Subpart 237.6 - (REMOVED)

Subpart 237.70 - MORTUARY SERVICES

237.7000 Scope.

237.7001 Method of acquisition.

237.7002 Area of performance and distribution of contracts.

237.7003 Solicitation provisions and contract clauses.

Subpart 237.71 - LAUNDRY AND DRY CLEANING SERVICES

237.7100 Scope.

237.7101 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.

Subpart 237.75 - ACQUISITION AND MANAGEMENT OF INDUSTRIAL RESOURCES

237.7501 Definition.

237.7502 Policy.

Subpart 237.76 - CONTINUATION OFESSENTIAL CONTRACTOR SERVICES

237.7600 Scope.

237.7601 Definitions.

237.7602 Policy.

237.7603 Solicitation provision and contract clause.

Subpart 237.77 - COMPETITION FOR RELIGIOUS-RELATED SERVICES

237.7700 Scope of subpart.

237.7701 Definition. As used in this subpart—

237.7702 Policy.

Subpart 237.78 - TRANSFER AND ADOPTION OF MILITARY ANIMALS

237.7800 Scope of subpart.

237.7801 Definition.

237.7802 Policy.

237.7803 Procedures.

237.7804 Contract clause.

Parent topic: Defense Federal Acquisition Regulation
Subpart 237.1 - SERVICE CONTRACTS—GENERAL

237.101 Definitions.

As used in this subpart—

“Increased performance of security-guard functions,”

(1) In the case of an installation or facility where no security-guard functions were performed as of

September 10, 2001, the entire scope or extent of the performance of security-guard functions at the

installation or facility after such date; and

(2) In the case of an installation or facility where security-guard functions were performed within a

lesser scope of requirements or to a lesser extent as of September 10, 2001, than after such date,

the increment of the performance of security-guard functions at the installation or facility that

exceeds such lesser scope of requirements or extent of performance.

“Senior mentors” means retired flag, general, or other military officers or retired senior civilian

officials who provide expert experience-based mentoring, teaching, training, advice, and

recommendations to senior military officers, staff, and students as they participate in war games,

warfighting courses, operational planning, operational exercises, and decision-making exercises.

237.102 Policy.

(b)(1) Preference for certain commercial services. See 212.272 for procedures for implementation of

the preference for commercial facilities-related services, knowledge-based services (except

engineering services), medical services, or transportation services, as required by section 876 of the

National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328).

(2) Public-private competitions. See PGI 207.302 for information on the Governmentwide

moratorium and restrictions on public-private competitions conducted pursuant to Office of

Management and Budget (OMB) Circular A-76.

(c) In addition to the prohibition on award of contracts for the performance of inherently

governmental functions, contracting officers shall not award contracts for functions that are exempt

from private sector performance. See 207.503 (e) for the associated documentation requirement.

(e) Program officials shall obtain assistance from contracting officials through the Peer Review

process at 201.170 .

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

(a) Under 10 U.S.C. 2465, the DoD is prohibited from entering into contracts for the performance of

firefighting or security-guard functions at any military installation or facility unless—

(1) The contract is to be carried out at a location outside the United States and its outlying areas at

which members of the armed forces would have to be used for the performance of firefighting or

security-guard functions at the expense of unit readiness;
(2) The contract will be carried out on a Government-owned but privately operated installation;

(3) The contract (or renewal of a contract) is for the performance of a function under contract on

September 24, 1983; or

(4) The contract—

(i) Is for the performance of firefighting functions;

(ii) Is for a period of 1 year or less; and

(iii) Covers only the performance of firefighting functions that, in the absence of the contract, would

have to be performed by members of the armed forces who are not readily available to perform such

functions by reason of a deployment.

(b) Under Section 2907 of Pub. L. 103-160, this prohibition does not apply to services at installations

being closed (see Subpart 237.74).

(c)(1) Under section 332 of Public Law 107-314, as amended by section 333 of Public Law 109-364

and section 343 of Public Law 110-181, this prohibition does not apply to any contract that is

entered into for any increased performance of security-guard functions at a military installation or

facility undertaken in response to the terrorist attacks on the United States on September 11, 2001,

if–

(i) Without the contract, members of the Armed Forces are or would be used to perform the

increased security-guard functions;

(ii) The agency has determined that—

(A) Recruiting and training standards for the personnel who are to perform the security-guard

functions are comparable to the recruiting and training standards for DoD personnel who perform

the same security-guard functions;

(B) Contractor personnel performing such functions will be effectively supervised, reviewed, and

evaluated; and

(C) Performance of such functions will not result in a reduction in the security of the installation or

facility;

(iii) Contract performance will not extend beyond September 30, 2012; and

(iv) The total number of personnel employed to perform security-guard functions under all contracts

entered into pursuant to this authority does not exceed the following limitations:

(A) For fiscal year 2007, the total number of such personnel employed under such contracts on

October 1, 2006.

(B) For fiscal year 2008, the number equal to 90 percent of the total number of such personnel

employed under such contracts on October 1, 2006.

(C) For fiscal year 2009, the number equal to 80 percent of the total number of such personnel

employed under such contracts on October 1, 2006.

(D) For fiscal year 2010, the number equal to 70 percent of the total number of such personnel
employed under such contracts on October 1, 2006.

(E) For fiscal year 2011, the number equal to 60 percent of the total number of such personnel

employed under such contracts on October 1, 2006.

(F) For fiscal year 2012, the number equal to 50 percent of the total number of such personnel

employed under such contracts on October 1, 2006.

(2) Follow the procedures at PGI 237.102-70 (c) to ensure that the personnel limitations specified in

paragraph (c)(1)(iv) of this subsection are not exceeded.

237.102-71 Limitation on service contracts for military flight simulators.

(a) Definitions. As used in this subsection—

(1) “Military flight simulator” means any system to simulate the form, fit, and function of a military

aircraft that has no commonly available commercial variant.

(2) “Service contract” means any contract entered into by DoD, the principal purpose of which is to

furnish services in the United States through the use of service employees as defined in 41 U.S.C.

6701.

(b) Under Section 832 of Pub. L. 109-364, as amended by Section 883(b) of Pub. L. 110-181, DoD is

prohibited from entering into a service contract to acquire a military flight simulator. However, the

Secretary of Defense may waive this prohibition with respect to a contract, if the Secretary—

(1) Determines that a waiver is in the national interest; and

(2) Provides an economic analysis to the congressional defense committees at least 30 days before

the waiver takes effect. This economic analysis shall include, at a minimum—

(i) A clear explanation of the need for the contract; and

(ii) An examination of at least two alternatives for fulfilling the requirements that the contract is

meant to fulfill, including the following with respect to each alternative:

(A) A rationale for including the alternative.

(B) A cost estimate of the alternative and an analysis of the quality of each cost estimate.

(C) A discussion of the benefits to be realized from the alternative.

(D) A best value determination of each alternative and a detailed explanation of the life-cycle cost

calculations used in the determination.

(c) When reviewing requirements or participating in acquisition planning that would result in a

military department or defense agency acquiring a military flight simulator, the contracting officer

shall notify the program officials of the prohibition in paragraph (b) of this subsection. If the

program officials decide to request a waiver from the Secretary of Defense under paragraph (b) of

this subsection, the contracting officer shall follow the procedures at PGI 237.102-71 .
237.102-72 Contracts for management services.

In accordance with Section 802 of the National Defense Authorization Act for Fiscal Year 2008 (Pub.

L. 110-181), DoD may award a contract for the acquisition of services the primary purpose of which

is to perform acquisition support functions with respect to the development or production of a major

system, only if—

(a) The contract prohibits the contractor from performing inherently governmental functions;

(b) The DoD organization responsible for the development or production of the major system ensures

that Federal employees are responsible for determining—

(1) Courses of action to be taken in the best interest of the Government; and

(2) Best technical performance for the warfighter; and

(c) The contract requires that the prime contractor for the contract may not advise or recommend

the award of a contract or subcontract for the development or production of the major system to an

entity owned in whole or in part by the prime contractor.

237.102-73 Prohibition on contracts for services of senior mentors.

DoD is prohibited from entering into contracts for the services of senior mentors. See PGI

237.102-73 for references to DoD policy and implementation guidance.

237.102-74 Taxonomy for the acquisition of services, and supplies and equipment.

See PGI 237.102-74 for further guidance on the taxonomy for the acquisition of services and the

acquisition of supplies and equipment.

237.102-75 Defense Acquisition Guidebook.

See PGI 237.102-75 for information on the Defense Acquisition Guidebook, Chapter 10, Acquisition

of Services.

237.102-76 Acquisition of computer software and computer software documentation under

services contracts.

(a) See 227.7202 for policy on the acquisition of commercial computer software and commercial

computer software documentation for services contracts that require the development or

modification of commercial computer software.

(b) See 227.7203 for policy on the acquisition of other than commercial computer software and other

than commercial computer software documentation for services contracts that require the

development or modification of other than commercial computer software.
237.102-77 Acquisition requirements roadmap tool.

See PGI 237.102-77 for guidance on using the Acquisition Requirements Roadmap Tool to develop

and organize performance requirements into draft versions of the performance work statement, the

quality assurance surveillance plan, and the performance requirements summary.

237.102-78 Market research report guide for improving the tradecraft in services

acquisition.

See PGI 210.070 for guidance on use of the market research report guide to conduct and document

market research for service acquisitions.

237.102-79 Private sector notification requirements in support of in-sourcing actions.

In accordance with 10 U.S.C. 2463, contracting officers shall provide written notification to affected

incumbent contractors of Government in-sourcing determinations. Notification shall be provided

within 20 business days of the contracting officer's receipt of a decision from the cognizant

component in-sourcing program official. The notification will summarize the requiring official's final

determination as to why the service is being in-sourced and shall be coordinated with the

component's in-sourcing program official. No formal hiring or contract-related actions may be

initiated prior to such notification, except for preliminary internal actions associated with hiring or

contract modification. See the OASD (RFM) memorandum entitled “Private Sector Notification

Requirements in Support of In-sourcing Actions,” dated January 29, 2013, for further information,

which is available at PGI 237.102-79 .

237.104 Personal services contracts.

(b)(i) Authorization to acquire the personal services of experts and consultants is included in 10

U.S.C. 129b. Personal service contracts for expert and consultant services must also be authorized

by a determination and findings (D&F) in accordance with department/agency regulations.

(A) Generally, the D&F should authorize one contract at a time; however, an authorizing official may

issue a blanket D&F for classes of contracts.

(B) Prepare each D&F in accordance with FAR 1.7 and include a determination that—

(1) The duties are of a temporary or intermittent nature;

(2) Acquisition of the services is advantageous to the national defense;

(3) DoD personnel with necessary skills are not available;

(4) Excepted appointment cannot be obtained;

(5) A nonpersonal services contract is not practicable;

(6) Statutory authority, 5 U.S.C. 3109 and other legislation, apply; and
(7) Any other determination required by statues has been made.

(ii) Personal services contracts for health care are authorized by 10 U.S.C. 1091.

(A) This authority may be used to acquire—

(1) Direct health care services provided in medical treatment facilities;

(2) Health care services at locations outside of medical treatment facilities (such as the provision of

medical screening examinations at military entrance processing stations); and

(3) Services of clinical counselors, family advocacy program staff, and victim’s services

representatives to members of the Armed Forces and covered beneficiaries who require such

services, provided in medical treatment facilities or elsewhere. Persons with whom a personal

services contract may be entered into under this authority include clinical social workers,

psychologists, psychiatrists, and other comparable professionals who have advanced degrees in

counseling or related academic disciplines and who meet all requirements for State licensure and

board certification requirements, if any, within their fields of specialization.

(B) Sources for personal services contracts with individuals under the authority of 10 U.S.C. 1091

shall be selected through the procedures in this section. These procedures do not apply to contracts

awarded to business entities other than individuals. Selections made using the procedures in this

section are exempt by statute from FAR Part 6 competition requirements (see 206.001 (b)).

(C) Approval requirements for—

(1) Direct health care personal services contracts (see paragraphs (b)(ii)(A)(1) and (2) of this section)

and a pay cap are in DoDI 6025.5, Personal Services Contracts for Health Care Providers.

(i) A request to enter into a personal services contract for direct health care services must be

approved by the commander of the medical/dental treatment facility where the services will be

performed.

(ii) A request to enter into a personal services contract for a location outside of a medical treatment

facility must be approved by the chief of the medical facility who is responsible for the area in which

the services will be performed.

(2) Services of clinical counselors, family advocacy program staff, and victim’s services

representatives (see paragraph (b)(ii)(A)(3) of this section), shall be in accordance with agency

procedures.

(D) The contracting officer must ensure that the requiring activity provides a copy of the approval

with the purchase request.

(E) The contracting officer must provide adequate advance notice of contracting opportunities to

individuals residing in the area of the facility. The notice must include the qualification criteria

against which individuals responding will be evaluated. The contracting officer shall solicit

applicants through at least one local publication which serves the area of the facility. Acquisitions

under this section for personal service contracts are exempt from the posting and synopsis

requirements of FAR Part 5.

(F) The contracting officer shall provide the qualifications of individuals responding to the notice to

the commander of the facility for evaluation and ranking in accordance with agency procedures.
Individuals must be considered solely on the basis of the professional qualifications established for

the particular personal services being acquired and the Government’s estimate of reasonable rates,

fees, or other costs. The commander of the facility shall provide the contracting officer with

rationale for the ranking of individuals, consistent with the required qualifications.

(G) Upon receipt from the facility of the ranked listing of applicants, the contracting officer shall

either—

(1) Enter into negotiations with the highest ranked applicant. If a mutually satisfactory contract

cannot be negotiated, the contracting officer shall terminate negotiations with the highest ranked

applicant and enter into negotiations with the next highest.

(2) Enter into negotiations with all qualified applicants and select on the basis of qualifications and

rates, fees, or other costs.

(H) In the event only one individual responds to an advertised requirement, the contracting officer is

authorized to negotiate the contract award. In this case, the individual must still meet the minimum

qualifications of the requirement and the contracting officer must be able to make a determination

that the price is fair and reasonable.

(I) If a fair and reasonable price cannot be obtained from a qualified individual, the requirement

should be canceled and acquired using procedures other than those set forth in this section.

(iii)(A) In accordance with 10 U.S.C. 129b(d), an agency may enter into a personal services contract

if—

(1) The personal services—

(i) Are to be provided by individuals outside the United States, regardless of their nationality;

(ii) Directly support the mission of a defense intelligence component or counter-intelligence

organization of DoD; or

(iii) Directly support the mission of the special operations command of DoD; and

(2) The head of the contracting activity provides written approval for the proposed contract. The

approval shall include a determination that addresses the following:

(i) The services to be procured are urgent or unique;

(ii) It would not be practical to obtain such services by other means; and

(iii) For acquisition of services in accordance with paragraph (b)(iii)(A)(1)(i) of this section, the

services to be acquired are necessary and appropriate for supporting DoD activities and programs

outside the United States.

(B) The contracting officer shall ensure that the applicable requirements of paragraph (b)(iii)(A)(2)

of this section have been satisfied and shall include the approval documentation in the contract file.

(iv) The requirements of 5 U.S.C. 3109, Employment of Experts and Consultants; Temporary or

Intermittent, do not apply to contracts entered into in accordance with paragraph (b)(iii) of this

section.

(d) See 237.503 (c) for requirements for certification and approval of requirements for services to
prevent contracts from being awarded or administered in a manner that constitutes an unauthorized

personal services contract.

(f)(i) Payment to each expert or consultant for personal services under 5 U.S.C. 3109 shall not

exceed the highest rate fixed by the Classification Act Schedules for grade GS-15 (see 5 CFR

304.105(a)).

(ii) The contract may provide for the same per diem and travel expenses authorized for a

Government employee, including actual transportation and per diem in lieu of subsistence for travel

between home or place of business and official duty station.

(iii) Coordinate with the civilian personnel office on benefits, taxes, personnel ceilings, and

maintenance of records.

237.106 Funding and term of service contracts.

(1) Personal service contracts for expert or consultant services shall not exceed 1 year. The nature of

the duties must be—

(i) Temporary (not more than 1 year); or

(ii) Intermittent (not cumulatively more than 130 days in 1 year).

(2) The contracting officer may enter into a contract, exercise an option, or place an order under a

contract for severable services for a period that begins in one fiscal year and ends in the next fiscal

year if the period of the contract awarded, option exercised, or order placed does not exceed 1 year

(10 U.S.C. 3133).

237.109 Services of quasi-military armed forces.

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

237.170 Approval of contracts and task orders for services.

237.170-1 Scope.

This section—

(a) Implements 10 U.S.C. 4501; and

(b) Applies to services acquired for DoD, regardless of whether the services are acquired through—

(1) A DoD contract or task order; or

(2) A contract or task order awarded by an agency other than DoD.
237.170-2 Approval requirements.

(a) Acquisition of services through a contract or task order that is not performance based.

(1) For acquisitions at or below $100 million, obtain the approval of the official designated by the

department or agency.

(2) For acquisitions exceeding $100 million, obtain the approval of the senior procurement

executive.

(b) Acquisition of services through use of a contract or task order issued by a non-DoD agency.

Comply with the review, approval, and reporting requirements established in accordance with

subpart 217.7 when acquiring services through use of a contract or task order issued by a non-DoD

agency.

237.171 Training for contractor personnel interacting with detainees.

237.171-1 Scope.

This section prescribes policies to prevent the abuse of detainees, as required by Section 1092 of the

National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375).

237.171-2 Definition.

“Combatant commander,” “detainee,” and “personnel interacting with detainees,” as used in this

section, are defined in the clause at 252.237-7019 , Training for Contractor Personnel Interacting

with Detainees.

237.171-3 Policy.

(a) Each DoD contract in which contractor personnel, in the course of their duties, interact with

detainees shall include a requirement that such contractor personnel—

(1) Receive Government-provided training regarding the international obligations and laws of the

United States applicable to the detention of personnel, including the Geneva Conventions; and

(2) Provide a copy of the training receipt document to the contractor.

(b) The combatant commander responsible for the area where the detention or interrogation facility

is located will arrange for the training and a training receipt document to be provided to contractor

personnel. For information on combatant commander geographic areas of responsibility and point of

contact information for each command, see PGI 237.171-3 (b).

237.171-4 Contract clause.
Use the clause at 252.237-7019 , Training for Contractor Personnel Interacting with Detainees, in

solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for

the acquisition of commercial products and commercial services, that are for the acquisition of

services if—

(a) The clause at 252.225-7040 , Contractor Personnel Supporting U.S. Armed Force(s) Deployed

Outside the United States, is included in the solicitation or contract; or

(b) The services will be performed at a facility holding detainees, and contractor personnel in the

course of their duties may be expected to interact with the detainees.

237.172 Service contracts surveillance.

(a) Ensure that quality assurance surveillance plans are prepared in conjunction with the

preparation of the statement of work or statement of objectives for solicitations and contracts for

services. These plans should be tailored to address the performance risks inherent in the specific

contract type and the work effort addressed by the contract. (See FAR subpart 46.4.) Retain quality

assurance surveillance plans in the contract file. See http://sam.dau.mil, Step Four – Requirements

Definition, for examples of quality assurance surveillance plans.

(b) See PGI 216.505-70 for guidance regarding minimum labor category qualifications for orders

issued under multiple award services contracts.

237.173 Prohibition on interrogation of detainees by contractor personnel.

237.173-1 Scope.

This section prescribes policies that prohibit interrogation of detainees by contractor personnel, as

required by section 1038 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L.

111-84).

237.173-2 Definitions. As used in this subpart-

“Detainee” means any person captured, detained, held, or otherwise under the effective control of

DoD personnel (military or civilian) in connection with hostilities. This includes, but is not limited to,

enemy prisoners of war, civilian internees, and retained personnel. This does not include DoD

personnel or DoD contractor personnel being held for law enforcement purposes.

“Interrogation of detainees” means a systematic process of formally and officially questioning a

detainee for the purpose of obtaining reliable information to satisfy foreign intelligence collection

requirements.

237.173-3 Policy.

(a) No detainee may be interrogated by contractor personnel.
(b) Contractor personnel with proper training and security clearances may be used as linguists,

interpreters, report writers, information technology technicians, and other employees filling

ancillary positions, including as trainers of and advisors to interrogators, in interrogations of

detainees if—

(1) Such personnel are subject to the same laws, rules, procedures, and policies (including DoD

Instruction 1100.22, Policy and Procedures for Determining Workforce Mix,

(http://www.dtic.mil/whs/directives/corres/pdf/110022p.pdf); DoD Directive 2310.01E, The

Department of Defense Detainee Program

(http://www.dtic.mil/whs/directives/corres/pdf/231001p.pdf); and DoD Directive 3115.09, DoD

Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning,

(http://www.dtic.mil/whs/directives/corres/pdf/311509p.pdf)); pertaining to detainee operations and

interrogations as those that apply to Government personnel in such positions in such interrogations;

and

(2) Appropriately qualified and trained DoD personnel (military or civilian) are available to oversee

the contractor’s performance and to ensure that contractor personnel do not perform activities that

are prohibited under this section.

237.173-4 Waiver.

The Secretary of Defense may waive the prohibition in 237.173-3 (a) for a period of 60 days, if the

Secretary determines such a waiver is vital to the national security interests of the United States.

The Secretary may renew a waiver issued pursuant to this paragraph for an additional 30-day

period, if the Secretary determines that such a renewal is vital to the national security interests of

the United States. Not later than five days after issuance of the waiver, the Secretary shall submit

written notification to Congress. See specific waiver procedures at DoDI 1100.22.

237.173-5 Contract clause.

Insert the clause at 252.237-7010 , Prohibition on Interrogation of Detainees by Contractor

Personnel, in solicitations and contracts, including solicitations and contracts using FAR part 12

procedures for the acquisition of commercial products and commercial services, that are for the

provision of services.

237.174 Disclosure of information to litigation support contractors.

See 204.74 for disclosure of information to litigation support contractors.

237.175 Training that uses live vertebrate animals.

Use the clause at 235.072 (a), when contracting for training that will use live vertebrate animals.
Subpart 237.2 - ADVISORY AND ASSISTANCE SERVICES

237.270 Acquisition of audit services.

(a) General policy.

(1) Do not contract for audit services unless—

(i) The cognizant DoD audit organization determines that expertise required to perform the audit is

not available within the DoD audit organization; or

(ii) Temporary audit assistance is required to meet audit reporting requirements mandated by law or

DoD regulation.

(2) See 215.101-2-70(b)(3) for the prohibition on the use of the lowest price technically acceptable

source selection process when acquiring audit services.

(3) See PGI 237.270 for a list of DoD publications that govern the conduct of audits.

(b) Contract period. Except in unusual circumstances, award contracts for recurring audit services

for a 1-year period with at least 2 option years.

(c) Approvals. Do not issue a solicitation for audit services unless the requiring activity provides

evidence that the cognizant DoD audit organization has approved the statement of work. The

requiring agency shall obtain the same evidence of approval for subsequent material changes to the

statement of work.

(d) Transparency requirement for firms used to support DoD audits.

(1) This paragraph (d) implements the requirements of section 1006 of the National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) and section 1011 of the National Defense

Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) for transparency of accounting firms used to

support DoD audits; and extends the statutory requirement, as a matter of DoD policy, to firms other

than accounting firms in order to ensure consistent availability of data for contracting officer

evaluation and appropriate use.

(2) This requirement applies to solicitations and contracts for—

(i) Financial statement auditing required under 31 U.S.C. 3521(e); or

(ii) Audit remediation services in support of the Financial Improvement and Audit Remediation Plan

described in 10 U.S.C. 240b.

(3) Any firm responding to a solicitation or awarded a contract for the acquisition of the services

described in paragraph (d)(2) of this section is required to represent with regard to whether it has

been subject to disciplinary proceedings within the last 3 years and, if the offeror represents that it

has, to disclose to DoD before any contract action (including award, renewals, and modifications)—

(i) The details of any disciplinary proceedings, with respect to the firm or its associated persons

(including principals and employees), before an entity with the authority to enforce compliance with

rules or laws applying to audit services or audit remediation services offered by accounting firms or
firms other than accounting firms; and

(ii) For subsequent contract actions after contract award, whether there has been any change with

regard to previously reported disciplinary proceedings since the last contract action.

(e) Solicitation provisions and contract clauses.

(1) Use the provision at 252.237-7000 , Notice of Special Standards of Responsibility, in solicitations

for audit services.

(2) Use the clause at 252.237-7001 , Compliance with Audit Standards, in solicitations and contracts

for audit services.

(3) Use the provision at 252.237-7025, Preaward Transparency Requirements for Firms Offering to

Support Department of Defense Audits—Representation and Disclosure, in solicitations, including

solicitations using FAR part 12 procedures for the acquisition of commercial products and

commercial services, that include the clause at 252.237-7026, Postaward Transparency

Requirements for Firms that Support Department of Defense Audits.

(4) Use the clause at 252.237-7026, Postaward Transparency Requirements for Firms that Support

Department of Defense Audits, in solicitations and contracts, including solicitations and contracts

using FAR part 12 procedures for the acquisition of commercial products and commercial services,

that—

(i) Exceed the simplified acquisition threshold; and

(ii) Are for the acquisition of financial statement auditing or audit remediation services as described

in paragraph (d)(2) of this section.

Subpart 237.5 - MANAGEMENT OVERSIGHT OF SERVICE

CONTRACTS

237.503 Agency-head responsibilities.

(c) The agency head or designee shall employ procedures to ensure that requirements for service

contracts are vetted and approved as a safeguard to prevent contracts from being awarded or

administered in a manner that constitutes an unauthorized personal services contract. Contracting

officers shall follow the procedures at PGI 237.503 , include substantially similar certifications in

conjunction with service contract requirements, and place the certification in the contract file. The

program manager or other official responsible for the requirement, at a level specified by the

agency, should execute the certification. In addition, contracting officers and program managers

should remain aware of the descriptive elements at FAR 37.104(d) to ensure that a service contract

does not inadvertently become administered as a personal-services contract.

Subpart 237.6 - (REMOVED)

(June 25, 2004)
Subpart 237.70 - MORTUARY SERVICES

237.7000 Scope.

This subpart—

(a) Applies to contracts for mortuary services (the care of remains) for military personnel within the

United States; and

(b) May be used as guidance in areas outside the United States for mortuary services for deceased

military and civilian personnel.

237.7001 Method of acquisition.

(a) Requirements type contract. By agreement among the military activities, one activity in each

geographical area will contract for the estimated requirements for the care of remains for all

military activities in the area. Use a requirements type contract (see FAR 16.503) when the

estimated annual requirements for the activities in the area are ten or more.

(b) Purchase order. Where no contract exists, use DD Form 1155, Order for Supplies or Services, to

obtain mortuary services.

237.7002 Area of performance and distribution of contracts.

Follow the procedures at PGI 237.7002 for—

(a) Defining the geographical area to be covered by the contract; and

(b) Distributing copies of the contract.

237.7003 Solicitation provisions and contract clauses.

(a) Use the following clauses in all mortuary service solicitations and contracts, except do not use

the clauses at 252.237-7004 , Area of Performance, in solicitations or contracts that include port of

entry requirements:

(1) 252.237-7003 , Requirements, (insert activities authorized to place orders in paragraph (e) of the

clause).

(2) 252.237-7004 , Area of Performance.

(3) 252.237-7005 , Performance and Delivery.

(4) 252.237-7006 , Subcontracting.

(5) 252.237-7007 , Termination for Default.
(6) 252.237-7008 , Group Interment.

(7) 252.237-7009 , Permits.

(8) 252.237-7011 , Preparation History.

(b) Use the clause at FAR 52.245-1, Government Property, with its Alternate I, in solicitations and

contracts that include port of entry requirements.

Subpart 237.71 - LAUNDRY AND DRY CLEANING SERVICES

237.7100 Scope.

This subpart—

(a) Applies to contracts for laundry and dry cleaning services within the United States; and

(b) May be used as guidance in areas outside the United States.

237.7101 Solicitation provisions and contract clauses.

(a) Use the provision at 252.237-7012 , Instruction to Offerors (Count-of-Articles), in solicitations for

laundry and dry cleaning services to be provided on a count-of-articles basis.

(b) Use the provision at 252.237-7013 , Instruction to Offerors (Bulk Weight), in solicitations for

laundry services to be provided on a bulk weight basis.

(c) Use the clause at 252.237-7014 , Loss or Damage (Count-of-Articles), in solicitations and

contracts for laundry and dry cleaning services to be provided on a count-of-articles basis.

(d) Use the clause at 252.237-7015 , Loss or Damage (Weight of Articles), in solicitations and

contracts for laundry and dry cleaning services to be provided on a bulk weight basis.

(1) Insert a reasonable per pound price in paragraph (b) of the clause, based on the average per

pound value. When the contract requires laundry services on a bag type basis, insert reasonable per

pound prices by bag type.

(2) Insert an appropriate percentage in paragraph (e) of the clause, not to exceed eight percent.

(e) Use the basic or an alternate of the clause at 252.237-7016 , Delivery Tickets, in all solicitations

and contracts for laundry and dry cleaning services.

(1) Use the basic clause when services are not to be provided on a bulk weight basis.

(2) Use the alternate I clause when services are for bag type laundry to be provided on a bulk weight

basis.

(3) Use the alternate II clause when services are unsorted laundry to be provided on a bulk weight

basis.
(f) Use the clause at 252.237-7017 , Individual Laundry, in solicitations and contracts for laundry

and dry cleaning services to be provided to individual personnel.

(1) Insert the number of pieces of outer garments in paragraphs (d)(1) and (2) of the clause.

(2) The number of pieces and composition of a bundle in paragraphs (d)(1) and (2) of the clause may

be modified to meet local conditions.

(g) Use the clause at 252.237-7018 , Special Definitions of Government Property, in all solicitations

and contracts for laundry and dry cleaning services.

Subpart 237.72 - EDUCATIONAL SERVICE AGREEMENTS

237.7200 Scope.

(a) This subpart prescribes acquisition procedures for educational services from schools, colleges,

universities, or other educational institutions. This subpart does not include tuition assistance

agreements, i.e., payment by the Government of partial tuition under the off-duty educational

program.

(b) As used in the subpart—

(1) “Facilities” does not include the institution's dining rooms or dormitories; and

(2) “Fees” does not include charges for meals or lodging.

237.7201 Educational service agreement.

(a) An educational service agreement is not a contract, but is an ordering agreement under which

the Government may order educational services.

(b) Educational service agreements provide for ordering educational services when—

(1) The Government pays normal tuition and fees for educational services provided to a student by

the institution under its normal schedule of tuition and fees applicable to all students generally; and

(2) Enrollment is at the institution under the institution's normal rules and in courses and curricula

which the institution offers to all students meeting admission requirements.

237.7202 Limitations.

Educational service agreements are not used to provide special courses or special fees for

Government students.
237.7203 Duration.

(a) Educational service agreements are for an indefinite duration and remain in effect until

terminated.

(b) The issuing activity must establish procedures to review each educational service agreement at

least once each year. Review dates should consider the institution's academic calendar and occur at

least 30 days before the beginning of a term. The purpose of the review is to incorporate changes to

reflect requirements of any statute, Executive Order, FAR, or DFARS.

(c) If the contracting officer and the institution do not agree on required changes, terminate the

agreement.

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 ______________ _____, 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.

4. The Government will review this agreement annually before the anniversary of its effective date

for the purpose of incorporating changes required by statutes, executive orders, the Federal

Acquisition Regulation, or the Defense Federal Acquisition Regulation Supplement. Changes

required to be made by modification to this agreement 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.

(a) The Contractor shall promptly deliver to the Contracting Officer one copy of each catalog

applicable to this agreement, and one copy of any subsequent revision.

(b) The Government will request educational services under this agreement by a (insert type of

request, such as, delivery order, official Government order, or other written communication). The

(insert type of request, such as, delivery order, official Government order, or other written

communication) will contain the number of this agreement and will designate as students at the

Contractor's institution one or more Government-selected persons who have already been accepted

for admission under the Contractor's usual admission standards.

(c) All students under this agreement shall register in the same manner, be subject to the same

academic regulations, and have the same privileges, including the use of all facilities and equipment

as any other students enrolled in the institution.

(d) Upon enrolling each student under this agreement, the Contractor shall, where the resident or

nonresident status involves a difference in tuition or fees—

(i) Determine the resident or nonresident status of the student;

(ii) Notify the student and the Contracting Officer of the determination. If there is an appeal of the

determination;

(iii) If there is an appeal of the determination, process the appeal under the Contractor's standard

procedures;

(iv) Notify the student and Contracting Officer of the result; and

(v) Make the determination a part of the student's permanent record.

(e) The Contractor shall not furnish any instruction or other services to any student under this

agreement before the effective date of a request for services in the form specified in paragraph (b)

of this schedule.

2. Change in curriculum. The Contracting Officer may vary the curriculum for any student enrolled

under this agreement but shall not require or make any change in any course without the

Contractor's consent.

3. Payment.

(a) The Government shall pay the Contractor the normal tuition and fees which the Contractor

charges any students pursuing the same or similar curricula, except for any tuition and fees which

this agreement excludes. The Contractor may change any tuition and fees, provided—

(1) The Contractor publishes the revisions in a catalog or otherwise publicly announces the

revisions;
(2) Applies the revisions uniformly to all students studying the same or similar curricula;

(3) Provides the Contracting Officer notice of changes before their effective date.

(b) The Contractor shall not establish any tuition or fees which apply solely to students under this

agreement.

(c) If the Contractor regularly charges higher tuition and fees for nonresident students, the

Contractor may charge the Government the normal nonresident tuition and fees for students under

this agreement who are nonresidents. The Government shall not claim resident tuition and fees for

any student solely on the basis of the student residing in the State as a consequence of enrollment

under this agreement.

(d) The Contractor shall charge the Government only the tuition and fees which relate directly to

enrollment as a student. Tuition and fees may include—

(i) Penalty fees for late registration or change of course caused by the Government;

(ii) Mandatory health fees and health insurance charges; and

(iii) Any flat rate charge applicable to all students registered for research that appears in the

Contractor's publicly announced fee schedule.

(e) The Contractor shall not charge the Government for—

(i) Permit charges, such as vehicle registration or parking fees, unless specifically authorized in the

request for service; and

(ii) Any equipment, refundable deposits, or any items or services (such as computer time) related to

student research.

(f) Normally, the Contractor shall not directly charge individual students for application fees or any

other fee chargeable to this agreement. However, if the Contractor's standard procedures require

payment of any fee before the student is enrolled under this agreement, the Contractor may charge

the student. When the Contractor receives payment from the Government, the Contractor shall fully

reimburse the student.

(g) For each term the Contractor enrolls students under this agreement, the Contractor shall submit

_______ copies of an invoice listing charges for each student separately. The Contractor shall submit

invoices within ______ days after the start of the term and shall include—

(i) Agreement number and inclusive dates of the term;

(ii) Name of each student;

(iii) A list showing each course for each student if the school charges by credit hour;

(iv) The resident or nonresident status of each student (if applicable to the Contractor's school); and

(v) A breakdown of charges for each student, including credit hours, tuition, application fee, and

other fees. Provide a total for each student and a grand total for all students listed on the invoice.

(h) If unforeseen events require additional charges that are otherwise payable under the

Contractor's normal tuition and fee schedule, the Contractor may submit a supplemental invoice or
make the adjustment on the next regular invoice under this agreement. The Contractor shall clearly

identify and explain the supplemental invoice or the adjustment.

(i) The Contractor shall apply any credits resulting from withdrawal of students, or from any other

cause under its standard procedures, to subsequent invoices submitted under this agreement.

Credits should appear on the first invoice submitted after the action resulting in the credits. If no

subsequent invoice is submitted, the Contractor shall deliver to the Contracting Officer a check

drawn to the order of the office designated for contract administration. The Contractor shall identify

the reason for the credit and the applicable term dates in all cases.

4. Withdrawal of students.

(a) The Government may, at its option and at any time, withdraw financial support for any student by

issuing official orders. The Government will furnish ______ copies of the orders to the Contractor

within a reasonable time after publication.

(b) The Contractor may request withdrawal by the Government of any student for academic or

disciplinary reasons.

(c) If withdrawal occurs before the end of a term, the Government will pay any tuition and fees due

for the current term. The Contractor shall credit the Government with any charges eligible for

refund under the Contractor's standard procedures for any students in effect on the date of

withdrawal.

(d) Withdrawal of students by the Government will not be the basis for any special charge or claim

by the Contractor other than charges under the Contractor's standard procedures.

5. Transcripts. Within a reasonable time after withdrawal of a student for any reason, or after

graduation, the Contractor shall send to the Contracting Officer (or to an address supplied by the

Contracting Officer) one copy of an official transcript showing all work by the student at the

institution until such withdrawal or graduation.

6. Student teaching. The Government does not anticipate the Contractor awarding fellowships and

assistantships to students attending school under this agreement. However, for graduate students,

should both the student and the Contractor decide it to be in the student's best interests to assist in

the institution's teaching program, the Contractor may provide nominal compensation for part-time

service. Base the compensation on the Contractor's practices and procedures for other students of

similar accomplishment in that department or field. The Contractor shall apply the compensation as

a credit against any invoices presented for payment for any period in which the student performed

the part-time teaching service.

7. Termination of agreement.

(a) Either party may terminate this agreement by giving 30 days advance written notice of the

effective date of termination. In the event of termination, the Government shall have the right, at its

option, to continue to receive educational services for those students already enrolled in the

contractor's institution under this agreement until such time that the students complete their

courses or curricula or the Government withdraws them from the Contractor's institution. The terms

and conditions of this agreement in effect on the effective date of the termination shall continue to

apply to such students remaining in the Contractor's institution.

(b) Withdrawal of students under Schedule provision 4 shall not be considered a termination within

the meaning of this provision 7.
(c) Termination by either party shall not be the basis for any special charge or claim by the

Contractor, other than as provided by the Contractor's standard procedures.

GENERAL PROVISIONS

Use the following clauses in educational service agreements:

1. FAR 52.202-1, Definitions, and add the following paragraphs (h) through (m).

(h) “Term” means the period of time into which the Contractor divides the academic year for

purposes of instruction. This includes “semester,” “trimester,” “quarter,” or any similar word the

Contractor may use.

(i) “Course” means a series of lectures or instructions, and laboratory periods, relating to one

specific representation of subject matter, such as Elementary College Algebra, German 401, or

Surveying. Normally, a student completes a course in one term and receives a certain number of

semester hours credit (or equivalent) upon successful completion.

(j) “Curriculum” means a series of courses having a unified purpose and belonging primarily to one

major academic field. It will usually include certain required courses and elective courses within

established criteria. Examples include Business Administration, Civil Engineering, Fine and Applied

Arts, and Physics. A curriculum normally covers more than one term and leads to a degree or

diploma upon successful completion.

(k) “Catalog” means any medium by which the Contractor publicly announces terms and conditions

for enrollment in the Contractor's institution, including tuition and fees to be charged. This includes

“bulletin,” “announcement,” or any other similar word the Contractor may use.

(l) “Tuition” means the amount of money charged by an educational institution for instruction, not

including fees.

(m) “Fees” means those applicable charges directly related to enrollment in the Contractor's

institution. Unless specifically allowed in the request for services, fees shall not include—

(1) Any permit charge, such as parking and vehicle registration; or

(2) Charges for services of a personal nature, such as food, housing, and laundry.

2. FAR 52.203-3, Gratuities.

3. FAR 52.203-5, Covenant Against Contingent Fees.

4. FAR 52.204-1, Approval of Contract, if required by department/agency procedures.

5. FAR 52.215-2, Audit and Records—Negotiation.

6. FAR 52.215-8, Order of Precedence—Uniform Contract Format.

7. Conflicts Between Agreement and Catalog. Insert the following clause:

CONFLICTS BETWEEN AGREEMENT AND CATALOG
If there is any inconsistency between this agreement and any catalog or other document

incorporated in this agreement by reference or any of the Contractor's rules and regulations,

the provisions of this agreement shall govern.

8. FAR 52.222-3, Convict Labor.

9. Under FAR 22.802, FAR 22.807, and FAR 22.810, use the appropriate clause from FAR 52.222-26,

Equal Opportunity.

10. FAR 52.233-1, Disputes.

11. Assignment of Claims. Insert the following clause:

ASSIGNMENT OF CLAIMS

No claim under this agreement shall be assigned.

12. FAR 52.252-4, Alterations in Contract, if required by department/agency procedures.

SIGNATURE PAGE

Agreement No. _____________________ Date _________________________

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. 4143).

237.7301 Definitions.

As used in this subpart—

(a) “Institution of higher learning” means any public or private post-secondary school, junior college,

college, university, or other degree granting educational institution that—

(1) Is located in the United States or its outlying areas;

(2) Has an accredited education program approved by an appropriate accrediting body; and

(3) Offers a program of study at any level beyond high school.

(b) “Nonprofit organization” means any organization described by Section 501(c)(3) of Title 26 of the

U.S.C. which is exempt from taxation under Section 501(a) of Title 26.

(c) “Student” means an individual enrolled (or accepted for enrollment) at an institution of higher

learning before the term of the student technical support contract. The individual shall remain in

good standing in a curriculum designed to lead to the granting of a recognized degree, during the

term of the contract.

(d) “Technical support” means any scientific or engineering work in support of the mission of the

DoD laboratory involved. It does not include administrative or clerical services.

237.7302 General.

Generally, agencies will acquire services of students at institutions of higher learning by contract

between a 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 13.003(b)(1), or DFARS Part 219. Award authority

for these contracts is 10 U.S.C. 3204(a) and 10 U.S.C. 4143.
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 Policy.

The authority in 206.302-5 (b)(ii) to contract with local governments—

(a) May be exercised without regard to the provisions of 10 U.S.C. Chapter 146, Contracting for

Performance of Civilian Commercial or Industrial Type Functions;

(b) May not be exercised earlier than 180 days before the date the installation is scheduled to be

closed;

(c) Requires a determination by the head of the contracting activity that the services being acquired

under contract with the local government are in the best interests of the Department of Defense.

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.

Subpart 237.75 - ACQUISITION AND MANAGEMENT OF

INDUSTRIAL RESOURCES

237.7501 Definition.

“Facilities project,” as used in this subpart, means a Government project to provide, modernize, or

replace real property for use by a contractor in performing a Government contract or subcontract.
237.7502 Policy.

(a) Comply with DoD Directive 4275.5, Acquisition and Management of Industrial Resources, in

processing requests for facilities projects.

(b) Departments and agencies shall submit reports of facilities projects to the House and Senate

Armed Services Committees—

(1) At least 30 days before starting facilities projects involving real property (10 U.S.C. 2662); and

(2) In advance of starting construction for a facilities project regardless of cost. Use DD Form 1391,

FY__ Military Construction Project Data, to notify congressional committees of projects that are not

included in the annual budget.

Subpart 237.76 - CONTINUATION OFESSENTIAL

CONTRACTOR SERVICES

237.7600 Scope.

This subpart prescribes procedures for the acquisition of essential contractor services which support

mission-essential functions.

237.7601 Definitions.

As used in this subpart, “essential contractor service” and “mission-essential functions” are defined

in the clause at 252.237-7023 , Continuation of Essential Contractor Services.

237.7602 Policy.

(a) Contractors providing services designated as essential contractor services shall be prepared to

continue providing such services, in accordance with the terms and conditions of their contracts,

during periods of crisis. As a general rule, the designation of services as essential contractor

services will not apply to an entire contract but will apply only to those service functions that have

been specifically identified as essential contractor services by the functional commander or civilian

equivalent.

(b) Contractors who provide Government-determined essential contractor services shall provide a

written plan to be incorporated in the contract to ensure the continuation of these services in crisis

situations. Contracting officers shall consult with a functional manager to assess the sufficiency of

the contractor-provided written plan. Contractors will activate such plans only during periods of

crisis, as authorized by the contracting officer, who does so at the direction of the appropriate

functional commander or civilian equivalent.

(c) The contracting officer shall follow the procedures at PGI 207.105 (b)(20)(C) in preparing an

acquisition plan.
237.7603 Solicitation provision and contract clause.

(a) Use the clause at 252.237-7023 , Continuation of Essential Contractor Services in all solicitations

and contracts for services that are in support of mission-essential functions.

(b) Use the provision at 252.237-7024 , Notice of Continuation of Essential Contractor Services in all

solicitations for services that include the clause 252.237-7023 .

Subpart 237.77 - COMPETITION FOR RELIGIOUS-RELATED

SERVICES

237.7700 Scope of subpart.

This subpart provides policy and guidance for the acquisition of religious-related services to be

performed on a United States military installation in accordance with section 898 of the National

Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).

237.7701 Definition. As used in this subpart—

“Nonprofit organization” means any organization that is—

(1) Described in section 501(c) of the Internal Revenue Code of 1986; and

(2) Exempt from tax under section 501(a) of that Code.

237.7702 Policy.

(a) A nonprofit organization shall not be precluded from competing for a contract for religiousrelated services to be performed on a United States military installation.

(b) See 219.270 when an acquisition for religious-related services to be performed on a United

States military installation is set aside for any of the small business concerns identified in FAR

19.000(a)(3).

NO DFARS TEXT

Subpart 237.78 - TRANSFER AND ADOPTION OF MILITARY

ANIMALS

237.7800 Scope of subpart.

This subpart implements 10 U.S.C. 2387, which requires, under certain circumstances, the transfer
of a contract working dog to the Department of the Air Force, 341st Training Squadron, for

veterinary screening and care in accordance with 10 U.S.C. 2583.

237.7801 Definition.

As used in this subpart—

Contract working dog means a dog that—

(1) Performs a service for DoD pursuant to a contract; and

(2) Is trained and kenneled by an entity that provides such a dog pursuant to such a contract.

237.7802 Policy.

(a) In accordance with 10 U.S.C. 2387, DoD will transfer a contract working dog to the Department

of the Air Force, 341st Training Squadron, for veterinary screening and care after the service life of

the dog has terminated.

(b) The service life of a contract working dog may be terminated if—

(1) The final contractual obligation of the dog preceding transfer is with DoD; and

(2) The dog cannot be used by another department or agency of the Federal Government due to age,

injury, or performance.

(c) A contract working dog that has reached the end of its service life will be transferred for care,

reclassification as a military animal, and placement for adoption in accordance with 10 U.S.C 2583.

237.7803 Procedures.

Contracting officers, at the request of the requiring activity, may issue a determination that the

service life of a contract working dog has terminated if the conditions in 237.7802(b) have been

documented by the requiring activity.

237.7804 Contract clause.

Use the clause at 252.237-7027, Transfer and Adoption of Military Animals, in solicitations and

contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of

commercial products and commercial services, that require the services of a contract working dog.