(a) Acquisition of services through a contract or task order that is not performance based. Notwithstanding DFARS 237.170-2(a), when acquisition of services through a contract or task order that is not performance based will be used, the rationale shall be documented in the contract file.

(b) Acquisition of services through use of a contract or task order issued by a non-DOD agency. In addition to the requirements in 5237.5, comply with the review and approval requirements in 5217.770 when acquiring services through use of a contract or task order issued by a non-DoD agency.