PART 37 -- SERVICE CONTRACTING
SUBPART 37.1 -- SERVICE CONTRACTS--GENERAL
37.102-90 Inventory of Contracts for Services.
37.113 Severance payments to foreign nationals.
37.113-1 Waiver of cost allowability limitations.
237.104 Personal services contracts.
237.170 Approval of Contracts and Task Orders for Services
237.170-2 Approval requirements
SUBPART 37.6 – PERFORMANCE BASED ACQUISITION
37.602 Performance work statement
(a) Contracting officers shall require the contractor manpower reporting requirement for all contracts and orders for services and supplies that include defined requirements for services, provided that the DoD is receiving or benefiting from the contracted services. The reporting requirement does not apply to contracted services where DISA is the contracting activity for a non-DoD mission partner.
(b) Contracting officers shall include DARS clause 52.237-9001 in all contracts and orders for services, including contracts for supplies with defined requirements for services, regardless of dollar value of the contract or order.
(c) The following services are exempt from the reporting requirement:
(1) Utilities
(2) Construction, including repair and maintenance (See FAR Part 36)
(3) Telecommunications services that do not include discrete direct labor hours and direct labor dollars
(d) Contractors are required to report all labor hours, regardless of contract type, via one of the four enterprise-wide Contractor Manpower Reporting Applications (eCMRA) at http://www.ecmra.mil/. There are four separate eCMRA tools: Army, Air Force, Navy and All Other Defense Components. The appropriate eCMRA reporting tool to use is determined by the requiring activity being supported (e.g., if DISA awards a contract for an Air Force requiring activity, the required contract data shall be loaded in the “Department of Air Force CMRA” tool). If a contract or order is funded by more than one requiring activity, the data for the order should be entered into the eCMRA tool associated with the requiring activity who provides the preponderance of the funding.
(e) Information from the eCMRA secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data. Contracting officers can provide contractors with the web site (http://www.ecmra.mil/) to access eCMRA user manuals and gain an understanding of the data fields that will be included in the reporting structure .
(f) Contractors and subcontractors are required to input all direct labor data into the appropriate eCMRA tool no later than 31 October for the period of performance of the preceding fiscal year.
(g) CORs are responsible for ensuring contractors create the initial contract record in the applicable eCMRA tool within 15 working days after contract award and validate that the information is complete and accurate. CORs are also responsible for working with the contracting officer to enter the data required by the National Defense Authorization Act (NDAA) of 2008 on the “Contract Details” page of the eCMRA tool, entering the fund cite data, and accomplishing the reviews set forth in the COR/COTR User Guide available at http://www.ecmra.mil/.
(h) Technical questions regarding the eCMRA tools should be directed to the eCMRA help desk at dodcmra@pentagon.af.mil.
(a) The designee is the HCA.
(b)(i) The approval authority for a personal service contracts for expert and consultant services determination and findings (D&F) is the HCA. Review and opinion of General Counsel, COCO and HCO review are all required prior to HCA review and approval.
(a) Acquisition of services through a contract or task order that is not performance based.
(1) For acquisitions at or below $50 million, obtain the review and approval of the Chief of
Contracting Office (COCO).
(2) For acquisitions over $50 million up to $85.5 million, obtain the review and approval of the Head of the Contracting Office (HCO).
(3) For acquisitions exceeding $85.5 million, obtain the review and 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 review, approval and reporting requirements established in accordance with DFARS Subpart 217.78 when acquiring services through use of a contract or task order issued by a non-DoD agency.
(S-90) For each acquisition that is non-performance based, the contracting officer shall prepare a Determination and Finding (D&F) for approval in accordance with paragraph 237.170-2 (a) (1),(2), and (3) supporting why the acquisition does not meet Performance-Based Acquisition (PBA)
criteria. The Determination and Finding (D&F) must be approved prior to release of a solicitation for a service acquisition that is not performance based.
(S-91) The review and approval thresholds are based upon the total estimated cost of the acquisition.
(S-92) Technical and requirements personnel are responsible for providing accurate and complete data to the contracting officer to support their recommendation for other than a performance based acquisition.
(a) Insert the clause at 52.237-9000, Key Personnel, when contract performance requires identification of contractor key personnel.
(S-90) The DISA HCA has determined that telecommunications service requirements submitted by Telecommunications Service Requests (TSRs)/Telecommunications Service Orders (TSOs), and ordered via Communication Service Authorizations (CSAs) are by their nature Performance Based Acquisitions (PBAs).
(c) The SOO establishes the overall objectives of the work to be performed, and provides a framework for development of the PWS. However, the SOO is not incorporated in the PWS, nor does it become part of the final contract or task order. Solicitations which require offerors to prepare a PWS in response to a Government provided SOO, should include notice to the offerors that the SOO will not be incorporated in the final order or contract, and therefore, the offerors PWS should include clearly defined linkages of tasks to objectives in the SOO. It is incumbent on the Government to ensure that the objectives stated in the SOO have been satisfactorily addressed in the contractor’s proposed PWS. The most critical objectives should be considered for incorporation in the contract’s performance incentive plan.
(S-90) A fundamental objective of performance-based acquisition is to stimulate innovative solutions to Government requirements. Therefore, to the maximum extent practicable, solicitations for performance-based requirements shall include a Statement of Objectives (SOO), and require the offerors to respond with a Performance Work Statement (PWS).