Part 37 Service Contracting
Source: FAR 37 on acquisition.gov
FAR Part 37 provides the foundational rules and procedures for acquiring and managing service contracts, emphasizing competition, performance, and compliance with labor standards.
Overview
FAR Part 37 establishes the policies, procedures, and requirements for acquiring services by contract within the federal government. It covers a broad range of service contracting topics, including general service contracts, advisory and assistance services, dismantling and demolition, nonpersonal health care services, management oversight, and performance-based acquisition. The part is organized into subparts that address definitions, competition, funding, labor standards, small business considerations, contract clauses, and special requirements for specific types of services. FAR Part 37 provides the foundational framework for ensuring that service contracts are awarded, managed, and overseen in a manner that meets statutory and regulatory requirements while promoting efficiency, competition, and accountability.
Key Rules
- General Service Contracting Policies
- Outlines the basic principles and policies for acquiring services, including competition, funding, and labor standards.
- Advisory and Assistance Services
- Provides guidance on the use, exclusions, and management of advisory and assistance service contracts.
- Specialized Service Contracts
- Addresses unique requirements for contracts involving dismantling, demolition, nonpersonal health care, and quasi-military services.
- Performance-Based Acquisition
- Emphasizes the use of performance work statements, measurable standards, and quality assurance plans to ensure service outcomes.
Responsibilities
- Contracting Officers: Must ensure compliance with all applicable policies, include required clauses, and oversee contract performance.
- Contractors: Must adhere to contract terms, labor standards, and performance requirements.
- Agencies: Responsible for management oversight, ensuring competition, and proper use of service contracts.
Practical Implications
- FAR Part 37 exists to ensure that service contracts are awarded and managed effectively, with clear standards for performance and accountability.
- It impacts daily contracting by setting expectations for competition, labor compliance, and performance measurement.
- Common pitfalls include misclassifying personal vs. nonpersonal services, failing to use performance-based methods, and overlooking required clauses or labor standards.
Subpart 37.1 - Service Contracts-General
37.103 Contracting officer responsibility.
37.104 Personal services contracts.
37.105 Competition in service contracting.
37.106 Funding and term of service contracts.
37.107 Service Contract Labor Standards.
37.108 Small business Certificate of Competency.
37.109 Services of quasi-military armed forces.
37.110 Solicitation provisions and contract clauses.
37.112 Government use of private sector temporaries.
37.113 Severance payments to foreign nationals.
37.113-1 Waiver of cost allowability limitations.
37.113-2 Solicitation provision and contract clause.
37.114 Special acquisition requirements.
37.115 Uncompensated overtime.
37.115-3 Solicitation provision.
Subpart 37.2 - Advisory and Assistance Services
37.204 Guidelines for determining availability of personnel.
37.205 Contracting officer responsibilities.
Subpart 37.3 - Dismantling, Demolition, or Removal of Improvements
37.302 Bonds or other security.
Subpart 37.4 - Nonpersonal Health Care Services
37.402 Contracting officer responsibilities.
Subpart 37.5 - Management Oversight of Service Contracts
37.503 Agency-head responsibilities.
37.504 Contracting officials’ responsibilities.
Subpart 37.6 - Performance-Based Acquisition