# DLAD PART 37 – SERVICE CONTRACTING

- SUBPART 37.1 – SERVICE CONTRACTS – GENERAL

- 37.102 Policy.

- 37.103-90 Contracting Officer Responsibility.

- 37.110-90 Solicitation Provisions and Contract Clauses.

- SUBPART 37.5 – MANAGEMENT OVERSIGHT OF SERVICE CONTRACTS

- 37.590-3 Policy.

PART 37 – SERVICE CONTRACTING

(Revised December 20, 2013 through PROCLTR 2014-49)

TABLE OF CONTENTS

SUBPART 37. 1 – SERVICE CONTRACTS – GENERAL

37.102 Policy.

37.103-90 Contracting Officer Responsibility.

37.110 Solicitation provisions and contract clauses.

SUBPART 37.5 – MANAGEMENT OVERSIGHT OF SERVICE CONTRACTS

37.590-3 Policy.

SUBPART 37.1 – SERVICE CONTRACTS – GENERAL

37.102 Policy.

(S-91)(a) Acquisition of services.

(1) The Deputy Director, DLA J7, is the Senior Services Manager (SSM) for DLA. The office of the SSM is responsible for governance in planning, execution, strategic sourcing, and management of acquisitions of services.

(2) Additional information pertaining to performance-based service acquisitions; specifically, formalization of a structure for requirements review and spend analysis by the SSM and DLA’s portfolio managers (see (b)(2) below), can be found in the DLAI for DLA Management and Oversight Process Acquisition of Services (MOPAS).

(b) Joint Requirements for the Acquisition of Services.

(1) Each activity shall document how it obtains and combines (if appropriate) joint requirements for the acquisition of services. This information shall be reported annually to the SSM via the designated services program manager by September 1st. Once the methodology is initially reported, negative reports are required by the deadline if the methodology remains unchanged.

(2) The SSM has appointed three portfolio group managers that are responsible for managing acquisitions of services in the following portfolios:

(i) Electronics/Communications Services (ECS), J6

(ii) Facilities Related Services (FRS), Office of Installation Management

(iii) Knowledge Based Services (KBS), J3

(3) These services comprise the vast majority of all DLA acquisitions of services. The office of the SSM shall serve as the portfolio manager for any acquisition of services that does not fall under any of the above portfolios.

(4) The taxonomy of services that classifies each service code into a broad portfolio group can be found in DFARS PGI 237.102-74.

37.103-90 Contracting Officer Responsibility.

(e) To comply with Undersecretary of Defense, Acquisition, Technology, and Logistics memorandum dated November 28, 2012, Subject: Enterprise-wide Contractor Manpower Reporting Application, contracting officers shall include the following language in all contracts that require the performance of services, including contracts for goods with defined requirements for services. This standard language shall be included in new statements of work, performance work statements, and statements of objective, and in modifications to existing contracts. Exceptions are detailed in paragraph (3) of this section.

(1) Contractor manpower reporting language for contract statements of work, performance work statements, and statements of objective:

(i) The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agency via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

(ii) Reporting input will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

(2) The reporting requirement applies to all contracted services, provided the organization receiving or benefiting from the contracted services is a Department of Defense (DoD) organization. This includes reimbursable appropriated funding sources from non-DoD executive agencies where the Defense component requiring activity is executive agent for the function performed.

(3) The reporting requirement does not apply to the following types of procurements by product service code:

(i) S111 Utilities: Gas services;

(ii) S112 Utilities: Electricity services;

(iii) S113 Utilities: Telephone and/or communications services;

(iv) S114 Utilities: Water services

(v) S119 Other utilities; and,

(vi) Construction of structures and facilities.

(4) Use and safeguarding of information from the secure web site. Data provided by contractors is considered to be proprietary in nature when the contract number and contractor identified 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’s name and contract number associated with the data.

37.110-90 Solicitation Provisions and Contract Clauses.

(a) Use provision 52.237-9003, Site Visit Coordinator, in solicitations when a contractor will be performing services on a DLA installation and a site visit is recommended. The contract specialist shall fill-in required information and use the clause in conjunction with FAR 52.237-1, Site Visit.

(b) Use provision 52.237-9004, Evaluation – Contractor Installation or Verification of Installation, when contractor installation of equipment or contractor verification of installation at destination is required, and fill-in required information. This provision shall be used when clause 52.246-9040, Inspection and Acceptance Supervision of Installation, is included.

(c)(1) Use clause 52.237-9001, Contractor Personnel Changes and Key Personnel Requirements, in cost type contracts for both supply and service contracts, as appropriate, and fill-in required information for key personnel. If the contract does not require key personnel, fill in “no key personnel positions identified” in paragraph (b).

(c)(2) Use provision 52.237-9002, Key Personnel – Fixed Price Service Contracts, in solicitations and contracts for negotiated fixed-price services when the services to be provided will require professional employees and when evaluation of proposed key managerial personnel is necessary to assess the probability of successful performance.

SUBPART 37.5 – MANAGEMENT OVERSIGHT OF SERVICE CONTRACTS

37.590-3 Policy.

(a)(1) Acquisition plans for service requirements shall include strategy demonstrating that services are acquired by business arrangements that are in the best interests of the DoD and DLA. This includes maximization of potential acquisition opportunities for small businesses. This strategy shall also reflect a strategic approach, in terms of overall spending on services, and guarantee both enterprise-wide approaches to procurement and development of new ways of doing business. Acquisition plans shall be approved at the appropriate level (see 7.102-90). Actions requiring DPAP and/or DLA peer reviews are identified in 1.170-2-90. Further guidance on acquisition strategy for information technology acquisitions may be found in FAR Part 39 and DFARS Part 239.