# AFARS PART 5137

- Subpart 5137.1 – Service Contracts – General

- 5137.104 Personal services contracts.
- 5137.112 Government use of private sector temporaries.

- 5137.113-1 Waiver of cost allowability limitations.

- 5137.170 Approval of contracts and task orders for services.

- 5137.170-2 Approval requirements.

- Subpart 5137.2 – Advisory and Assistance Services

- 5137.204 Guidelines for determining availability of personnel.

- Subpart 5137.5 – Management Oversight of Service Contracts

- 5137.503 Agency-head responsibilities.
- 5137.590 Scope of section.

- 5137.590-1 Definitions.
- 5137.590-2 Applicability.
- 5137.590-3 Review thresholds.
- 5137.590-4 Review procedures.
- 5137.590-5 Army Service Strategy Panel (ASSP).
- 5137.590-6 Acquisition strategy content.
- 5137.590-7 Data collection and reporting.
- 5137.590-8 Execution reviews.

- Subpart 5137.72 – Educational Service Agreements

- 5137.7204 Format and clauses for educational service agreements.
- 5137.7204-90 Establishing educational service agreements.
- 5137.7204-91 Purchase requests.
- 5137.7204-92 Ordering procedures.
- 5137.7204-93 Distribution of orders.
- 5137.7204-94 Gratuitous agreements.

- Subpart 5137.90 – Security Clearances and Identification for Contractor Personnel

- 5137.9001 Responsibilities.

- Subpart 5137.91 – Accounting for Contract Services

- 5137.9101 Policy

AFARS – Part 5137

Service Contracting

Subpart 5137.1 – Service Contracts – General

5137.104 Personal services contracts.

(b)(i) The head of the contracting activity (HCA), with authority to delegate to a level not lower than the principal assistant responsible for contracting (PARC), will make the determination as required by DFARS 237.104(b)(i) to authorize contracts pursuant to 10 U.S.C. 129b and 5 U.S.C. 3109. When a blanket determination and findings (D&F) applies, the contracting officer will include in the contract file a copy of the blanket D&F and a statement signed by the contracting officer clearly showing why the blanket D&F is applicable to the proposed contract.

(ii)(C)(1)(i) The HCA for the U.S. Army Medical Command, with authority to delegate to a level not lower than the PARC, must approve requirements for services at DFARS 237.104(b)(ii)(C)(1)(i).

(ii) The HCA for the U.S. Army Medical Command, with authority to delegate to a level not lower than the PARC, must approve requirements for services at DFARS 237.104(b)(ii)(C)(1)(i).

(2) The HCA for the U.S. Army Medical Command, with authority to delegate to a level not lower than the PARC, must approve requirements for services at DFARS 237.104(b)(ii)(C)(2).

(iii) The HCA, with authority to delegate to a level not lower than the PARC, will make the determination as required by DFARS 237.104(b)(iii) to authorize contracts pursuant to 10 U.S.C. 129b(d).

(S-90) Contracting officers will ensure that purchase requests for personal services in the areas listed in DA Pamphlet 25-91 (Visual Information Procedures) have been approved by the local multimedia/visual information activity. See Army Regulation 25-1.

5137.112 Government use of private sector temporaries.

Direct questions about acquisition of these services to the civilian personnel office.

5137.113-1 Waiver of cost allowability limitations.

(a) The HCA, with authority to delegate to a level not lower than the PARC, has authority to make the determination at FAR 37.113-1.

5137.170 Approval of contracts and task orders for services.

5137.170-2 Approval requirements.

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

(1)(i) Over $12.5 million and not to exceed the dollar threshold identified at DFARS 237.170-2(a)(2) –

(A) For non-program executive officer (PEO) managed items, obtain approval of the HCA, who may delegate this authority to the PARC; or

(B) For PEO managed items, obtain approval of the PEO.

(ii) At or below $12.5 million –

(A) For non-PEO managed items, obtain approval of the PARC; or

(B) For PEO managed items, obtain approval of the program manager.

(2) For acquisitions exceeding the threshold at DFARS 237.170-2(a)(2), obtain approval of the Senior Procurement Executive.

Subpart 5137.2 – Advisory and Assistance Services

5137.204 Guidelines for determining availability of personnel.

The HCA, with authority to delegate to a level not lower than the PARC, has authority to make the determination at FAR 37.204.

Subpart 5137.5 – Management Oversight of Service Contracts

5137.503 Agency-head responsibilities.

Army Regulation 70-13, Management and Oversight of Service Contracts, chapter 2, implements the responsibilities set forth in FAR 37.503(a), (b) and (d). See 5107.5 for implementation of FAR 37.503(c) and DFARS 237.503.

5137.590 Scope of section.

As the Army continues to improve its management of service acquisitions, the acquisition team will focus on the development and maintenance of sound acquisition strategies to ensure properly planned services based upon clear, performance-based requirements and acquired using sound business practices. The acquisition strategy developed will be flexible and provide rapid delivery of affordable capability to meet the Army mission and customer expectations.

5137.590-1 Definitions.

As used in this section –

“Acquisition of services” means the execution of one or multiple contracts or other instruments committing or obligating funds (e.g., fund transfer, orders under the Federal Supply Schedules or other existing contracts, etc.) to acquire services for a specified requirement.

“Decision authority” means the official with review and approval responsibility as designated and associated with the thresholds at 5137.590-3.

“Information Technology (IT) services” means the performance of any work related to IT and the operation of IT, including National Security Systems. This includes outsourced IT-based business processes, outsourced information technology and outsourced information functions.

“Service” means the engagement of the time and effort of a contractor whose primary purpose is to perform an identifiable task, or tasks, rather than to furnish an end item of supply.

5137.590-2 Applicability.

(a) Oversight of services acquisition is the shared responsibility of requiring activities, contracting activities, and the Office of the ASA(ALT).

(b) Except as provided in paragraphs (d) and (e) of this section, the requirements in this section apply to all service acquisitions including any service acquisition determined to be of special interest by the ASA(ALT), the Deputy Assistant Secretary of the Army (Procurement) (DASA(P)), the Senior Services Manager (SSM), the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)), the Army Chief Information Officer (CIO), or the Department of Defense Chief Information Officer (DoD CIO).

(c) The requirements in this section also apply to any acquisition of services that is made through the use of –

(1) A contract or task order that is not a performance-based contract or task order; or

(2) A contract or task order entered into or issued by an agency other than the DoD.

(d) Acquisition of services that is part of a weapon system acquisition program or an automated information system managed in accordance with DoD Instruction (DoDI) 5000.02 shall undergo review and approval as part of that program management process. However, the requirements of this section apply to the acquisition of services that occurs after a program achieves full operational capability that was not subject to previous milestone reviews.

(e) The requirements in this subpart do not apply to services relating to research and development or military construction per Title 10 U.S.C. 2330(c)(2).

(f) Decision authorities shall retain the ability to respond rapidly to emergencies. Accordingly, the decision authority may approve either verbally or electronically services determined to be an emergency acquisition in accordance with FAR 18.001(a), (b) or (c). This procedure requires a formal notification of intent by the contracting officer to the decision authority. This procedure also requires the submission of a formal acquisition strategy to the decision authority within 30 days of the notice to proceed.

5137.590-3 Review thresholds.

(a) Before the contracting officer issues the final solicitation or, for other than full and open competition, before negotiations commence, the SSM shall submit to the Director, Defense Procurement and Acquisition Policy (DPAP) the acquisition strategy document for any proposed acquisition of services with an estimated value of $1 billion or more including base period and option period(s), Information Technology (IT) services acquisition with an estimated value of more than $500 million including base period and option period(s), and special interest programs designated by the USD(AT&L) or DoD CIO, regardless of the estimated dollar value. After approval of the acquisition strategy, the acquisition may proceed, and the contracting officer may release the final solicitation, subject to the separate peer review process outlined in DFARS 201.170 and in 5101.170, and any other required local reviews.

(b) The DASA(P) or SSM shall approve service acquisitions with a total planned dollar value of $250 million or more but less than $1 billion. The ASA(ALT), DASA(P), or SSM may review and approve acquisitions designated as special interest, regardless of the estimated dollar value. After approval of the acquisition strategy, the acquisition may proceed, and the contracting officer may release the final solicitation, subject to the separate peer review process outlined in DFARS 201.170 and in 5101.170, and any other required local reviews.

(c) Program executive officers (PEOs), or direct reporting program managers (PMs) and HCAs will review and approve service acquisitions not already supported in an approved program acquisition strategy under their cognizance with a total planned dollar value of $50 million or more but less than $250 million and any service acquisition identified by the PEO/direct reporting PM or HCA as special interest. HCAs may delegate this approval to the PARC. After approval of the acquisition strategy, the acquisition may proceed, and the contracting officer may release the final solicitation, subject to the separate peer review process outlined in 5101.170, and any other required local reviews.

(d) The HCA and PMs shall review and approve service acquisitions with a total planned dollar value greater than the simplified acquisition threshold but less than $50 million. The HCA may delegate approval to a level no lower than the chief of the contracting office (CCO). After approval of the acquisition strategy, the acquisition may proceed, and the contracting officer may release the final solicitation, subject to any required local reviews.

TABLE 37-1, ARMY ACQUISITION OF SERVICES CATEGORIES
Category | Estimated Value | Decision Authority
Acquisitions > $1B | Any acquisition of services (excluding R&D and military construction) with a total estimated value of $1 billion or more (See Note 1) | Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L))
IT Acquisitions >$500M | Any acquisition of IT services with a total estimated cost of $500 million or more (See Note 2) | USD(AT&L)
Special Interest | As designated by USD(AT&L), DoD CIO, ASA(ALT), DASA(P), SSM, or Army CIO | USD(AT&L) for acquisitions designated as special interest by the USD(AT&L) or DoD CIO. ASA(ALT), DASA(P) or SSM for acquisitions designated as special interest by the ASA(ALT), Army CIO, DASA(P) or SSM.
Category I | Any acquisition of services with a total estimated cost of $250 million or more but, less than $1billion | DASA(P) or SSM
Category II | Acquisition of services valued at $50 million, but less than $250 million | HCA (delegable no lower than the PARC), PEO or direct reporting PM
Category III | Acquisition of services valued at the simplified acquisition threshold, but less than $50 million | HCA (delegable no lower than the CCO) or PM
Notes: 1. The Office of the Deputy Assistant Secretary of the Army, Procurement (ODASA(P)) shall notify the DPAP of any proposed acquisition of services with an estimated value greater than $1 billion including base period and option period(s). 2. The ODASA(P) shall notify the DPAP of any proposed acquisition of IT services with a total estimated value over $500 million including base period and option period(s).

5137.590-4 Review procedures.

Contracting officers shall forward, through the contracting chain as necessary, service acquisitions meeting the review thresholds above to the appropriate approval authority for review and approval prior to issuance of the solicitation. For service acquisitions requiring USD(AT&L), DoD CIO or SSM review and approval, the HCA will submit the acquisition strategy to the Office of the DASA(P), ATTN: Senior Services Manager (SAAL-PV) to the address at 5101.290(b)(2)(ii)(F). At a minimum, the strategy will contain all the information included at 5137.590-6.

5137.590-5 Army Service Strategy Panel (ASSP).

(a) General requirements.

(1) The Headquarters, Department of the Army (HQDA) ASSP process will provide senior Army functional officials the opportunity to review proposed acquisition strategies and proposed metrics for service acquisitions, and to reach consensus on strategies that are most advantageous to the Army. ASSPs shall occur as early as possible in the acquisition planning process to develop a systematic and disciplined approach to achieve an affordable, efficient, and effective acquisition. The Office of the DASA(P) will serve as the coordinator for all ASSPs conducted at the HQDA level.

(2) ASSPs shall occur at the HQDA level for all service acquisitions with a total planned value of $250 million or more or any service acquisition determined to be of special interest by the ASA(ALT), DASA(P), SSM, or Army CIO regardless of dollar value. The ASSP chairperson has the authority to waive the requirement for an ASSP.

(3) PEOs, direct reporting PMs and HCAs shall conduct ASSPs for service acquisitions with total planned values of $50 million or more but less than $250 million. PEOs, direct reporting PMs and HCAs shall establish requirements and procedures to govern the ASSP process. HCAs may delegate authority to conduct ASSPs to the PARC, without authority to further delegate. HCAs shall coordinate on all ASSPs conducted at the HQDA level or above.

(4) The HCA shall review and approve service acquisitions with a total planned dollar value greater than the simplified acquisition threshold and less than $50 million, consistent with operational impact and risks associated with the service acquisition. The HCA may delegate this authority to the PARC. The PARC may delegate authority no lower than the CCO.

(b) ASSP chairperson.

(1) The SSM will chair the HQDA ASSP.

(2) The ASSP chairperson will provide feedback on ASSPs to the ASA(ALT).

(c) ASSP Membership. As unique requirements of each acquisition dictate, the ASSP chairperson shall determine ASSP membership.

(1) The standing ASSP membership includes the following:

(i) SSM.

(ii) Deputy General Counsel (Acquisition).

(iii) Assistant Secretary of the Army (Financial Management and Comptroller).

(iv) Director, Army Office of Small Business Programs.

(v) Senior representative from either the requirement or program management arena.

(2) For acquisition of IT services, the Army CIO/G6 shall be a standing member.

(3) The Commander, Army Contracting Command will augment the ASSP membership when the Army Contracting Command submits an acquisition strategy for review and approval.

(4) The ASSP chair will invite other members as acquisition issues dictate. Based upon consensus reached among ASSP members, the ASSP membership will provide recommendations to the decision authority for review and consideration on the instant acquisition strategy. The decision authority will make the final decision on approval of the acquisition strategy.

(d) Source selection authority. If the acquisition will use formal source selection procedures, do not identify the name of the source selection authority (SSA) during the ASSP meeting.

(e) ASSP minutes and acquisition strategy approval. At the conclusion of the ASSP, the ASSP coordinator will prepare the ASSP minutes and obtain approval of the acquisition strategy from the decision authority. The decision authority will approve metrics for the service acquisition.

(f) Timelines.

(1) The SSM will conduct the review, coordination and approval of the acquisition strategy in a streamlined and efficient manner. The goal of the process is to have the acquisition strategies with a total planned dollar value of $250 million or more but less than $1 billion reviewed and approved within 30 working days from receipt of the request for services acquisitions.

(2) The SSM must provide advance notification to the DPAP, as appropriate, in accordance with 5137.590-3 before recommending approval of a strategy for an acquisition of services with a total planned dollar value of $1 billion or more, or an IT services acquisition with a total planned dollar value of $500 million or more. The Office of the USD(AT&L) will review the proposed acquisition strategy document within 30 days after receipt.

5137.590-6 Acquisition strategy content.

(a) At a minimum, the acquisition strategy will address the following:

(1) Requirement. The outcomes to be satisfied and if such outcomes are performance-based (see FAR subpart 37.6). If not performance-based, obtain the Senior Procurement Executive’s approval for acquisitions exceeding the dollar threshold identified at DFARS 237.170-2(a)(2). Address the service acquisition measures of success and how the requirement was previously satisfied, if not new.

(i) Will the requirement be satisfied through the use of a non-DOD contract? If so, indicate whether the appropriate official has approved the acquisition in accordance with the policy and procedures described at 5117.7802.

(ii) Include a discussion of the procurement history.

(iii) Address challenges that drive the mission or acquisition approach.

(iv) Indicate if there is any congressional interest in the requirement.

(v) Discuss opportunities for strategic sourcing.

(vi) All acquisitions of IT services, regardless of dollar value, are subject to the Clinger-Cohen Act: 40 U.S.C. 11101 et seq. Discuss the specific applicability and implications of the Clinger-Cohen Act.

(2) Risk Management. Provide an assessment of current and potential technical, cost, schedule and performance risks, the level of stated risks, and a risk mitigation plan.

(3) Competition. Explain how the acquisition will provide for full and open competition. If other than full and open competition applies to the acquisition, explain why and include a citation of the statutory authority that allows for other than full and open competition. Address plans for competition for any foreseeable follow-on acquisitions.

(i) Describe the nature and extent of the market research that the Government acquisition team conducted. This should, at a minimum, address the identification of small business sources capable of performing the services and discuss how this information impacted the acquisition strategy for both prime and subcontracting opportunities.

(ii) Is this a consolidated requirement? If so, indicate whether appropriate official has approved the consolidation (see 5107.170-3(a)(3)).

(4) Socio-Economic Implications. Address how the new acquisition will support the achievements of small business goals and targets. Address how the new acquisition will support any other socio-economic program and/or required-source program, such as AbilityOne.

(i) If this is a bundled requirement, include the benefit analysis as prescribed in the DoD Benefit Analysis Guidebook located at: http://www.acq.osd.mil/osbp/docs/benefits_analysis_guidebook.pdf.

(ii) Indicate whether the Small Business Administration procurement center representative has concurred on the DD Form 2579.

(iii) Include a discussion of subcontracting potential and goals.

(5) Business Arrangements. Address how the acquisition will be funded, the type of business arrangements anticipated (e.g., single contract, multiple award task order contract, task orders under existing multiple award contracts, interdepartmental transfers, and interdepartmental purchase requests), the duration of each business arrangement (base period and all option periods), cost estimate for the total planned acquisition, and pricing arrangements (e.g., fixed price, cost reimbursement, time and materials, labor hour, or variations, based on guidance in FAR part 16 and, for commercial services, in FAR part 12). Task orders executed within a service acquisition reviewed pursuant to this subpart do not require a separate review, provided the contracting officer issues the task order consistent with any conditions specified by the acquisition strategy decision authority. At a minimum, address the following:

(i) Include the total estimated dollar value of the procurement, to include all options.

(ii) Address whether funding is available and the type of funds that will be used.

(iii) Address the contract type and the basis for selection. If the contracting officer anticipates using a contract type with award fee, include a discussion of the award fee plan, related criteria and evaluation process to include how the award fee evaluation will incorporate attainment of the metrics.

(iv) Assess long-term continuing requirements using cost-type contracts for conversion to fixed price or other lower risk contractual arrangement, especially when the contracting officer decides to use a cost-type contract after initial analysis indicates that a fixed-price or other low-risk contract instrument may be appropriate.

(v) Discuss the source selection process, including whether it will be formal or informal, proposed evaluation criteria, and the basis for award. If the procurement will use a formal source selection process, do not identify the name of the SSA in the strategy.

(vi) Discuss any waivers or deviations that will be required.

(vii) Discuss contract administration to include the involvement of the contracting officer’s representative and/or the Defense Contract Management Agency.

(viii) Discuss the existing or planned management approach following contract award to include the tracking procedures or processes used to monitor contract performance. This approach could include, but not be limited to, a quality assurance surveillance plan and written oversight plans and responsibilities.

(ix) Include a milestone schedule which contains key points up to time of award.

(6) Multi-year contracts. If the acquisition strategy calls for a multi-year service contract as defined in FAR subpart 17.1 (see also DFARS 217.171) under the authority of 10 U.S.C. 2306c, the acquisition strategy must address the Army’s plans for budgeting for termination liability.

(7) Leases. Include a lease-purchase strategy if required by OMB Circular A-94, Section 13.

(8) Metrics. Address the cost, the schedule and the performance metrics to include the plan for measuring service acquisition outcomes against requirements. If the acquisition strategy does not include metrics, the contracting officer must submit the metrics for the decision authority approval prior to execution of any business instrument (e.g., contract, military interdepartmental purchase request (MIPR)) that initiates the acquisition.

5137.590-7 Data collection and reporting.

(a) The following data shall be available for each acquisition of services in excess of the simplified acquisition threshold. The following data are required regardless of whether the purchase is in the form of a contract, task order, military interdepartmental purchase request, or any other form of interagency agreement:

(1) Description of the service purchased.

(2) The total estimated dollar value including base period and option period(s) of the contracts, task orders, or MIPRs.

(3) The total estimated value of the instant acquisition and the total dollar amount obligated to date on the contract.

(4) The form (e.g., contract, purchase order, delivery or task order, etc.) of the contracting action used to make the purchase.

(5) The type of contract used to make the purchase (i.e., fixed price, cost, time and materials, etc.).

(6) Whether the purchase was made through –

(i) A performance-based contract, performance-based task order or other performance-based arrangement that contains firm fixed prices for the specific tasks to be performed;

(ii) Any other performance-based contract, performance-based task order, or performance-based arrangement; or

(iii) Any contract, task order, or other arrangement that is not performance-based.

(7) In the case of a purchase made through an agency other than the DoD, the agency that makes the purchase.

(8) The extent of competition provided in making the purchase and whether there was more than one offer.

(9) Whether the purchase was made from –

(i) A small business concern;

(ii) A small business concern owned and controlled by socially and economically disadvantaged individuals;

(iii) A small business concern owned and controlled by women;

(iv) A qualified small business concern located in a historically underutilized business zone;

(v) A small business concern owned and controlled by service-disabled veterans; or

(vi) A small business concern owned and controlled by veterans.

(b) Contracting activities shall consolidate data at the HCA level, by form (contract, purchase order, delivery or task order, etc.) of purchase, and provide on an annual basis through SAAL-PP to the DASA(P) by October 30 of each year.

(c) Services that are part of a weapon system acquisition program or an automated information system managed in accordance with DoDI 5000.02 shall undergo review as part of that program management process.

5137.590-8 Execution reviews.

(a) Contracting organizations will submit annual report(s) on program(s) progress towards meeting the approved metrics to the decision authority on every approved acquisition strategy. The appropriate decision authority may specify a more frequent reporting schedule.

(b) For service acquisitions with a total planned dollar value of $250 million and greater, organizations shall consolidate this information and provide through the DASA(P), ATTN: SAAL-PP, to the address at 5101.290(b)(2)(ii)(A), to the Senior Procurement Executive by October 30 of each year.

(c) This requirement does not apply to service acquisitions that are part of a weapon system acquisition program or an automated information system managed in accordance with DoDI 5000.02. However, this requirement applies to service acquisitions that occur after a program reaches full operational capability and have not been subject to previous milestone reviews.

Subpart 5137.72 – Educational Service Agreements

5137.7204 Format and clauses for educational service agreements.

Contracting officers may use DD Form 1155 or Standard Form 26, as appropriate, as order forms under educational service agreements.

5137.7204-90 Establishing educational service agreements.

One of the offices in 5137.7204-93 will furnish requests and information necessary for the establishment of an educational service agreement.

5137.7204-91 Purchase requests.

(a) Requests to issue an order under the educational service agreement must include –

(1) The estimated cost of training by year, semester, term, or quarter;

(2) The authority to adjust cost figures without requesting approval whenever the actual cost of a course will exceed the estimated cost by less than $100, except when the course is taught by professors of military science; and

(3) The information in 5137.7204-92(c)(1)-(4).

(b) The contracting officer shall obtain additional funds in writing from the funding activity when the actual cost of a course will exceed the estimated cost by $100 or more, except when professors of military science teach the course.

5137.7204-92 Ordering procedures.

(a) The contracting officer shall issue a separate order for each required training session (e.g. year, semester, term, or quarter), and obligate funds to cover the instruction of those individuals identified on the order form for the period specified.

(b) The contracting officer may issue an order for the next fiscal year prior to the availability of funds, notwithstanding 5132.7 to preclude delays in enrollment. Insert the clause in FAR 52.232-18, Availability of Funds, in the order. When the funds become available, the contracting officer shall use Standard Form 30 to modify the order to cite the appropriation chargeable and to delete the Availability of Funds clause.

(c) An order may authorize the enrollment of any number of military personnel or Reserve Officers’ Training Corps (ROTC) scholarship cadets and must –

(1) Identify each individual authorized to enroll by name and rank; for ROTC scholarship cadets, show social security number in lieu of rank;

(2) Identify the individual as an Army Medical Department member or ROTC scholarship cadet, when applicable;

(3) Identify each course for which the individual is enrolling and its actual or estimated cost;

(4) State the appropriation chargeable for the instruction of each individual; and

(5) Include the statement: “Whenever the actual cost of a course will exceed the estimated cost shown on this order by $100 or more, the Contractor shall submit a written request for approval to the Contracting Officer prior to commencing instruction.”

5137.7204-93 Distribution of orders.

Distribute one copy of each order, modification, and payment voucher as follows –

(a) For Army Medical Department personnel,

Commander, AMEDDC&S, Department of Health Education and Training

Attn: MCCS-HE

2377 Greeley Road, Suite B

Fort Sam Houston, TX 78234-5075;

(b) The appropriate professor of military science for ROTC scholarship cadets;

(c) For Army officer personnel other than those identified in (a) and (b),

Office of the Deputy Chief of Staff, G1

Director of Military Personnel Management, Officer Division

Attn: DAPE-MPO-S

300 Army Pentagon

Washington DC 20310-0300;

(d) For Army enlisted personnel other than those identified in (a),

Office of the Deputy Chief of Staff, G1

Director of Military Personnel Management, Enlisted Division

Attn: DAPE-MPE-PD

300 Army Pentagon

Washington DC 20310-0300.

5137.7204-94 Gratuitous agreements.

(a) A gratuitous agreement is an agreement with a civilian educational institution or with a commercial firm for training of military personnel for which the Government does not pay.

(b) One of the offices in 5137.7204-93 will furnish requests and information necessary for the execution of a gratuitous agreement to the contracting office.

(c) The contracting officer shall furnish two copies of the gratuitous agreement to the appropriate addressee in 5137.7204-93. In addition, the contracting officer shall furnish a copy of the agreement to all Army activities likely to have use for the training covered by the agreement.

Subpart 5137.90 – Security Clearances and Identification for Contractor Personnel

5137.9001 Responsibilities.

The contracting officer is responsible for identifying contractor required security clearances in the solicitation and including the DD Form 254 as an attachment. The contracting officer is also responsible for including the process and procedures for contractor personnel to obtain identification cards, tags, and badges.

Subpart 5137.91 – Accounting for Contract Services

5137.9101 Policy

(a) Contracting officers shall ensure that the requirement to report contractor manpower is included in all contracts, task/delivery orders and modifications. The cognizant contracting officer shall include a separate line item in Section B of the contract to allow for payment in compliance with this requirement.

(b) Report all services that are internal Army requirements regardless of dollar threshold. The list of contracts for which reporting is not applicable is located on the Assistant Secretary of the Army Manpower and Reserve Affairs (ASA(M&RA)) website http://www.asamra.army.mil/scra/documents/ServicesContractApprovalForm.pdf.

(c) The Under Secretary of Defense for Acquisition, Technology and Logistics (USD(AT&L)) established the Enterprise-wide Contractor Manpower Reporting Application (eCMRA) on November 28, 2012. It provides most of the source data for compliance with sections 235 and 2330a of Title 10, United States Code.

(e) Enter data into the eCMRA system at any time during the contract’s period of performance. However, data must be accurate and complete and entered into eCMRA not later than October 31 after the completion of each fiscal year or part of a fiscal year for which such contract is active.

(f) The Contractor Manpower Reporting application is available via the Internet at https://cmra.army.mil.