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DOSAR PART 637 - SERVICE CONTRACTING


PART 637 - SERVICE CONTRACTING


PART 637 - SERVICE CONTRACTING

Subpart 637.1 - Service Contracts - General

637.102 Policy.

637.102-70 Special requirements for the acquisition of local guard services overseas.

(a) Policy. Section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864) encourages the participation of United States persons and qualified United States joint venture persons in local guard contracts overseas under diplomatic security programs.

(b) Evaluation preference. For purposes of determining competitive status, proposals of United States persons and qualified United States joint venture persons shall receive a ten (10) percent price preference reduction.

637.102-71 Acquisition of legal services overseas.

In accordance with 2 FAM 283 and 6 FAM 743, contracting officers shall obtain prior approval from the appropriate office in L and the appropriate bureau for the acquisition of legal services overseas. For acquisitions of legal services for real estate transactions, contracting officers shall obtain prior approval from OBO and L/BA.

637.103 Contracting officer responsibility.

The Office of the Legal Adviser is the DOS legal counsel for the purposes of FAR 37.103(a)(2).

637.104 Personal services contracts.

637.104-70 DOS personal services contracts.

Pursuant to FAR 37.104(b), DOS statutory authorities for personal services contracts are --

(a) For the Department, Section 2(c) of the State Department Basic Authorities Act of 1956, as amended (22 U.S.C. 2669);

(b) For the Bureau of Population, Refugees, and Migration, Section 5(a)(6) of the Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 2605);

(c) For the Bureau for International Narcotics and Law Enforcement Affairs, Section 636(a)(3) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2396);

(d) For the Foreign Service Institute, Section 704(a)(4) of the Foreign Service Act of 1980, as amended (22 U.S.C. 4024);

(e) For the Office of Foreign Missions, Section 208(d) of Title II - Authorities Relating to the Regulation of Foreign Missions, of the State Department Basic Authorities Act of 1956, as amended (22 U.S.C. 4308);

(f) For the Bureau of Overseas Buildings Operations , Section 5 of the Foreign Service Buildings Act, 1926, as amended (22 U.S.C. 296);

(g) For the U.S. Mission to the United Nations, Section 7 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287e);

(h) For the Bureau of International Organization Affairs, the separate State Department appropriations acts; and

(i) For the Bureau of Diplomatic Security, section 206 of Public Law 99-399, as amended by the Emergency Supplemental Appropriations Act of 1998.

637.104-71 Personal services agreements.

(a) Applicability . This section applies only to personal services agreements (PSAs) awarded under the authority of 22 U.S.C. 2669(c).

(b) Definition.

“Personal Services Agreement (PSA)” is a method of employment using the statutory authority under 22 U.S.C. 2669(c). The Procurement Executive has delegated program management responsibility for PSAs awarded under the Department of State basic authority at 22 U.S.C. 2669(c). When applied to U.S. citizens hired under this authority, the term “PSA Plus” is normally used.

DOS contracting officers at overseas posts should not award any personal services contracts that are subject to acquisition statutes and regulations.

(c) Authority . (1) The Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, amended section 2(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)) by revising the Department's authority. This language states: “and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relative to the negotiation, making, and performance of contracts and performance of work in the United States.”

(d) Signatory authority. Only direct hire U.S. citizens may sign PSAs. Provided the individual meets that criteria, individuals who may sign PSAs are limited to the following:

637.110 Solicitation provisions and contract clauses.

(a) The contracting officer shall insert the clause at 652.237-70, Compensatory Time Off, in personal services contracts awarded in support of International Narcotics Control programs overseas, if the contracting officer determines its use appropriate.

(b) The contracting officer shall insert the clause at 652.237-71, Identification/Building Pass, in all solicitations and contracts where contractor personnel require frequent and continuing access to Department of State facilities.

(c) The contracting officer shall insert a clause substantially the same as the clause at 652.237-72, Observance of Legal Holidays and Administrative Leave, in all solicitations and contracts where contractor personnel will be working on-site in any Department of State facility. Overseas contracting activities may add local holidays to the list included in paragraph (a) of the clause.

(d) The contracting officer shall insert the provision at 652.237-73, Statement of Qualifications for Preference as a U.S. Person, in all overseas local guard solicitations.

637.170 - Government use of commercial recruiting firms and nonprofit employment services.

(a) Applicability. The policy stated in this subsection applies to Department of State use of commercial recruiting firms and nonprofit employment services to locate candidates for Federal civil service positions in accordance with 5 CFR Part 300, Subpart D, Use of Commercial Recruiting Firms and Nonprofit Employment Services.

(b) Policy. It is the Department's policy to contract with commercial recruiting firms and/or nonprofit employment services in recruiting for DOS civil service vacancies when such recruiting services are not otherwise available. This policy covers civil service positions in the competitive service; positions in the excepted service under Schedules A, B, and C, or filled by noncareer executive assignment; and, positions in the Senior Executive Service. Contracting with commercial recruiting firms and/or nonprofit employment services shall conform to 5 CFR Part 300, Subpart D; the Federal Personnel Manual; the FAR; and the DOSAR. All such services shall be acquired through the Office of Acquisition, upon certification of need by the Bureau of Human Resources.

(c) Responsibility. (1) The Executive Office for the Bureau of Human Resources is responsible for coordinating clearance and/or approval of a certification of need for acquisition of recruitment services through the Bureau of Human Resources, ensuring compliance with 5 CFR 300.403 and 300.406, and providing the contracting officer with the approved certification. The Executive Office for the Bureau of Human Resources is authorized to generate a blanket waiver of certification of need when appropriate.

(d) Exclusions. (1) As prescribed in 5 CFR 300.401, the Department is prohibited from using a nonprofit employment service sponsored by a partisan political organization.

Subpart 637.2 – Advisory and Assistance Services

637.204 Guidelines for determining availability of personnel.

The head of the contracting activity is the agency head for the purposes of FAR 37.204.

Subpart 637.6 – Performance-Based Contracting

637.601 General.

It is the Department's policy that all new service contracts be performance-based, with clearly defined deliverables and performance standards. Any deviations from this policy shall be fully justified in writing and approved by the Departmental Competition Advocate.

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