48 C.F.R. PART 637—SERVICE CONTRACTING
Title 48 - Federal Acquisition Regulations System
Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
Source: 53 FR 26176, July 11, 1988, unless otherwise noted.
(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. [69 FR 19337, Apr. 13, 2004] The Office of the Legal Adviser is the DOS legal counsel for the purposes of FAR 37.103(a)(2). The Office of the Legal Adviser is the DOS legal counsel for the purposes of FAR 37.104(e). 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. [53 FR 26176, July 11, 1988, as amended at 59 FR 66766, Dec. 28, 1994; 60 FR 39663, Aug. 3, 1995; 64 FR 43629, Aug. 11, 1999; 69 FR 19337, Apr. 13, 2004] (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. [59 FR 66766, Dec. 28, 1994, as amended at 64 FR 43629, Aug. 11, 1999; 69 FR 19337, Apr. 13, 2004] The head of the contracting activity is the agency head for the purposes of FAR 37.204. [64 FR 43629, Aug. 11, 1999] 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. [69 FR 19337, Apr. 13, 2004]
Title 48: Federal Acquisition Regulations System
PART 637—SERVICE CONTRACTING
Section Contents
637.102 Policy.
637.102-70 Special requirements for the acquisition of local guard services overseas.
637.103 Contracting officer responsibility.
637.104 Personal services contracts.
637.104-70 Personal services contracts.
637.110 Solicitation provisions and contract clauses.
637.204 Guidelines for determining availability of personnel.
637.601 General.
Subpart 637.1—Service Contracts—General
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637.102 Policy.
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637.102-70 Special requirements for the acquisition of local guard services overseas.
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637.103 Contracting officer responsibility.
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637.104 Personal services contracts.
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637.104-70 Personal services contracts.
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637.110 Solicitation provisions and contract clauses.
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Subpart 637.2—Advisory and Assistance Services
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637.204 Guidelines for determining availability of personnel.
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Subpart 637.6—Performance-Based Contracting
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637.601 General.
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