Defense Federal Acquisition Regulation Supplement; Guidance on Personal Services (DFARS Case 2009-D028), 54524-54526 [2010-22226]
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54524
Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Rules and Regulations
not impose with respect to such
frequency bands or air interfaces
materially greater obligations than those
imposed on other services subject to this
section. Any new obligations on
manufacturers and Tier I carriers
pursuant to paragraphs (c) through (i) of
this section as a result of such standards
shall become effective no less than one
year after release of the order adopting
such standards and any new obligations
on other service providers shall become
effective no less than 15 months after
the release of such order, except that
any new obligations on manufacturers
and service providers subject to
paragraph (e)(1)(ii) of this section shall
become effective no less than two years
after the release of such order.
*
*
*
*
*
[FR Doc. 2010–22253 Filed 9–7–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 207
RIN 0750–AG61
Defense Federal Acquisition
Regulation Supplement; Acquisition
Strategies To Ensure Competition
Throughout the Life Cycle of Major
Defense Acquisition Programs (DFARS
Case 2009–D014)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is adopting as final,
without change, an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement the Weapon
Systems Acquisition Reform Act of
2009, to improve the organization and
procedures of DoD for the acquisition of
major weapon systems.
DATES: Effective Date: September 8,
2010.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Ms. Meredith Murphy, 703–602–1302.
mstockstill on DSKH9S0YB1PROD with RULES
SUPPLEMENTARY INFORMATION:
A. Background
On May 22, 2009, the Weapon
Systems Acquisition Reform Act (Pub.
L. 111–23) was enacted to improve the
organization and procedures of DoD for
the acquisition of major weapon
systems. This law establishes new
oversight entities within DoD, as well as
new and varied weapon system
VerDate Mar<15>2010
17:27 Sep 07, 2010
Jkt 220001
acquisition and management reporting
requirements.
Section 202 directs the Secretary of
Defense (SECDEF) to ensure that the
acquisition strategy for each major
defense acquisition program (MDAP)
includes: (1) Measures to ensure
competition at both the prime contract
and subcontract level of the MDAP
throughout its life cycle as a means to
improve contractor performance; and (2)
adequate documentation of the rationale
for selection of the subcontractor tier or
tiers. It also outlines measures to ensure
such competition. Furthermore, it
requires the SECDEF: (1) To take
specified actions to ensure fair and
objective ‘‘make-buy’’ decisions by
prime contractors on MDAPs; and (2)
whenever a decision regarding the
source of repair results in a plan to
award a contract for performance of
maintenance and sustainment of a major
weapon system, to ensure that such
contract is awarded on a competitive
basis with full consideration of all
sources.
An interim rule was published at 75
FR 8272 on February 24, 2010. No
comments were received in response to
the interim rule.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993. This is not a major
rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
DoD certifies that this rule will not
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the changes are to internal
Government organization and operating
procedures only. The rule imposes new
oversight and reporting requirements
internal only to DoD. As such, the rule
imposes no changes on contractors
doing business with DoD.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 207
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR part 207 which was
■
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
published at 75 FR 8272 on February 24,
2010, is adopted as a final rule without
change.
[FR Doc. 2010–22230 Filed 9–7–10; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 211 and 237
RIN 0750–AG72
Defense Federal Acquisition
Regulation Supplement; Guidance on
Personal Services (DFARS Case 2009–
D028)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
DoD is issuing an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to enable further
implementation of section 831 of the
Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009
to require DoD to develop guidance
related to personal services contracts.
DATES: Effective Date: September 8,
2010.
Comment Date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before November 8, 2010, to be
considered in the formation of the final
rule.
ADDRESSES: Submit comments
identified by DFARS Case 2009–D028,
using any of the following methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2009–D028 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Meredith
Murphy, OUSD(AT&L)DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
To confirm receipt of your
comment(s), please check https://
www.regulations.gov approximately two
to three days after submission to verify
posting (except allow 30 days for
posting of comments submitted by
mail).
SUMMARY:
E:\FR\FM\08SER1.SGM
08SER1
Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
mstockstill on DSKH9S0YB1PROD with RULES
Meredith Murphy, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP/DARS, Room 3B855, 3060
Defense Pentagon, Washington, DC
20301–3060. Telephone 703–602–1302;
facsimile 703–602–0350.
SUPPLEMENTARY INFORMATION:
A. Background
Section 831 of the Duncan Hunter
National Defense Authorization Act for
Fiscal Year 2009 (Pub. L. 110–417),
Development of Guidance on Personal
Services Contracts, required DoD to
mitigate the risks associated with
personal services by developing
guidance enabling contracting officers to
better distinguish between personal
services and non-personal services.
Recommendations by the Office of the
DoD Inspector General have highlighted
the need for additional clarity in this
area.
DFARS parts 211 and 237 are being
amended to (1) require that statements
of work or performance work statements
clearly distinguish between Government
employees and contractor employees
and (2) ensure that procedures are
adopted to prevent contracts from being
awarded or administered as
unauthorized personal services
contracts. These Government
procedures include an internal
requirement that a program manager, or
equivalent, certification that the service
contract requirement does not include
an unauthorized personal services
arrangement be included in the contract
file.
DoD reviewed guidance in use
throughout the Department, including
several checklists currently used. This
interim rule adopts best practices and
implements a requirement for the
program manager, or equivalent, to
complete and submit a certification to
the contracting officer with a services
contract requirement. A new DFARS
section 211.106, Purchase descriptions
for service contracts, is added to require
that purchase descriptions for service
contracts clearly distinguish between
Government employees and contractor
employees. In addition, a new section
237.503, Agency-head responsibilities,
is added to require DoD agencies to
adopt procedures that (1) ensure service
contract requirements are vetted and
approved in a manner that will prevent
them from being awarded or
administered as unauthorized personal
services contracts, and (2) require a
program manager, or equivalent,
certification to be completed and
provided to the contracting officer as
part of the service contract procurement
request, for inclusion in the contract
VerDate Mar<15>2010
17:27 Sep 07, 2010
Jkt 220001
file, that the service contract
requirement does not include an
unauthorized personal services
arrangement, either in the way the work
statement is written or in the manner in
which the resulting contract will be
managed and overseen. The certification
requirement is designed to ensure that
the prohibitions against personal
services contracting in law (e.g., 10
U.S.C. 129b, 5 U.S.C. 3109, or 10 U.S.C.
1091) are not violated.
This is a significant regulatory action,
and therefore, was subject to review
under section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 604.
C. Regulatory Flexibility Act
DoD does not expect this interim rule
to have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because section 831 affects only internal
government operations and procedures.
The interim rule does not impose any
additional requirements on small
businesses. Therefore, an initial
regulatory flexibility analysis has not
been performed. DoD invites comments
from small business concerns and other
interested parties on the expected
impact of this rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2009–D028) in
correspondence.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule does not
impose information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
E. Determination to Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
that urgent and compelling reasons exist
to publish an interim rule without prior
opportunity for public comment
pursuant to U.S.C. 418b and FAR 1.501–
3(b). This action is necessary because
the statute became effective upon
enactment on October 14, 2008, and it
is imperative that DoD program
managers and contracting officers be
provided with the means to distinguish
between personal and non-personal
services. However, DoD will consider
public comments received in response
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
54525
to this interim rule in the formation of
the final rule.
List of Subjects in 48 CFR Parts 211 and
237
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 211 and 237
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 211 and 237 continues to read as
follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
PART 211—DESCRIBING AGENCY
NEEDS
2. Section 211.106 is added to read as
follows:
■
211.106 Purchase descriptions for service
contracts.
Agencies shall require that purchase
descriptions for service contracts and
resulting requirements documents, such
as statements of work or performance
work statements, include language to
provide a clear distinction between
Government employees and contractor
employees. Service contracts shall
require contractor employees to identify
themselves as contractor personnel by
introducing themselves or being
introduced as contractor personnel and
by displaying distinguishing badges or
other visible identification for meetings
with Government personnel. In
addition, contracts shall require
contractor personnel to appropriately
identify themselves as contractor
employees in telephone conversations
and in formal and informal written
correspondence.
PART 237—SERVICE CONTRACTING
3. Subpart 237.5 is added to read as
follows:
■
Subpart 237.5—Management Oversight
of Service Contracts
237.503
Agency-head responsibilities.
(c) The agency head or designee shall
employ procedures to ensure that
requirements for service contracts are
vetted and approved as a safeguard to
prevent contracts from being awarded or
administered in a manner that
constitutes an unauthorized personal
services contract. Contracting officers
shall follow the procedures at PGI
237.503, include substantially similar
certifications in conjunction with
service contract requirements, and place
the certification in the contract file. The
E:\FR\FM\08SER1.SGM
08SER1
54526
Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Rules and Regulations
[FR Doc. 2010–22226 Filed 9–7–10; 8:45 am]
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993. This is not a major
rule under 5 U.S.C. 804.
BILLING CODE 5001–08–P
B. Regulatory Flexibility Act
program manager or other official
responsible for the requirement, at a
level specified by the agency, should
execute the certification.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 217
[DFARS Case 2008–D023]
Defense Federal Acquisition
Regulation Supplement; Additional
Requirements Applicable to Multiyear
Contracts
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is adopting as final, with
minor editorial corrections, an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement the National
Defense Authorization Act for Fiscal
Year 2008, section 811, entitled
‘‘Requirements Applicable to Multiyear
Contracts for the Procurement of Major
Systems of the Department of Defense.’’
DATES: Effective Date: September 8,
2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, Defense Acquisition
Regulations System, OUSD (AT&L),
DPAP/DARS, 3060 Defense Pentagon,
Room 3B855, Washington, DC 20301–
3060. Telephone 703–602–1302;
facsimile 703–602–0350. Please cite
DFARS Case 2008–D023.
SUPPLEMENTARY INFORMATION:
mstockstill on DSKH9S0YB1PROD with RULES
SUMMARY:
A. Background
DoD published an interim rule at 75
FR 9114 on March 1, 2010, to
implement section 811 of the National
Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110–181), enacted
January 28, 2008. The period for public
comment closed on April 30, 2010. The
interim rule revised DFARS 217.170 and
217.172 to add six new requirements to
which the Secretary of Defense must
certify in writing when requesting
congressional authorization to enter into
a multiyear contract for a major defense
acquisition program. Among these
requirements is the need to certify to
certain cost-savings determinations.
DoD received no comments on the
interim rule. Therefore, DoD is
finalizing the interim rule with minor
editorial corrections only.
VerDate Mar<15>2010
17:27 Sep 07, 2010
Jkt 220001
DoD certifies that this rule will not
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the additional requirements
apply solely to internal Government
operating procedures. The rule
implements section 811 of the National
Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110–181), which
only imposes new responsibilities on
the Secretary of Defense when
requesting congressional authorization
to enter into a multiyear contract for a
major defense acquisition program.
Therefore, the rule will have no
significant cost or administrative impact
on contractors or offerors.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 217
Government procurement.
Therefore, the interim rule published
at 75 FR 9114 on March 1, 2010, is
adopted as final with the following
changes:
■ 1. The authority citation for 48 CFR
part 217 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
PART 217—SPECIAL CONTRACTING
METHODS
2. Section 217.170 is amended by
revising paragraph (b) to read as follows:
■
General.
*
*
*
*
*
(b) Any requests for increased funding
or reprogramming for procurement of a
major system under a multiyear contract
authorized under this section shall be
accompanied by an explanation of how
the request for increased funding affects
the determinations made by the
Secretary of Defense under 217.172(f)(2)
(10 U.S.C. 2306b(i)(1)).
*
*
*
*
*
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
217.172
Multiyear contracts for supplies.
*
*
*
*
*
(d) * * *
(2) In addition, for contracts equal to
or greater than $500 million, the head of
the contracting activity must determine
that the conditions required by
paragraphs (f)(2)(i) through (vii) of this
section will be met by such contract, in
accordance with the Secretary’s
certification and determination required
by paragraph (f)(2) of this section (10
U.S.C. 2306b(a)(1)(7)).
*
*
*
*
*
(f) * * *
(2) The Secretary of Defense certifies
to Congress in writing, by no later than
March 1 of the year in which the
Secretary requests legislative authority
to enter into such contracts, that each of
the conditions in paragraphs (f)(2)(i)
through (vii) of this section is satisfied
(10 U.S.C. 2306b(i)(1)(A)–(G).
*
*
*
*
*
[FR Doc. 2010–22232 Filed 9–7–10; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 217
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
217.170
3. Section 217.172 is amended by
revising paragraphs (d)(2) and (f)(2)
introductory text to read as follows:
■
Defense Federal Acquisition
Regulation Supplement; Payment of
Costs Prior to Definitization—
Definition of Contract Action (DFARS
Case 2009–D035)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is adopting as final,
without change, an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement the National
Defense Authorization Act for Fiscal
Year 2010 to amend the definition of
‘‘contract action’’ to include task orders
and delivery orders.
DATES: Effective Date: September 8,
2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP/DARS, 3060 Defense Pentagon,
Room 3B855, Washington, DC 20301–
3060. Telephone 703–602–1302;
facsimile 703–602–0350. Please cite
DFARS Case 2009–D035.
SUMMARY:
E:\FR\FM\08SER1.SGM
08SER1
]]>Agencies
[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Rules and Regulations]
[Pages 54524-54526]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22226]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211 and 237
RIN 0750-AG72
Defense Federal Acquisition Regulation Supplement; Guidance on
Personal Services (DFARS Case 2009-D028)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to enable further
implementation of section 831 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 to require DoD to develop
guidance related to personal services contracts.
DATES: Effective Date: September 8, 2010.
Comment Date: Comments on the interim rule should be submitted in
writing to the address shown below on or before November 8, 2010, to be
considered in the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS Case 2009-D028, using
any of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: dfars@osd.mil. Include DFARS Case 2009-D028 in the
subject line of the message.
[cir] Fax: 703-602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Meredith
Murphy, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided.
To confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to
verify posting (except allow 30 days for posting of comments submitted
by mail).
[[Page 54525]]
FOR FURTHER INFORMATION CONTACT: Meredith Murphy, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060. Telephone 703-602-1302; facsimile
703-602-0350.
SUPPLEMENTARY INFORMATION:
A. Background
Section 831 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Pub. L. 110-417), Development of Guidance on
Personal Services Contracts, required DoD to mitigate the risks
associated with personal services by developing guidance enabling
contracting officers to better distinguish between personal services
and non-personal services. Recommendations by the Office of the DoD
Inspector General have highlighted the need for additional clarity in
this area.
DFARS parts 211 and 237 are being amended to (1) require that
statements of work or performance work statements clearly distinguish
between Government employees and contractor employees and (2) ensure
that procedures are adopted to prevent contracts from being awarded or
administered as unauthorized personal services contracts. These
Government procedures include an internal requirement that a program
manager, or equivalent, certification that the service contract
requirement does not include an unauthorized personal services
arrangement be included in the contract file.
DoD reviewed guidance in use throughout the Department, including
several checklists currently used. This interim rule adopts best
practices and implements a requirement for the program manager, or
equivalent, to complete and submit a certification to the contracting
officer with a services contract requirement. A new DFARS section
211.106, Purchase descriptions for service contracts, is added to
require that purchase descriptions for service contracts clearly
distinguish between Government employees and contractor employees. In
addition, a new section 237.503, Agency-head responsibilities, is added
to require DoD agencies to adopt procedures that (1) ensure service
contract requirements are vetted and approved in a manner that will
prevent them from being awarded or administered as unauthorized
personal services contracts, and (2) require a program manager, or
equivalent, certification to be completed and provided to the
contracting officer as part of the service contract procurement
request, for inclusion in the contract file, that the service contract
requirement does not include an unauthorized personal services
arrangement, either in the way the work statement is written or in the
manner in which the resulting contract will be managed and overseen.
The certification requirement is designed to ensure that the
prohibitions against personal services contracting in law (e.g., 10
U.S.C. 129b, 5 U.S.C. 3109, or 10 U.S.C. 1091) are not violated.
This is a significant regulatory action, and therefore, was subject
to review under section 6(b) of Executive Order 12866, Regulatory
Planning and Review, dated September 30, 1993. This rule is not a major
rule under 5 U.S.C. 604.
C. Regulatory Flexibility Act
DoD does not expect this interim rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because section 831 affects only internal government operations and
procedures. The interim rule does not impose any additional
requirements on small businesses. Therefore, an initial regulatory
flexibility analysis has not been performed. DoD invites comments from
small business concerns and other interested parties on the expected
impact of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2009-D028) in
correspondence.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
E. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule without prior opportunity for public comment pursuant to
U.S.C. 418b and FAR 1.501-3(b). This action is necessary because the
statute became effective upon enactment on October 14, 2008, and it is
imperative that DoD program managers and contracting officers be
provided with the means to distinguish between personal and non-
personal services. However, DoD will consider public comments received
in response to this interim rule in the formation of the final rule.
List of Subjects in 48 CFR Parts 211 and 237
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 211 and 237 are amended as follows:
0
1. The authority citation for 48 CFR parts 211 and 237 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
0
2. Section 211.106 is added to read as follows:
211.106 Purchase descriptions for service contracts.
Agencies shall require that purchase descriptions for service
contracts and resulting requirements documents, such as statements of
work or performance work statements, include language to provide a
clear distinction between Government employees and contractor
employees. Service contracts shall require contractor employees to
identify themselves as contractor personnel by introducing themselves
or being introduced as contractor personnel and by displaying
distinguishing badges or other visible identification for meetings with
Government personnel. In addition, contracts shall require contractor
personnel to appropriately identify themselves as contractor employees
in telephone conversations and in formal and informal written
correspondence.
PART 237--SERVICE CONTRACTING
0
3. Subpart 237.5 is added to read as follows:
Subpart 237.5--Management Oversight of Service Contracts
237.503 Agency-head responsibilities.
(c) The agency head or designee shall employ procedures to ensure
that requirements for service contracts are vetted and approved as a
safeguard to prevent contracts from being awarded or administered in a
manner that constitutes an unauthorized personal services contract.
Contracting officers shall follow the procedures at PGI 237.503,
include substantially similar certifications in conjunction with
service contract requirements, and place the certification in the
contract file. The
[[Page 54526]]
program manager or other official responsible for the requirement, at a
level specified by the agency, should execute the certification.
[FR Doc. 2010-22226 Filed 9-7-10; 8:45 am]
BILLING CODE 5001-08-P
