(b) The contracting officer shall insert the clause at 52.237-5, Payment by Contractor to Government in solicitations and contracts for dismantling, demolition, or removal of improvements whenever the contractor is to receive title to dismantled or demolished property and a net amount of compensation is due to the Government, except if the contracting officer determines that it would be advantageous to the Government for the contractor to pay in increments and the Government to transfer title to the contractor for increments of property only upon receipt of those payments. When used, the performance incentives shall correspond to the performance standards set forth in the contract (see 16.402-2). Using SAM, you'll able to certify that your business is eligible for contracts that are reserved for small businesses. (a) Performance standards establish the performance level required by the Government to meet the contract requirements. (a) Performance-based acquisition (see subpart 37.6) is the preferred method for acquiring services (Public Law106-398, section 821). When acquiring services, including those acquired under supply contracts or orders, agencies must-, (1) Use performance-based acquisition methods to the maximum extent practicable, except for-. 37.109 Services of quasi-military armed forces. On June 26, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that proposes to update payment rates and policies and includes requests for information under the end-stage renal disease (ESRD) Prospective Payment System (PPS) for renal dialysis services furnished to Medicare beneficiaries on or after January 1, 2024. JUST IN: TikTok Ban Issued for Federal Government Contractors DOD's David McKeown Receives 2023 Wash100 Award From - ExecutiveGov This subpart prescribes policies and procedures for acquiring advisory and assistance services by contract. Any of the property that is more useful to the Government than its value as salvage to the contractor should be expressly designated in the contract for retention by the Government. Guidance to help your business comply with Federal government security requirements. For technical support or help with accessibility options and assistive technology, contact the LMS Helpdesk at 1-855-495-2184. These services shall not be used in lieu of regular recruitment under civil service laws or to displace a Federal employee. A recently acquired European immigration business has also made more than expected. Agencies must ensure that-. This determination may be appropriate, for example, if it encourages greater competition or participation of small business concerns. For the full year, the company expected to make profits of about 245m, 3% higher than 2022 and 4% more than . (2) Consider the administrative cost and time associated with conducting the search, the dollar value of the procurement, other costs, such as travel costs involved in the use of such personnel, and the needs of the Federal agencies to make management decisions on the best use of available personnel in performing the agencys mission. (f) Personal services contracts for the services of individual experts or consultants are limited by the Classification Act. 37.204 Guidelines for determining availability of personnel. (a) Use of uncompensated overtime is not encouraged. (a) The acquisition of advisory and assistance services is a legitimate way to improve Government services and operations. (2) Will be performed in whole or in part outside the United States. Contracting officers should consider past performance data from a wide variety of sources both inside and outside the Federal Government in accordance with the policies and procedures contained in subpart 9.1 . (1) An officer or an individual who is appointed in the civil service by one of the following acting in an official capacity-. Nonpersonal services contract means a contract under which the personnel rendering the services are not subject, either by the contracts terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. INTRODUCTION THE LAST TWENTY-FIVE YEARS HAVE SEEN INTENSE DEBATE about whether the private sector can provide a variety of public services more effectively than the government. (d) See 9.508 regarding the use of an appropriate provision and clause concerning the subject of conflict-of-interest, which may at times be significant in solicitations and contracts for services. (e) An agency may make a determination regarding the availability of covered personnel for a class of proposals for which evaluation and analysis would require expertise so unique or specialized that it is not reasonable to expect such personnel to be available. This includes uncompensated overtime hours that are in indirect cost pools for personnel whose regular hours are normally charged direct. Service Contract Inventory (SCI), Acquisition.GovAcquisition Community ConnectionChief Acquisition Officers Council (CAOC)Defense Acquisition University (DAU)Federal Acquisition Institute (FAI)Federal Acquisition Regulatory CouncilFederal Procurement Data System (FPDS)The Federal RegisterOFPP Act. (g) Services are to be obtained in the most cost-effective manner, without barriers to full and open competition, and free of any potential conflicts of interest. Obtaining personal services by contract, rather than by direct hire, circumvents those laws unless Congress has specifically authorized acquisition of the services by contract. An organization providing guard or protective services does not thereby become a "quasi-military armed force," even though the guards are armed or the organization provides general investigative or detective services. Examples of instances where use of the clause may be appropriate are services in remote locations or services requiring personnel with special security clearances. The CAS Board is an independent statutorily-established Board (41 U.S.C. (c) Agencies with statutory multiyear authority shall consider the use of this authority to encourage and promote economical business operations when acquiring services. OFPP was established by Congress in 1974 to provide overall direction for government-wide procurement policies, regulations and procedures and to promote economy, efficiency, and effectiveness in acquisition processes. An official website of the General Services Administration. OFPP is headed by an Administrator who is appointed by the President and confirmed by the Senate. 1.1.1 Public Works/ Procurement and Contracting It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and, except as otherwise authorized, are in . Subpart 37.5 - Management Oversight of Service Contracts. The debate has touched on services ranging from education, healthcare and transportation to trash collection and street repair. Contracts | Funding | CDC (e) When specific statutory authority for a personal service contract is cited, obtain the review and opinion of legal counsel. (1) Obtained through personnel appointments and advisory committees; (2) Obtained through personal service contracts authorized by statute; (3) For construction as defined in 2.101; or. PDF Text File Part 2 How the Government Buys - Small Business Administration Serco lifts profit outlook amid 'robust' demand for immigration services Define the length or term of the agreement. How to Sell to the Government | GSA 37.110 Solicitation provisions and contract clauses. Amazon Is in Talks to Expand Cloud Contract With the Dutch Government At the same time that Oliver and Moore were looking at the contracting problem from an economics perspective, University of Tennessee researchers (including two of us, Kate and . This provision requires offerors to respond only if the offeror represented that it "does provide or use covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraphs (c)(1) or (c)(2) of the FAR . What Is Government Contracting? Government Contractors (2) Severance payments made by a contractor to a foreign national employed by the contractor under a DoD service contract in the Republic of the Philippines, if the discontinuation of the foreign national is the result of the termination of basing rights of the United States military in the Republic of the Philippines (section1351(b) of Public Law102-484, 10 U.S.C.1592, note). 41 U.S.C.chapter 67, Service Contract Labor Standards, provides for minimum wages and fringe benefits as well as other conditions of work under certain types of service contracts. (b) The contracting officer shall consider the usefulness to the Government of all salvageable property. (i) Architect-engineer services acquired in accordance with 40 U.S.C.1101 et seq. Reforming federal procurement and acquisitions policies The subpart applies to contracts, whether made with individuals or organizations, that involve either personal or nonpersonal services. (1) Describe the work in terms of the required results rather than either "how" the work is to be accomplished or the number of hours to be provided (see 11.002(a)(2) and 11.101); (2) Enable assessment of work performance against measurable performance standards; (3) Rely on the use of measurable performance standards and financial incentives in a competitive environment to encourage competitors to develop and institute innovative and cost-effective methods of performing the work. Phase I - Planning and Forecasting (2) A member of the Armed Services of the United States. (b) When the head of an agency has granted a waiver pursuant to 37.113-1, use the clause at 52.237-9, Waiver of Limitation on Severance Payments to Foreign Nationals. This includes items such . (5) The need for the type of service provided can reasonably be expected to last beyond 1 year. Inventories are available on agency websites or through the following links. Discuss what expenses the contractor must pay and what the covered expenses . Contracts for dismantling, demolition, or removal of improvements are subject to either 41 U.S.C.chapter 67, Service Contract Labor Standards, or 40 U.S.C.chapter 31, subchapter IV, Wage Rate Requirements (Construction). Federal government purchasescalled procurementcan have a substantial impact on the success of small . 37.203 Policy. (d) Protect the Government against damage to adjoining property. What does an IT Government contractor do? - DigitalSpec (b) When offerors propose performance standards in response to a SOO, agencies shall evaluate the proposed standards to determine if they meet agency needs. NGA Posts RFI for Follow-On MOJAVE Enterprise IT Services Contract (2) The Government anticipates difficulties during the transition from one contractor to another or to the Government. PDF CONSTRUCTION CONTRACTS - PROMPT PAYMENT ACT - Utah State Legislature (7) Architect-Engineering (see subpart 36.6). (i) The opinion of legal counsel, if any, (ii) A memorandum of the facts and rationale supporting the conclusion that the contract does not violate the provisions in 37.104(b), and. To the maximum extent practicable, the program officials shall describe the need to be filled using performance-based acquisition methods. This subpart prescribes procedures for contracting for dismantling or demolition of buildings, ground improvements and other real property structures and for the removal of such structures or portions of them (hereafter referred to as "dismantling, demolition, or removal of improvements"). If the contracting officer determines that all material resulting from the dismantling or demolition work is to be retained by the Government, use the basic clause with its AlternateI. (a) When contracts for services are funded by annual appropriations, the term of contracts so funded shall not extend beyond the end of the fiscal year of the appropriation except when authorized by law (see paragraph (b) of this section for certain service contracts, 32.703-2 for contracts conditioned upon availability of funds, and 32.703-3 for contracts crossing fiscal years). Activities 4507). (iii) A member of the uniformed services; (iv) An individual who is an employee under 5 U.S.C.2105; (v) The head of a Government-controlled corporation; or. Subpart 37.6 - Performance-Based Acquisition. The United States Government is the single largest procurer of goods and services in the world, and the Department of Defense (DOD) accounts for the lion's share of federal acquisitions. (a) The contracting officer shall insert the provision at 52.237-1, Site Visit, in solicitations for services to be performed on Government installations, unless the solicitation is for construction. The federal contracting process is made up of six key phases and begins with planning and forecasting acquisition needs and ends with administering the awarded contract. The method of contracting used to provide for competition may vary with the type of service being acquired and may not necessarily be limited to price competition. A New Approach. contracting for government services. (b) Architectural and engineering services as defined in 40 U.S.C. DFARS Cybersecurity Requirements - Information for Department of Defense (DoD) contractors that process, store or transmit Controlled Unclassified Information (CUI) who must meet the Defense Federal Acquisition Regulation Supplement (DFAR).DFAR provides a set of basic security controls. 37.205 Contracting officer responsibilities. Acquisition powerhouses unite: DLA's contracting summit fuels (a) The contracting officer shall insert the clause at 52.237-4, Payment by Government to Contractor, in solicitations and contracts solely for dismantling, demolition, or removal of improvements whenever the contracting officer determines that the Government shall make payment to the contractor in addition to any title to property that the contractor may receive under the contract. The contracting officer may include the clause in bilateral purchase orders for nonpersonal health care services awarded under the procedures in part 13. Assess your business | U.S. Small Business Administration (c) The contracting officer shall insert the clause at 52.237-6, Incremental Payment by Contractor to Government, in solicitations and contracts for dismantling, demolition, or removal of improvements if (l) the contractor is to receive title to dismantled or demolished property and a net amount of compensation is due the Government, and (2) the contracting officer determines that it would be advantageous to the Government for the contractor to pay in increments, and for the Government to transfer title to the contractor for increments of property only upon receipt of those payments. It buys all types of products and services, and is required by law to provide opportunities for small businesses. Past performance should be an important element of every evaluation and contract award for commercial products and commercial services. 37.402 Contracting officer responsibilities. Understand the contracting methods used by government contracting officers to buy goods and services. The U.S. government is the world's largest customer. (d) Ensure that contracts for child care services include requirements for criminal history background checks on employees who will perform child care services under the contract in accordance with 34U.S.C. https://www.whitehouse.gov/omb/management/office-federal-procurement-policy/?utm_source=link, Office of the United States Trade Representative, The Office of Performance and Personnel Management, Office of the Federal Chief Information Officer, Government-wide Acquisition Legislative Proposals, Federal Activities Inventory Reform (FAIR) Act, Chief Acquisition Officers Council (CAOC), Contracting Guidance to Support Modular Development, Update to FAC Managers Guide to Competitive Sourcing: 2nd Edition, Performance-Based Service Acquisition, Contracting for the Future, Federal Acquisition Certification in Contracting (FAC-C) Modernization, Strategies for Meeting and Exceeding the Small Disadvantaged Business Goal for Fiscal Year 2022, FAR Council Memo on Executive Order 14005 MIA Deviation, Improving the Transparency of Made in America Waivers, FAR Council Guidance on Agency Issuance of Deviations to Implement Executive Order 14042, Reducing Procurement Administrative Lead Time Using Modern Business Practices, Limiting Use of Educational Requirements in Federal Service Contracts, Increasing the Participation of Americans with Disabilities in Federal Contracting, Myth-Busting #4 Strengthening Engagement with Industry Partners through Innovative Business Practices, Establishment of Federal Acquisition Certification in Contracting Core-Plus Specialization in Digital Services (FAC-C-DS), Service Contract Inventories (January 17, 2017), Myth-Busting 3: Further Improving Industry Communication with Effective Debriefings, M-16-14, Category Management Policy 16-2: Providing Comprehensive Identity Protection Services, Identity Monitoring, and Data Breach Response, M-16-12, Category Management Policy 16-1: Improving the Acquisition and Management of Common Information Technology: Software Licensing, Acquisition Innovation Labs & Pilot for Digital Acquisition Innovation Lab, Reducing the Burden of Certifying Earned Value Management Systems, Agreement between NASA and the FAA to Recognize EVMS Certifications, M-16-02, Category Management Policy 15-1: Improving the Acquisition and Management of Common Information Technology: Laptops and Desktops, Acquisition 360 Improving the Acquisition Process through Timely Feedback from External and Internal Stakeholders, Transforming the Marketplace: Simplifying Federal Procurement to Improve Performance, Drive Innovation, and Increase Savings, Management Agenda Priorities for the FY 2016 Budget, Forecast of Contract Support for IT Program Activities for Fiscal Year 2016 through Fiscal Year 2017, Making Better Use of Contractor Performance Information, Revisions to the Federal Acquisition Certification in Contracting (FAC-C), Revisions to the Federal Acquisition Certification for Program and Project Managers (FAC-P/PM), Increasing Efficiencies in the Training, Development, and Management of the Acquisition Workforce, Extension of Policy to Provide Accelerated Payment to Small Business Subcontractors, Improving the Collection and Use of Information about Contractor Performance and Integrity, Strategic Plan for Improving Management of Section 508 of the Rehabilitation Act, Improving Acquisition through Strategic Sourcing, Clarifying Chief Acquisition Officer Roles and Responsibilities, Memorandum: Contracting Guidance to Support Modular Development, Blog: Greater Accountability and Faster Delivery Through Modular Contracting, Follow-up: April 25, 2012 Meeting of the Small Business Procurement Group, Myth-Busting: Addressing Misconceptions and Further Improving Communication During the Acquisition Process, M-12-09, Federal Activities Inventory Reform (FAIR) Act Submission for Fiscal Year 2012, Increasing Opportunities for Small Businesses in Purchase Card Micro-Purchases, Improving Small Business Procurement Data Quality and Process, Reduced Contract Spending for Management Support Services, Improving Sustainable Acquisition and Reporting, Development, Review and Approval of Business Cases for Certain Interagency and Agency-Specific Acquisitions, Revisions to the Federal Acquisition Certification for Contracting Officers Representatives (FAC-COR), Supporting Energy and Sustainability Goal Achievement Through Efficiency and Deployment of Clean Energy Technology, Guidance for Specialized Information Technology Acquisition Cadres, Improving Federal Procurement Data Quality Guidance for Annual Verification and Validation, Increasing Small Business Participation in Federal Contracting, Attracting Talent to the Acquisition Workforce, Myth-Busting: Addressing Misconceptions to Improve Communication with Industry during the Acquisition Process, Improving Contractor Past Performance Assessments: Summary of the Office of Federal Procurement Policys Review, and Strategies for Improvement, Improving the Accessibility of Government Information, Implementation of New Regulatory Coverage on Project Labor Agreements, Survey of Agency Policies and Practices Regarding Contractor Tax Delinquencies, Achieving Better Value From Our Acquisitions, Survey on FY 2009 Green Purchasing Requirements, Increasing Competition and Structuring Contracts for the Best Results, Acquisition Workforce Development Strategic Plan for Civilian Agencies FY 2010-2014, Improving Data Quality Guidance for Fiscal Years 2009 and 2010, Interim Guidance on Reviewing Contractor Reports on the Use of Recovery Act Funds in Accordance with FAR Clause 52.204-11, Improving the Use of Contractor Performance Information, Report on Reemployed Retired Federal Employees and Annuitants, Acquisition Workforce Human Capital Succession Plans, M-09-04, Report to Congress on FY 2008 Competitive Sourcing Efforts, FY 2008 Reporting on Green Purchasing Requirements, Effective Practices for Enhancing Competition, Guidance for Improving the Management and Use of Interagency Acquisitions, Conducting Acquisition Assessments under OMB Circular A-123, Improving Acquisition Data Quality FY 2008 FPDS Data, Guidance on Agency Fiscal Year 2007 Strategic Sourcing Reports, Use of Advisory and Assistance Service Contract Waiver Authority, M-08-13, Update to Civilian Position Full Fringe Benefit Cost Factor, Federal Pay Raise Assumptions, and Inflation Factors used in OMB Circular No.
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when contracting for services it is government policy