[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR37.103]

[Page 733]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 37_SERVICE CONTRACTING--Table of Contents
 
                 Subpart 37.1_Service Contracts_General
 
Sec.  37.103  Contracting officer responsibility.

    (a) The contracting officer is responsible for ensuring that a 
proposed contract for services is proper. For this purpose the 
contracting officer shall--
    (1) Determine whether the proposed service is for a personal or 
nonpersonal services contract using the definitions at 2.101 and 37.101 
and the guidelines in 37.104;
    (2) In doubtful cases, obtain the review of legal counsel; and
    (3) Document the file (except as provided in paragraph (b) below) 
with (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 (iii) any further documentation 
that the contracting agency may require.
    (b) Nonpersonal services contracts are exempt from the requirements 
of subparagraph (a)(3) above.
    (c) Ensure that performance-based contracting methods are used to 
the maximum extent practicable when acquiring services.
    (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 
42 U.S.C. 13041, as amended, and agency procedures.

[48 FR 42365, Sept. 19, 1983, as amended at 55 FR 36796, Sept. 6, 1990; 
59 FR 67051, Dec. 28, 1994; 62 FR 233, Jan. 2, 1997; 62 FR 44815, Aug. 
22, 1997; 62 FR 51379, Oct. 1, 1997; 66 FR 2133, Jan. 10, 2001]