[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR37.103]



[Page 757]

 

            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]