scope:

Applicability. This regulation applies to the Active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve, unless otherwise stated.

Purpose

This regulation prescribes Army policies and responsibilities for management and oversight of all service acquisitions (to include Contracted Advisory and Assistance Services (CAAS)). This regulation covers the full range of service contracts, and addresses pre-award and post-award approval requirements, responsibilities, and activities associated with oversight and surveillance of all service contracts. This regulation incorporates guidance issued in the Office of Federal Procurement Policy (OFPP) Letter 93-1 (reissued), dated 18 May 1994 and the Under Secretary of Defense for Acquisition, Technology and Logistics (USD(AT&L)) memorandum, dated 2 October 2006.

a. For purposes of this regulation, the term "service" means the engagement of the time and effort of a contractor whose primary purpose is to perform an identifiable task, or tasks, rather than to furnish an end item of supply. Services embedded in supply or production contracts are subject to the provisions of this regulation.

b. Excluded from this regulation are services that are-

(1) Obtained through personnel appointments and advisory committees.

(2) Obtained through personal services contracts authorized by statute.

(3) Obtained through interagency agreements where the work is being performed by in-house federal employees.

(4) For construction as defined in Subpart 36.102 of the Federal Acquisition Regulation (FAR).

c. For the below listed categories of services, there may be additional review, approval, and oversight requirements:

(1) Personal services (see FAR 37.104).

(2) Research and development (see FAR 35).

(3) Utilities (see FAR 41).

(4) Services that are part of a weapon or automated information system.

(5) Services funded with nonappropriated fun

d. This regulation does not modify and/or supplement the FAR or the Department of Defense Federal Acquisition Regulation Supplement (DFARS) and the Army Federal Acquisition Regulation Supplement (AFARS) to the FAR, which are the principle regulations that govern acquisition within the Army. In the event of any conflicts between this regulation and the FAR, DFARS, or AFARS, the FAR and its supplements will govern.