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Contract Law Issues

Contract Law Issues. Contract service providers may file EEO complaints with the local Army EEO office 1. All complaints processed through the informal stage 2. Some complaints processed through the formal stage

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Contract Law Issues

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  1. Contract Law Issues • Contract service providers may file EEO complaints with the local Army EEO office 1. All complaints processed through the informal stage 2. Some complaints processed through the formal stage a. AR 690-600, para 3-10: Contingent worker factors b. FAR Section 37.104: Personal services factors 3. Be aware of hidden costs when contracting for services

  2. Contract Law Issues • Proper Market Research is Mandatory 1. Market research means collecting and analyzing information on market capabilities to satisfy agency needs (FAR Section 2.101) 2. The customer (program manager, requiring activity, or end user) is responsible for conducting market research (AFARS 5110.002(b)) 3. Market research is necessary for defining the requirement, developing the independent government estimate and for identifying commercial practices (FAR 7.102, FAR Part 10, and FAR Part 12) 4. DoD requires market research to support a commercial item determination on acquisitions above $1M (Director of Defense Procurement and Acquisition Policy, Memo dated 2 Mar 07)

  3. Contract Law Issues • “Approvals” for Personal Services Contracts 1. TSG is the approval official for all contract services in OTSG/MEDCOM. Authority delegated to MEDCOM general officer commanders and SES directors of major subordinate commands (MEDCOM Commander memos, dated 24 Mar 06 and 3 Dec 07) 2. The commander (or a designee) of the medical or dental facility is the approval official for using personal services contracts to provide health care services at that facility (DFARS 237.104(b)(ii)(C)(1)(i)) 3. DoD requires the commander (or a designee) of the medical or dental facility to perform a cost comparison to select the most cost effective method (contractor, military, civil service, or another) to provide the required services and to not pay a contractor more for these services than the projected cost under TRICARE (DoDI 6025.5, para 4.4)

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