Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 48 - Federal Acquisition Regulations System |
Chapter 2 - Defense Acquisition Regulations System, Department of Defense |
SubChapter F - Special Categories of Contracting |
Part 237 - Service Contracting |
Subpart 237.1 - Service Contracts - General |
§ 237.102-72 - Contracts for management services.
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237.102-72 Contracts for management services.
In accordance with Section 802 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), DoD may award a contract for the acquisition of services the primary purpose of which is to perform acquisition support functions with respect to the development or production of a major system, only if -
(a) The contract prohibits the contractor from performing inherently governmental functions;
(b) The DoD organization responsible for the development or production of the major system ensures that Federal employees are responsible for determining -
(1) Courses of action to be taken in the best interest of the Government; and
(2) Best technical performance for the warfighter; and
(c) The contract requires that the prime contractor for the contract may not advise or recommend the award of a contract or subcontract for the development or production of the major system to an entity owned in whole or in part by the prime contractor.
[74 FR 34269, July 15, 2009]