[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Rules and Regulations]
[Pages 2888-2889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-763]
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DEPARTMENT OF DEFENSE
48 CFR Parts 206 and 237
Defense Federal Acquisition Regulation Supplement; Personal
Service Contracts
agency: Department of Defense (DoD).
action: Interim rule with request for public comments.
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summary: The Director of Defense Procurement is issuing an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to establish procedures for contracting for personal services with
individuals for health care services.
dates: Effective Date: January 5, 1995.
Comment Date: Comments on the interim rule should be submitted to
the address shown below on or before March 13, 1995 to be considered in
formulation of a final rule.
addresses: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, ATTN: Ms. Linda S. Holcombe,
PDUSD (A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 94-
D302 in all correspondence related to this issue.
for further information contact: Ms. Linda S. Holcombe, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
Section 712 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160) requires the Secretary of Defense to
establish procedures for entering into personal service contracts under
10 U.S.C. 1091 to carry out health care responsibilities in medical/
dental treatment facilities. Section 704 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337) provides
authority for the Secretary of Defense to enter into personal service
contracts under 10 U.S.C. 1091 to provide the services of clinical
counselors, family advocacy program staff, and victim's services
representatives.
B. Regulatory Flexibility Act
The interim rule may have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. because it may, to the
extent such authority is exercised by the Secretary of Defense, reduce
competitive participation by any entities, large or small, which
perform, or are interested in performing, personal service contracts
under 10 U.S.C. 1091 to carry out health care responsibilities. Using
these procedures for selecting sources for health care services,
business entities other than individuals are not solicited and cannot
receive contract awards. A copy of the Initial Regulatory Flexibility
Analysis has been submitted to the Chief Counsel for Advocacy of the
Small Business Administration. A copy of the Initial Regulatory
Flexibility Analysis may be obtained from Ms. Linda S. Holcombe,
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC
20301-3062. The interim rule applies to both large and small
businesses. Comments are invited from small businesses and other
interested parties. Comments from small entities will be considered in
accordance with 5 U.S.C. 610. Such comments must be submitted
separately and cite DFARS Case 94-D302 in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the interim rule
does not impose reporting or recordkeeping requirements which require
the approval of OMB under 44 U.S.C. 3501 et seq.
List of Subjects in 48 CFR Parts 206 and 237
Government procurement.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 206 and 237 are amended to read as follows:
1. The authority citation for 48 CFR Parts 206 and 237 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 206--COMPETITION REQUIREMENTS
2. A new subpart 206.1 is added to read as follows:
Subpart 206.1--Full and Open Competition
Sec.
206.102 Use of competitive procedures.
Subpart 206.1--Full and Open Competition
206.102 Use of competitive procedures.
(d) Other competitive procedures.
The procedures in 237.104(b)(ii) are competitive procedures.
PART 237--SERVICE CONTRACTING
3. Section 237.104 is amended by revising paragraph (b)(ii) to read
as follows:
237.104 Personal services contracts.
(b)(i) * * *
(ii) Personal service contracts for health care are authorized by
10 U.S.C. 1091.
(A) This authority may be used to acquire--
(1) Direct health care services provided in medical treatment
facilities; and
(2) Services of clinical counselors, family advocacy program staff,
and victim's services representatives to members of the Armed Forces
and covered beneficiaries who require such services, provided in
medical treatment facilities or elsewhere. Persons with whom a personal
services contract may be entered into under this authority include
clinical social workers, psychologists, psychiatrists, and other
comparable professionals who have advanced degrees in counseling or
related academic disciplines and who meet all requirements for State
licensure and board certification requirements, if any, within their
fields of specialization.
(B) Sources for personal service contracts with individuals under
the authority of 10 U.S.C. 1091 shall be [[Page 2889]] selected through
the procedures in this section. These procedures do not apply to
contracts awarded to business entities other than individuals.
Selections made using the procedures in this section are competitive
(see 206.102(d)).
(C) Approval requirements for--
(1) Direct health care personal service contracts (see
237.104(b)(ii)(A)(1)) and a pay cap are in DoDI 6025.5, Personal
Services Contracting Authority for Direct Health Care Providers.
Requests to enter into a personal service contract for direct health
care services must be approved by the commander of the medical/dental
treatment facility where the services will be performed.
(2) Services of clinical counselors, family advocacy program staff,
and victim's services representatives (see 237.104(b)(ii)(A)(2)), shall
be in accordance with agency procedures.
(D) The contracting officer must ensure that the requiring activity
provides a copy of the approval with the purchase request.
(E) The contracting officer must provide adequate advance notice of
contracting opportunities to individuals residing in the area of the
facility. The notice must include the qualification criteria against
which individuals responding will be evaluated. The contracting officer
shall solicit applicants through at least one local publication which
serves the area of the facility. Acquisitions under this section for
personal service contracts are exempt from the posting and synopsis
requirements of FAR Part 5.
(F) The contracting officer shall provide the qualifications of
individuals responding to the notice to the commander of the facility
for evaluation and ranking in accordance with agency procedures.
Individuals must be considered solely on the basis of the professional
qualifications established for the particular personal services being
acquired and the Government's estimate of reasonable rates, fees, or
other costs. The commander of the facility shall provide the
contracting officer with rationale for the ranking of individuals,
consistent with the required qualifications.
(G) Upon receipt from the facility of the ranked listing of
applicants, the contracting officer shall either--
(1) Enter into negotiations with the highest ranked applicant. If a
mutually satisfactory contract cannot be negotiated, the contracting
officer shall terminate negotiations with the highest ranked applicant
and enter into negotiations with the next highest.
(2) Enter into negotiations with all qualified applicants and
select on the basis of qualifications and rates, fees, or other costs.
(H) In the event only one individual responds to an advertised
requirement, the contracting officer is authorized to negotiate the
contract award. In this case, the individual must still meet the
minimum qualifications of the requirement and the contracting officer
must be able to make a determination that the price is fair and
reasonable.
(I) If a fair and reasonable price cannot be obtained from a
qualified individual, the requirement should be canceled and acquired
using procedures other than those set forth in this section.
* * * * *
[FR Doc. 95-763 Filed 1-11-95; 8:45 am]
BILLING CODE 5000-04-M
