Overview
FAR 37.110 prescribes specific provisions and clauses for service contracts to manage site inspections, protect government property, and ensure the uninterrupted delivery of vital services during contractor transitions.
Key Rules
- Site Visit (52.237-1): The Contracting Officer (CO) must include this provision in solicitations for non-construction services performed on Government installations to allow offerors to inspect the work site.
- Protection of Government Assets (52.237-2): This clause is mandatory for non-construction service contracts performed on Government installations to hold contractors accountable for protecting buildings, equipment, and vegetation.
- Continuity of Services (52.237-3): This discretionary clause is used for "vital" services where a lapse in performance is unacceptable. It is specifically intended for complex transitions, such as those involving remote locations or specialized security clearances.
- Conflict of Interest: COs are directed to FAR 9.508 to address potential organizational conflicts of interest, which are frequent in service-based acquisitions.
- Supplementary Clauses: This section acts as a "catch-all" reminder that COs must include all other FAR-prescribed clauses relevant to the specific conditions of the service acquisition.
Practical Implications
- Transition Risk Management: The "Continuity of Services" clause provides the Government with a legal mechanism to compel an outgoing incumbent to cooperate with a successor, preventing operational gaps in critical mission areas.
- Liability and Due Diligence: By mandating site visit provisions and asset protection clauses, the FAR ensures offerors have the opportunity to perform due diligence while clearly defining their liability for damages to Government property during contract performance.