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SUBPART 237.76—CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES

(Revised November 24, 2010)

 

 



 237.7600 Scope.
 237.7601 Definitions.
 237.7602 Policy.
 237.7603 Solicitation provision and Contract clause.


237.7600  Scope.

This subpart prescribes procedures for the acquisition of essential contractor services which support mission-essential functions.

 

237.7601  Definitions.

 As used in this subpart, “essential contractor service” and “mission-essential functions” are defined in the clause at 252.237-7023, Continuation of Essential Contractor Services. 

 

237.7602  Policy.

 

      (a)  Contractors providing services designated as essential contractor services by a requiring activity shall be prepared to continue providing such services, in accordance with the terms and conditions of their contracts, during periods of crisis. As a general rule, the designation of services as essential contractor services will not apply to an entire contract but will apply only to those service functions that have been specifically identified as essential contractor services by the functional commander or civilian equivalent. 

 

      (b)  Contractors who provide Government-determined essential contractor services shall provide a written plan to be incorporated in the contract to ensure the continuation of these services in crisis situations. Contracting officers shall consult with a functional manager to assess the sufficiency of the contractor-provided written plan. Contractors will activate such plans only during periods of crisis, as authorized by the contracting officer, who does so at the direction of the appropriate functional commander or civilian equivalent.

 

      (c)  The contracting officer shall follow the procedures at PGI 207.105(b)(20)(C) (DFARS/PGI view) in preparing an acquisition plan.

 

237.7603  Solicitation provision and contract clause.

 

      (a)  Use the clause at 252.237-7023, Continuation of Essential Contractor Services in all solicitations and contracts for services that are in support of mission-essential functions. 

 

      (b)  Use the provision at 252.237-7024, Notice of Continuation of Essential Contractor Services in all solicitations for services that include the clause 252.237-7023. 


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