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Section 5137.104-90-1: Contracts requiring authorization at the Secretarial level.

(a) Personal services contracts pursuant to 10 U.S.C.129(b) and 5 U.S.C.3109 must be authorized by an individual determination and findings (D&F) submitted through contracting channels and the addressee in 5101.290(b)(3) to the Assistant Secretary of the Army (Acquisition, Logistics and Technology) (ASA(ALT)) unless services being acquired are covered by the delegation of authority in 5137.104-90-2.

(b) See 5101.707. Submit electronically each D&F with the following information:

    (1) An analysis of the proposed compensation in relation to the work to be performed and the classification act rate of pay for a regular employee performing similar or comparable services.

    (2) A statement signed by the Head of the Contracting Activity (HCA) that the employment of the individual(s) by the proposed contract will not cause the installation/activity in which the individual(s) is to work to exceed the civilian personnel authorization established by the Army for that installation/activity.

    (3) For stenographic reporting services, the request for D&F must be accompanied by an analysis which clearly establishes that it is either necessary or substantially more economical or feasible to obtain services by contract rather than by Office of Personnel Management (OPM) appointment.




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