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  • Question

    Are contracts for memberships considered service contracts, and do we need to process a Service Contract Approval (SCA) when contracting for them?


    Answer

    No, they are not service contracts. The bigger question is why you are even writing any contracts at all, when these memberships can be obtained by using a Government Purchase Card.
     
    Here's the definition of "services contract" as set forth in FAR 37.1:
     
     
    “Service contract” means a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may be either a nonpersonal or personal contract. It can also cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis. Some of the areas in which service contracts are found include the following:
     
      (1) Maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment.
     
      (2) Routine recurring maintenance of real property.
     
      (3) Housekeeping and base services.
     
      (4) Advisory and assistance services.
     
      (5) Operation of Government-owned equipment, real property, and systems.
     
      (6) Communications services.
     
      (7) Architect-Engineering (see Subpart 36.6 <http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/36.htm#P242_38388> ).
     
      (8) Transportation and related services (see Part 47).
     
      (9) Research and development (see Part 35). 
     
    A membership may not be particularly tangible, but I would call it an item of supply.


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