---
kind: "section"
citation: "48 C.F.R. § 237.102-72"
title: "48"
number: "237.102-72"
heading: "Contracts for management services."
url: "https://uscodex.org/cfr/48/237.102-72"
---

# §237.102-72. Contracts for management services.


In accordance with Section 802 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), DoD may award a contract for the acquisition of services the primary purpose of which is to perform acquisition support functions with respect to the development or production of a major system, only if—

- (a) The contract prohibits the contractor from performing inherently governmental functions;
- (b) The DoD organization responsible for the development or production of the major system ensures that Federal employees are responsible for determining—
  - (1) Courses of action to be taken in the best interest of the Government; and
  - (2) Best technical performance for the warfighter; and
- (c) The contract requires that the prime contractor for the contract may not advise or recommend the award of a contract or subcontract for the development or production of the major system to an entity owned in whole or in part by the prime contractor.

## Notes

### Amendments

[74 FR 34269, July 15, 2009]

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36424, July 31, 1991, unless otherwise noted.

### Amendments

[74 FR 34269, July 15, 2009]