---
kind: "section"
citation: "48 C.F.R. § 37.103"
title: "48"
number: "37.103"
heading: "Contracting officer responsibility."
url: "https://uscodex.org/cfr/48/37.103"
---

# §37.103. Contracting officer responsibility.

- (a) **The contracting officer is responsible for ensuring that a proposed contract for services is proper.** For this purpose the contracting officer shall—
  - (1) Determine whether the proposed service is for a personal or nonpersonal services contract using the definitions at 2.101 and 37.101 and the guidelines in 37.104;
  - (2) In doubtful cases, obtain the review of legal counsel; and
  - (3) Document the file (except as provided in [paragraph (b)](#b) below) with
    - (i) the opinion of legal counsel, if any,
    - (ii) a memorandum of the facts and rationale supporting the conclusion that the contract does not violate the provisions in 37.104(b), and
    - (iii) any further documentation that the contracting agency may require.
- (b) **Nonpersonal services contracts are exempt from the requirements of subparagraph (a)(3) above.**
- (c) Ensure that performance-based acquisition methods are used to the maximum extent practicable when acquiring services.
- (d) Ensure that contracts for child care services include requirements for criminal history background checks on employees who will perform child care services under the contract in accordance with [34 U.S.C. 20351](/usc/34/20351.md) and agency procedures.
- (e) Ensure that service contractor reporting requirements are met in accordance with [subpart 4.17](/cfr/48/subpart4.17.md), Service Contracts Inventory.

## Notes

### Amendments

[48 FR 42365, Sept. 19, 1983, as amended at 55 FR 36796, Sept. 6, 1990; 59 FR 67051, Dec. 28, 1994; 62 FR 233, Jan. 2, 1997; 62 FR 44815, Aug. 22, 1997; 62 FR 51379, Oct. 1, 1997; 66 FR 2133, Jan. 10, 2001; 71 FR 218, Jan. 3, 2006; 78 FR 80375, Dec. 31, 2013; 86 FR 3687, Jan. 14, 2021]

### Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42365, Sept. 19, 1983, unless otherwise noted.

### Amendments

[48 FR 42365, Sept. 19, 1983, as amended at 55 FR 36796, Sept. 6, 1990; 59 FR 67051, Dec. 28, 1994; 62 FR 233, Jan. 2, 1997; 62 FR 44815, Aug. 22, 1997; 62 FR 51379, Oct. 1, 1997; 66 FR 2133, Jan. 10, 2001; 71 FR 218, Jan. 3, 2006; 78 FR 80375, Dec. 31, 2013; 86 FR 3687, Jan. 14, 2021]