11.106
Purchase descriptions for service contracts
Service contract purchase descriptions must prevent contractors from performing inherently governmental functions and require clear identification and marking to distinguish contractor roles and work.
Overview
FAR 11.106 outlines the requirements for drafting purchase descriptions in service contracts to ensure that contractors are not assigned inherently governmental functions. The regulation mandates that agency requiring activities must carefully structure service contract descriptions to preserve government authority and maintain clear distinctions between contractor and government roles. It also requires specific procedures for identifying contractor personnel and marking contractor-produced documents to avoid confusion or misrepresentation.
Key Rules
- No Assignment of Inherently Governmental Functions
- Purchase descriptions must not assign inherently governmental functions to contractors, reserving such decisions and actions for government officials.
- Identification of Contractor Personnel
- Contractors must ensure their personnel are properly identified when attending meetings, answering government phones, or working in situations where their actions could be mistaken for those of government officials, unless the agency determines otherwise.
- Marking of Contractor Documents
- All documents or reports produced by contractors must be suitably marked to indicate contractor authorship.
Responsibilities
- Contracting Officers: Ensure purchase descriptions comply with these requirements and do not delegate inherently governmental functions to contractors.
- Contractors: Properly identify their personnel and clearly mark all documents or reports they produce for the government.
- Agencies: Oversee compliance and make determinations regarding identification requirements when appropriate.
Practical Implications
- This section exists to protect the integrity of government operations and prevent contractors from performing roles reserved for government officials.
- It impacts daily contracting by requiring careful drafting of service contract requirements and vigilant oversight of contractor activities.
- Common pitfalls include failing to distinguish contractor personnel from government staff or not marking contractor-produced documents, which can lead to confusion or improper delegation of authority.