Subpart 37.2
Advisory and Assistance Services
FAR Subpart 37.2 ensures advisory and assistance services are used only when necessary, with proper justification and oversight to prevent misuse and conflicts of interest.
Overview
FAR Subpart 37.2 establishes the regulatory framework for acquiring advisory and assistance services (A&AS) by federal agencies. It defines what constitutes A&AS, outlines exclusions, sets forth policy requirements, and provides guidelines for determining when such services are appropriate. The subpart also details the responsibilities of contracting officers in ensuring compliance with these requirements. The intent is to ensure that agencies use A&AS contracts only when necessary, avoid conflicts of interest, and do not circumvent personnel ceilings or in-house capabilities.
Key Rules
- Definition of Advisory and Assistance Services
- Clearly defines A&AS, including management, consulting, studies, analyses, and professional or technical support.
- Exclusions
- Specifies services not covered under A&AS, such as routine support services or those covered by other FAR parts.
- Policy Requirements
- Mandates that A&AS contracts are used only when essential and not as a substitute for in-house capabilities or to bypass personnel limits.
- Guidelines for Personnel Availability
- Provides criteria for determining if agency personnel are available before contracting for A&AS.
- Contracting Officer Responsibilities
- Outlines the due diligence, documentation, and approval steps contracting officers must follow when procuring A&AS.
Responsibilities
- Contracting Officers: Must justify the need for A&AS, ensure compliance with policy, document decisions, and avoid conflicts of interest.
- Contractors: Must provide services as defined and avoid engaging in inherently governmental functions.
- Agencies: Must oversee use of A&AS, ensure proper justification, and monitor compliance with FAR policies.
Practical Implications
- This subpart exists to prevent misuse of advisory and assistance contracts, ensuring they supplement rather than replace government personnel.
- It impacts daily contracting by requiring thorough justification and documentation for A&AS procurements.
- Common pitfalls include inadequate justification, improper use of A&AS to circumvent personnel ceilings, and failure to distinguish between A&AS and other service contracts.