37.201
Definition
FAR 37.201 defines "covered personnel" to clarify who is subject to specific rules and restrictions in advisory and assistance service contracts, ensuring compliance and preventing conflicts of interest.
Overview
FAR 37.201 provides the definition of "covered personnel" as it applies to Subpart 37.2, which addresses advisory and assistance services. This definition is crucial for determining which individuals are subject to specific rules and restrictions regarding the provision and receipt of advisory and assistance services under government contracts. The section outlines several categories of individuals, including certain federal officers, members of the Armed Services, and individuals transferred between federal agencies, who are considered covered personnel for regulatory purposes.
Key Rules
- Definition of Covered Personnel
- Specifies who qualifies as covered personnel, including appointed civil service officers, members of Congress, uniformed services, government-controlled corporation heads, adjutant generals, Armed Services members, and certain transferred federal employees.
- Applicability to Advisory and Assistance Services
- The definition is used to determine who is affected by the rules and limitations in Subpart 37.2 regarding advisory and assistance services.
Responsibilities
- Contracting Officers: Must identify and ensure compliance with restrictions related to covered personnel when awarding or administering contracts for advisory and assistance services.
- Contractors: Should be aware of who qualifies as covered personnel to avoid conflicts of interest or improper employment practices.
- Agencies: Must oversee and enforce compliance with rules pertaining to covered personnel in the context of advisory and assistance services.
Practical Implications
- This section exists to clarify who is subject to special rules in advisory and assistance service contracts, helping prevent conflicts of interest and improper influence.
- It impacts daily contracting by requiring careful vetting of personnel involved in or affected by such contracts.
- Common pitfalls include misidentifying covered personnel, which can lead to compliance violations or contract disputes.