37.202
Exclusions
FAR 37.202 clarifies that certain IT services, architectural/engineering services, and specific research activities are not subject to advisory and assistance service regulations, ensuring proper contract classification.
Overview
FAR 37.202 specifies which activities and programs are excluded from the definition of "advisory or assistance services" for federal contracting purposes. This section clarifies that certain routine IT services, architectural and engineering services, and specific types of research are not subject to the rules and requirements that apply to advisory and assistance services. Understanding these exclusions helps contracting professionals correctly categorize services and apply the appropriate regulations, avoiding misclassification and ensuring compliance with FAR Subpart 37.2.
Key Rules
- Routine IT Services Exclusion
- Routine information technology services are excluded unless they are integral to a contract for advisory and assistance services.
- Architectural and Engineering Services Exclusion
- Architectural and engineering services, as defined by 40 U.S.C. 1102, are not considered advisory or assistance services.
- Certain Research Exclusion
- Research in theoretical mathematics and basic research in medical, biological, physical, social, psychological, or other phenomena are excluded from this definition.
Responsibilities
- Contracting Officers: Must ensure that excluded activities are not misclassified as advisory or assistance services and apply the correct FAR provisions.
- Contractors: Should confirm whether their services fall under these exclusions to avoid unnecessary compliance steps.
- Agencies: Should provide guidance and oversight to ensure proper classification of services.
Practical Implications
- This section exists to prevent misapplication of advisory and assistance service rules to unrelated activities.
- Accurate classification impacts solicitation, contract administration, and compliance obligations.
- Common pitfalls include misclassifying routine IT or research services, leading to improper contract requirements.