37.203
Policy
Advisory and assistance services may be contracted to enhance government operations, but strict limitations prevent their use for inherently governmental functions or to circumvent personnel rules.
Overview
FAR 37.203 establishes the policy for acquiring advisory and assistance services, clarifying when and how agencies may contract for these services to improve government operations. It outlines legitimate uses, such as obtaining outside expertise, supporting organizational improvement, and enhancing decision-making. The section also sets clear prohibitions, including not using such contracts for inherently governmental functions, circumventing personnel rules, or obtaining advice readily available within the government. Additionally, it restricts payment for proposal evaluation services unless specific conditions are met, such as the unavailability of qualified government personnel or use of an authorized FFRDC.
Key Rules
- Legitimate Use of Advisory and Assistance Services
- Agencies may contract for these services to enhance effectiveness, gain outside perspectives, and access specialized expertise, provided the services are essential to the agency’s mission.
- Prohibited Uses
- Advisory and assistance services cannot be used for inherently governmental functions, to bypass employment rules, for preferential treatment of former employees, to influence legislation, or when advice is already available within the government.
- Restrictions on Proposal Evaluation Services
- Contractors may only be paid for proposal evaluation if no qualified government personnel are available, if the contractor is an authorized FFRDC, or if otherwise authorized by law.
Responsibilities
- Contracting Officers: Ensure contracts for advisory and assistance services comply with policy, prohibitions, and documentation requirements.
- Contractors: Provide services only within the permitted scope and avoid prohibited activities.
- Agencies: Oversee compliance, make required determinations, and document justification for contracting out proposal evaluations.
Practical Implications
- This section ensures advisory and assistance services are used to supplement, not replace, governmental decision-making and expertise.
- Contractors must be aware of the boundaries of their work to avoid conflicts of interest or improper influence.
- Agencies must document and justify the need for external proposal evaluation, preventing misuse of contractor support.