37.203 Policy
Source: FAR 37.203 on acquisition.gov
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.
(a) The acquisition of advisory and assistance services is a legitimate way to improve Government services and operations. Accordingly, advisory and assistance services may be used at all organizational levels to help managers achieve maximum effectiveness or economy in their operations.
(b) Subject to 37.205, agencies may contract for advisory and assistance services, when essential to the agency’s mission, to-
(1) Obtain outside points of view to avoid too limited judgment on critical issues;
(2) Obtain advice regarding developments in industry, university, or foundation research;
(3) Obtain the opinions, special knowledge, or skills of noted experts;
(4) Enhance the understanding of, and develop alternative solutions to, complex issues;
(5) Support and improve the operation of organizations; or
(6) Ensure the more efficient or effective operation of managerial or hardware systems.
(c) Advisory and assistance services shall not be-
(1) Used in performing work of a policy, decision-making, or managerial nature which is the direct responsibility of agency officials;
(2) Used to bypass or undermine personnel ceilings, pay limitations, or competitive employment procedures;
(3) Contracted for on a preferential basis to former Government employees;
(4) Used under any circumstances specifically to aid in influencing or enacting legislation; or
(5) Used to obtain professional or technical advice which is readily available within the agency or another Federal agency.
(d) Limitation on payment for advisory and assistance services. Contractors may not be paid for services to conduct evaluations or analyses of any aspect of a proposal submitted for an initial contract award unless-
(1) Neither covered personnel from the requesting agency, nor from another agency, with adequate training and capabilities to perform the required proposal evaluation, are readily available and a written determination is made in accordance with 37.204;
(2) The contractor is a Federally-Funded Research and Development Center (FFRDC) as authorized in http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1709(c)&num=0&edition=prelim" target="_blank">41 U.S.C. 1709(c) and the work placed under the FFRDC's contract meets the criteria of 35.017-3; or
(3) Such functions are otherwise authorized by law.