Guidelines for determining availability of personnel
Agencies must exhaust internal and interagency options for qualified proposal evaluators before outsourcing, ensuring evaluations are conducted by personnel with the necessary expertise.
Overview
FAR 37.204 establishes the process agencies must follow to determine whether qualified personnel are available to evaluate or analyze proposals for acquisitions. The regulation requires the head of an agency to first assess internal resources for the necessary expertise. If such personnel are not available, the agency must consider sourcing qualified personnel from other Federal agencies, taking into account administrative costs, procurement value, and other relevant factors. If another agency can provide the needed personnel, a formal agreement must be executed. If, after reasonable efforts, no qualified personnel can be found, the agency head may proceed with a determination under FAR 37.203. The regulation also allows for class determinations when the required expertise is so specialized that it is unreasonable to expect such personnel to be available for multiple proposals.
Key Rules
- Internal Personnel Assessment
- Agencies must first determine if they have sufficient, qualified personnel to evaluate or analyze proposals.
- Interagency Sourcing
- If internal personnel are unavailable, agencies must seek qualified personnel from other Federal agencies, considering costs and operational needs.
- Formal Agreements
- If another agency provides personnel, a formal agreement for their detail must be executed.
- Reasonable Efforts and Determination
- If no qualified personnel can be found after reasonable attempts, the agency head may make a determination under FAR 37.203.
- Class Determinations
- Agencies may make class determinations for proposals requiring highly specialized expertise unlikely to be available.
Responsibilities
- Contracting Officers: Ensure the evaluation team has the required expertise and follow the outlined process if not.
- Contractors: No direct compliance, but should be aware of the process affecting proposal evaluation.
- Agencies: Must document efforts, consider interagency options, and execute agreements as needed.
Practical Implications
- Ensures proposal evaluations are conducted by qualified personnel, maintaining integrity and fairness.
- May impact procurement timelines if external personnel must be sourced.
- Agencies must balance administrative costs and mission needs when sourcing evaluators.