37.205
Contracting officer responsibilities
Contracting officers must ensure the required determination under FAR 37.204 is completed before issuing any solicitation for advisory and assistance services.
Overview
FAR 37.205 outlines the specific responsibility of the contracting officer to ensure that a determination, as required by FAR 37.204, is completed before issuing a solicitation for advisory and assistance services. This determination is a prerequisite step and must follow the guidelines set forth in the preceding section. The regulation is designed to ensure that agencies only solicit for advisory and assistance services when it is appropriate and justified, promoting proper planning and compliance with federal acquisition policies.
Key Rules
- Pre-Solicitation Determination Requirement
- The contracting officer must confirm that the required determination under FAR 37.204 has been made before any solicitation is issued for advisory and assistance services.
- Adherence to Guidelines
- The determination must be made in accordance with the specific guidelines provided in FAR 37.204, ensuring consistency and compliance.
Responsibilities
- Contracting Officers: Must verify and document that the required determination is completed before issuing a solicitation.
- Contractors: No direct compliance obligations under this section, but should be aware that solicitations will only be issued after proper agency determinations.
- Agencies: Must ensure oversight and that contracting officers follow the required process.
Practical Implications
- This section exists to prevent unnecessary or unjustified solicitations for advisory and assistance services, ensuring that such services are only procured when truly needed.
- It impacts daily contracting by requiring an additional compliance check before solicitations can proceed, which can affect timelines.
- Common pitfalls include failing to document the determination or issuing solicitations prematurely, which can result in procurement delays or compliance issues.