37.400
Scope of subpart
FAR 37.400 sets the framework for acquiring health care services through nonpersonal services contracts, ensuring agencies avoid unauthorized personal service arrangements.
Overview
- FAR 37.400 establishes the scope for Subpart 37.4, which covers the acquisition of health care services—including those provided by physicians, dentists, and other health care professionals—through nonpersonal services contracts. The section clarifies that these contracts are governed by specific policies and procedures distinct from personal services contracts, as defined in FAR 37.101. Its purpose is to ensure agencies acquire necessary health care services while maintaining the legal and operational boundaries of nonpersonal service arrangements.
Key Rules
- Applicability to Health Care Services
- This subpart applies to contracts for health care services provided by physicians, dentists, and other health care providers.
- Nonpersonal Services Contracts
- The policies and procedures outlined are specific to nonpersonal services contracts, which differ from personal services contracts in terms of employer-employee relationships and oversight.
Responsibilities
- Contracting Officers: Must ensure that contracts for health care services are structured as nonpersonal services contracts and comply with the policies and procedures of this subpart.
- Contractors: Must understand the distinction between personal and nonpersonal services and deliver services accordingly.
- Agencies: Must oversee contract formation and performance to ensure compliance with nonpersonal service requirements.
Practical Implications
- This section exists to prevent the improper use of personal services contracts for health care providers, which could create employer-employee relationships not authorized by law.
- It impacts daily contracting by requiring careful structuring and oversight of health care service contracts.
- Common pitfalls include inadvertently creating personal services relationships or failing to apply the correct procedures for nonpersonal health care service contracts.