7.502
Applicability
FAR 7.502 clarifies that Subpart 7.5 applies to all service contracts except those involving personnel appointments, advisory committees, or personal services contracts authorized by statute.
Overview
FAR 7.502 outlines the applicability of Subpart 7.5, clarifying which types of service contracts are subject to its requirements. Specifically, it states that the rules in this subpart apply to all contracts for services, except for those services acquired through personnel appointments, advisory committees, or personal services contracts authorized by statute. This distinction is crucial for contracting professionals to determine when the inherently governmental functions rules must be followed and when exceptions apply.
Key Rules
- General Applicability
- All contracts for services are covered by this subpart unless specifically exempted.
- Exemptions
- Services obtained via personnel appointments, advisory committees, or personal services contracts under statutory authority are not subject to this subpart.
Responsibilities
- Contracting Officers: Must determine whether a service contract falls under the scope of this subpart or is exempt, and apply the requirements accordingly.
- Contractors: Should be aware of whether their contract is subject to these rules and comply with any relevant requirements.
- Agencies: Ensure proper classification and documentation of service contracts to avoid misapplication of the subpart.
Practical Implications
- This section exists to clarify the boundaries of Subpart 7.5, helping agencies and contractors avoid misapplication of inherently governmental function rules.
- It impacts daily contracting by requiring careful review of the nature of the service being acquired.
- Common pitfalls include misclassifying contracts or overlooking statutory exemptions, which can lead to compliance issues.