9.501 Definition
Source: FAR 9.501 on acquisition.gov
FAR 9.501 clarifies who qualifies as a marketing consultant for conflict of interest purposes, helping contractors and agencies identify when special compliance rules apply.
Overview
FAR 9.501 provides the definition of "marketing consultant" as it applies to Subpart 9.5, which addresses organizational and consultant conflicts of interest. A marketing consultant is defined as any independent contractor who provides advice, information, direction, or assistance to an offeror or contractor in preparing or submitting an offer for a government contract. However, the regulation specifically excludes independent contractors performing certain services from being considered marketing consultants. These exclusions include services listed in subpart 37.2, routine engineering and technical services, routine legal, actuarial, auditing, and accounting services, and training services. Understanding this definition is crucial for identifying potential conflicts of interest and ensuring compliance with related FAR requirements.
Marketing consultant, as used in this subpart, means any independent contractor who furnishes advice, information, direction, or assistance to an offeror or any other contractor in support of the preparation or submission of an offer for a Government contract by that offeror. An independent contractor is not a marketing consultant when rendering-
(1) Services excluded in subpart 37.2;
(2) Routine engineering and technical services (such as installation, operation, or maintenance of systems, equipment, software, components, or facilities);
(3) Routine legal, actuarial, auditing, and accounting services; and
(4) Training services.