FAR 11.106—Purchase descriptions for service contracts.
Plain-English Summary
FAR 11.106 tells agencies how to write purchase descriptions for service contracts so they do not accidentally hand over inherently governmental functions to a contractor. It focuses on three specific drafting requirements: reserving final decision-making for Government officials, identifying contractor personnel in situations where they could be mistaken for Government employees or officials, and marking contractor-produced documents and reports appropriately. The section exists to protect the Government’s authority, avoid confusion about who is speaking or acting for the United States, and reduce the risk that contractor work will be treated as official Government action. In practice, this means the requiring activity must think carefully about the duties being described, the appearance of contractor personnel in meetings or on telephones, and how deliverables are labeled so there is no ambiguity about authorship or status. The rule is especially important in service acquisitions where contractors may work closely with Government staff and the line between support and official action can become blurred.
Key Rules
No contractor control of official functions
Purchase descriptions must ensure that inherently governmental functions are not assigned to a contractor. The agency must keep final authority and official judgment with Government personnel, consistent with FAR subpart 7.5.
Government keeps final decisions
The purchase description must reserve final determination for Government officials. Contractors may support analysis or recommendations, but they cannot be given the authority to make the Government’s final call.
Identify contractor personnel
When contractor employees attend meetings, answer Government telephones, or work in settings where their actions could be seen as those of Government officials, the description must require proper identification of those personnel. The agency may waive this only if it determines that no harm would result from not identifying them.
Mark contractor deliverables
All documents or reports produced by contractors must be suitably marked. This helps distinguish contractor-authored material from official Government documents and reduces the risk of confusion about endorsement or authorship.
Responsibilities
Agency requiring activity
Draft the purchase description so it does not assign inherently governmental functions to the contractor and includes the required safeguards for final decision-making, personnel identification, and document marking.
Contracting Officer
Ensure the solicitation and contract language reflect the FAR 11.106 requirements and that the acquisition does not improperly delegate Government authority to contractor personnel.
Government officials
Retain final determination and other inherently governmental decisions; review contractor support without surrendering official authority.
Contractor
Provide services only within the scope described, ensure its personnel identify themselves when required, and mark all contractor-produced documents and reports as directed.
Practical Implications
This section is mainly about avoiding role confusion in service contracts, especially where contractor staff work side by side with Government employees.
A common pitfall is writing a statement of work that sounds like the contractor is making policy, approving actions, or otherwise exercising Government discretion.
Another frequent issue is failing to identify contractor personnel in meetings or on phones, which can create the appearance that they speak for the Government.
Contractors should expect deliverables to be labeled as contractor work product, and agencies should make sure those markings are consistent and visible.
Contracting officers and requiring activities should review service descriptions early to spot any language that could be read as delegating official authority or blurring the contractor/Government distinction.
Official Regulatory Text
In drafting purchase descriptions for service contracts, agency requiring activities shall ensure that inherently governmental functions (see subpart 7.5 ) are not assigned to a contractor. These purchase descriptions shall- (a) Reserve final determination for Government officials; (b) Require proper identification of contractor personnel who attend meetings, answer Government telephones, or work in situations where their actions could be construed as acts of Government officials unless, in the judgment of the agency, no harm can come from failing to identify themselves; and (c) Require suitable marking of all documents or reports produced by contractors.