FAR 37.2—Subpart 37.2

Scope of subpart.

FAR 37.200 is the gateway provision for Subpart 37.2, which governs the acquisition of advisory and assistance services by contract. It tells contracting personnel and contractors that the subpart’s policies and procedures apply to these services whether they are obtained from individuals or organizations, and whether the resulting arrangement is for personal services or nonpersonal services. In practice, this means the government must look beyond the label of the contract and focus on the actual nature of the work being purchased. The section matters because advisory and assistance services can raise special concerns about independence, control, and the proper relationship between government personnel and contractor personnel. By defining the scope broadly, the FAR ensures agencies apply the subpart’s requirements whenever the government is buying advice, analysis, evaluation, or similar support services through a contract vehicle.

Definition.

FAR 37.201 provides a specific definition of the term "covered personnel" for use in the service contracting rules in FAR part 37. The section identifies exactly which individuals count as covered personnel by listing three categories: certain officers and civil servants appointed by specified officials acting in an official capacity, members of the Armed Services of the United States, and persons assigned to a Federal agency who have been transferred to another competitive-service position in another agency. Its purpose is to create a clear boundary for when service-contracting restrictions, protections, or requirements that depend on the status of government personnel apply. In practice, this definition matters because contractors and contracting officers must know whether a particular individual falls within the protected or regulated group before applying related FAR part 37 requirements. The section is narrow and technical, so the key practical issue is not general employment status, but whether the person fits one of the listed statutory categories. Misidentifying covered personnel can lead to applying the wrong contract clause, failing to protect government interests, or misunderstanding who may perform or oversee certain service-contracting functions.

Exclusions.

FAR 37.202 identifies specific activities and programs that are not treated as advisory or assistance services for purposes of the FAR’s service-contract framework. It covers three exclusions: routine information technology services, architectural and engineering services as defined in 40 U.S.C. 1102, and research on theoretical mathematics and basic research involving medical, biological, physical, social, psychological, or other phenomena. The purpose is to keep these categories from being misclassified as advisory and assistance work, which matters because that classification can affect acquisition planning, contract structuring, oversight, and the application of service-contract policies. In practice, contracting officers must look at the actual nature of the work, not just broad labels, to decide whether a requirement belongs inside or outside the advisory and assistance services category. The rule also recognizes that some work may be mixed: routine IT services remain excluded unless they are an integral part of a larger advisory and assistance services contract. For contractors, the section helps clarify when a solicitation or contract should not be treated as advisory and assistance services, which can affect proposal strategy, staffing, and compliance expectations.

Policy.

FAR 37.203 sets the basic policy for when agencies may use advisory and assistance services and when they may not. It explains that these services are a legitimate tool to improve Government operations, and it identifies the mission-related purposes for which agencies may contract for them, such as obtaining outside viewpoints, industry research insights, expert opinions, help with complex issues, support for organizational operations, and improved managerial or hardware systems. The section also draws important boundaries: these services cannot be used to perform inherently governmental or direct agency responsibilities, to evade personnel or hiring rules, to favor former Government employees, to influence legislation, or to duplicate advice already available inside the Government. Finally, it imposes a special payment limitation on contractor support for evaluating proposals for an initial contract award, allowing that work only when qualified Government personnel are unavailable and a written determination is made, when the contractor is an authorized FFRDC meeting the applicable criteria, or when another law specifically authorizes the function. In practice, this section is about ensuring agencies use outside expertise only when truly needed, while protecting Government decision-making, workforce rules, and procurement integrity.

Guidelines for determining availability of personnel.

FAR 37.204 tells agencies how to decide whether they have enough qualified people to evaluate or analyze proposals before they rely on outside support or make other staffing decisions for acquisition work. It covers the agency head’s duty to assess the availability of personnel with the right training and capabilities, the requirement to look to other Federal agencies when internal staff are not available, and the factors to weigh in deciding whether to search for borrowed personnel. It also addresses the process for detailing personnel from a supporting agency, what happens when reasonable efforts still do not produce qualified personnel, and the special case where an agency may make a class-wide determination for proposals requiring unusually unique or specialized expertise. In practice, this section is about making sure proposal evaluations are performed by competent people while balancing mission needs, cost, time, and interagency resource use. It helps agencies avoid delays, unnecessary expense, and poorly supported source selection or analysis decisions, and it gives contractors confidence that evaluations are being conducted by personnel with appropriate expertise.

Contracting officer responsibilities.

FAR 37.205 is a short but important contracting officer control point in the federal services acquisition process. It requires the contracting officer to make sure the determination called for under FAR 37.204 has been completed before a solicitation is issued. In practical terms, this means the contracting officer cannot move forward with a services procurement until the agency has already decided, using the 37.204 guidelines, whether the requirement should be performed by contractor personnel and under what conditions. The section is designed to prevent premature solicitation release, ensure the acquisition strategy is grounded in the required analysis, and support proper use of contracted services. Although the text is brief, it ties directly to the broader policy framework for services acquisitions, including planning, justification, and compliance with agency and FAR requirements. For contracting officers, this is a mandatory pre-solicitation checkpoint; for agencies, it reinforces the need for documented decision-making before competition begins.