FAR 37.200—Scope of subpart.
Plain-English Summary
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.
Key Rules
Applies to advisory services
The subpart covers contracts for advisory and assistance services, meaning services that support agency decision-making, analysis, evaluation, or similar functions. The key point is that the work falls within this service category, not the identity of the contractor or the contract form.
Covers assistance services
The scope includes assistance services as well as advisory services, so the subpart is not limited to pure consulting. Any contract for this type of support work must be reviewed under the policies and procedures in the subpart.
Applies to individuals and organizations
The rule applies whether the government contracts with a single individual or with an organization. Agencies cannot avoid the subpart’s requirements by structuring the acquisition around a person rather than a firm, or vice versa.
Includes personal services
The subpart applies to contracts involving personal services, even though personal services arrangements are often subject to special legal and policy concerns. If the acquisition is for advisory and assistance services, the subpart’s policies still apply regardless of that service relationship.
Includes nonpersonal services
The subpart also applies to nonpersonal services, which are the more common contractor support arrangements. The scope is intentionally broad so the same policy framework governs both personal and nonpersonal service acquisitions in this category.
Responsibilities
Contracting Officer
Determine whether the requirement is for advisory and assistance services and apply Subpart 37.2 policies and procedures accordingly. The contracting officer must look at the actual work being acquired and ensure the contract structure does not bypass the subpart’s coverage.
Agency/Acquiring Activity
Identify advisory and assistance needs correctly and route them through the proper acquisition process. The agency must ensure its requirements, planning, and contract administration reflect the special policy concerns associated with these services.
Contractor
Perform the contracted advisory or assistance work in accordance with the contract terms, whether the contractor is an individual or an organization. The contractor must understand that the government is buying a covered service under this subpart and comply with the resulting obligations.
Practical Implications
This section is a scope trigger: if the work is advisory and assistance services, the rest of Subpart 37.2 may apply, so classification of the requirement matters early.
A common pitfall is focusing on whether the vendor is an individual or a company instead of whether the service itself is advisory or assistance in nature.
Another risk is mislabeling a personal-services-like arrangement as nonpersonal services; the subpart still applies if the underlying work is covered.
Contracting officers should use this section as a screening step during acquisition planning to avoid using the wrong policy framework.
Contractors should recognize that these contracts may involve heightened scrutiny because the government is purchasing support that can influence decisions or operations, not just routine labor.
Official Regulatory Text
This subpart prescribes policies and procedures for acquiring advisory and assistance services by contract. The subpart applies to contracts, whether made with individuals or organizations, that involve either personal or nonpersonal services.