FAR 37.201—Definition.
Plain-English Summary
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.
Key Rules
Specific statutory definition
"Covered personnel" is a defined term, not a general label. Only the individuals listed in the definition count, and the term should be applied exactly as written when reading related FAR part 37 requirements.
Civil service appointments by named officials
The first category includes an officer or individual appointed in the civil service by one of the listed officials acting in an official capacity: the President, a Member of Congress, a member of the uniformed services, an employee under 5 U.S.C. 2105, the head of a Government-controlled corporation, or an adjutant general appointed under 32 U.S.C. 709(c).
Members of the Armed Services
All members of the Armed Services of the United States are included as covered personnel. This category is separate from civil service appointments and does not depend on appointment authority.
Transferred competitive-service personnel
A person assigned to a Federal agency who has been transferred to another position in the competitive service in another agency is also covered. The focus is on the transfer status and competitive-service position, not merely on being a federal employee.
Use only for related FAR provisions
This definition is intended to support other service-contracting rules that refer to "covered personnel." It does not by itself impose duties; instead, it determines when other requirements in the FAR apply.
Responsibilities
Contracting Officer
Identify whether individuals involved in the acquisition fit the definition of covered personnel before applying any related FAR part 37 restrictions, protections, or procedures. Ensure solicitations, contracts, and oversight actions use the term consistently with this definition.
Contractor
Understand that certain government personnel involved in service contracting may be covered personnel and adjust performance, communications, and compliance practices accordingly. Do not assume that all government contacts are outside the definition or that the definition is limited to one type of employee.
Agency
Train acquisition and program staff on the meaning of covered personnel and ensure internal procedures align with the FAR definition. Use the definition consistently when implementing service-contracting policies that depend on personnel status.
Government personnel
Recognize when your status may place you within the covered-personnel category for purposes of service-contracting rules. Follow agency ethics, procurement integrity, and acquisition-related procedures that apply when you are acting in a covered role.
Practical Implications
This definition is a threshold question: before applying any related service-contracting rule, you must first determine whether the person is covered personnel.
A common pitfall is assuming the term means all federal employees; it does not. The definition is limited to the listed categories and should be read narrowly.
Contracting officers should verify the person’s status and appointment/assignment basis when the distinction affects contract administration, oversight, or restrictions.
Contractors should be careful when interacting with government representatives whose status may trigger special rules, especially in service acquisitions.
Because the definition is technical and cross-references other statutes, users should check the related FAR provision that uses the term to understand the actual consequence of coverage.
Official Regulatory Text
Covered personnel means- (1) An officer or an individual who is appointed in the civil service by one of the following acting in an official capacity- (i) The President; (ii) A Member of Congress; (iii) A member of the uniformed services; (iv) An individual who is an employee under 5 U.S.C. 2105 ; (v) The head of a Government-controlled corporation; or (vi) An adjutant general appointed by the Secretary concerned under 32 U.S.C. 709(c) . (2) A member of the Armed Services of the United States. (3) A person assigned to a Federal agency who has been transferred to another position in the competitive service in another agency.