FAR 37.202—Exclusions.
Plain-English Summary
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.
Key Rules
Routine IT services excluded
Routine information technology services are not advisory or assistance services. However, if those IT services are an integral part of a contract for advisory and assistance services, the exclusion does not apply to that combined effort.
A&E services are excluded
Architectural and engineering services, as defined in 40 U.S.C. 1102, are excluded from the advisory and assistance services definition. These services are governed by their own statutory and regulatory framework rather than being treated as advisory and assistance work.
Basic research is excluded
Research on theoretical mathematics and basic research in medical, biological, physical, social, psychological, or other phenomena is excluded. The exclusion applies to fundamental research activities, not to applied consulting or support work that may be packaged with research.
Classification depends on substance
The key question is what the work actually is, not how the requirement is titled. Agencies should classify the effort based on the real nature of the services and whether any excluded activity is standalone or merely part of a broader advisory and assistance contract.
Mixed contracts require careful review
When a contract includes both excluded activities and advisory and assistance services, the contracting officer must determine whether the excluded work is truly separate or integral to the advisory and assistance effort. That distinction affects whether the exclusion applies.
Responsibilities
Contracting Officer
Identify whether the requirement falls within one of the excluded categories before classifying it as advisory or assistance services. Review mixed or bundled requirements carefully to determine whether routine IT, A&E, or basic research work is standalone or integral to another advisory and assistance contract.
Agency
Structure requirements and acquisition planning so excluded activities are not improperly treated as advisory and assistance services. Ensure internal policy, funding, and oversight decisions reflect the correct service classification.
Contractor
Understand how the solicitation classifies the work and ensure proposals, staffing, and pricing align with the actual scope. Raise questions if the solicitation appears to misclassify excluded work as advisory and assistance services or combines categories in a way that affects performance expectations.
Practical Implications
This section is mainly a classification rule, but classification drives downstream acquisition decisions, so getting it wrong can affect the entire procurement.
A common pitfall is assuming any IT support is advisory and assistance work; routine IT services are excluded unless they are integral to an advisory and assistance contract.
Another frequent issue is mislabeling A&E or basic research as consulting or support services, which can lead to using the wrong acquisition approach or oversight model.
For mixed requirements, the contracting officer should document why the excluded activity is or is not integral to the overall contract to avoid later disputes.
Contractors should watch for solicitations that bundle excluded work with advisory and assistance services, because that can change the competition strategy, labor mix, and compliance obligations.
Official Regulatory Text
The following activities and programs are excluded or exempted from the definition of advisory or assistance services: (a) Routine information technology services unless they are an integral part of a contract for the acquisition of advisory and assistance services. (b) Architectural and engineering services as defined in 40 U.S.C. 1102 . (c) Research on theoretical mathematics and basic research involving medical, biological, physical, social, psychological, or other phenomena.