FAR 37.205—Contracting officer responsibilities.
Plain-English Summary
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.
Key Rules
Pre-solicitation determination required
Before issuing a solicitation, the contracting officer must ensure the determination required by FAR 37.204 has been made. This means the required analysis cannot be deferred until after the solicitation is out or after proposals are received.
Follow 37.204 guidelines
The determination must be made in accordance with the guidelines in FAR 37.204. The contracting officer’s responsibility under 37.205 is not to create a separate test, but to verify that the required decision has been completed using the proper standards.
Condition precedent to solicitation
Issuing the solicitation is not permitted until the determination exists. This makes the determination a mandatory prerequisite, not a best practice or optional planning step.
Responsibilities
Contracting Officer
Ensure the FAR 37.204 determination has been completed and is in place before releasing the solicitation. The contracting officer must verify compliance as part of acquisition planning and cannot proceed without the required decision.
Agency/Requirement Owner
Provide the information, analysis, and documentation needed to support the FAR 37.204 determination so the contracting officer can confirm it is complete before solicitation.
Acquisition/Technical Staff
Assist in developing the underlying analysis and facts used for the determination, including the service need, performance considerations, and any required documentation.
Practical Implications
This section functions as a gatekeeper: if the determination under FAR 37.204 is missing or incomplete, the solicitation should not be issued.
A common pitfall is treating the determination as a formality and rushing to market before the required analysis is documented.
Contracting officers should confirm the determination early in acquisition planning, not at the last minute before posting the solicitation.
If the determination is challenged later, the record should show that the contracting officer verified compliance before solicitation release.
For contractors, this rule is mostly invisible, but it can affect timing because the government may delay the solicitation until the required pre-solicitation decision is complete.
Official Regulatory Text
The contracting officer shall ensure that the determination required in accordance with the guidelines at 37.204 has been made prior to issuing a solicitation.