FAR 37.400—Scope of subpart.
Plain-English Summary
FAR 37.400 is a scope provision that tells readers what this subpart is about and, just as importantly, what it is not about. It states that the subpart prescribes policies and procedures for obtaining health care services from physicians, dentists, and other health care providers when those services are acquired through nonpersonal services contracts, as that term is defined in FAR 37.101. In practice, this means the subpart is aimed at the acquisition of medical and related professional services by contract, rather than by personal services arrangements that could create an employer-employee relationship. The section serves as the gateway to the rules that follow, signaling to contracting officers and program officials that special acquisition policies apply when the government needs outside clinical or health care support. It matters because health care procurements often involve sensitive professional judgment, credentialing, scope-of-practice issues, and careful contract structuring to avoid unauthorized personal services relationships. The section does not itself set detailed procedures; instead, it identifies the subject matter and directs users to the subpart’s policies and procedures for these types of services.
Key Rules
Health care services covered
The subpart applies to obtaining health care services from physicians, dentists, and other health care providers. It is focused on professional medical and dental support, along with similar provider services.
Nonpersonal services only
The policies and procedures apply when the services are acquired under a nonpersonal services contract. The contract structure must therefore avoid creating a personal services relationship as defined in FAR 37.101.
Subpart establishes procedures
This section makes clear that the subpart contains the governing policies and procedures for these acquisitions. Users should look to the rest of the subpart for the specific acquisition requirements.
Scope is limited to this acquisition method
The section is a scope statement, so it does not authorize all health care acquisitions in every form. It only addresses health care services obtained through the specified contracting approach.
Responsibilities
Contracting Officer
Determine whether the requirement is for physician, dentist, or other health care provider services and ensure the acquisition is structured as a nonpersonal services contract. Apply the policies and procedures in the subpart when planning and awarding the contract.
Program/Medical Officials
Define the health care need clearly and work with contracting personnel to ensure the requirement is suitable for acquisition under a nonpersonal services contract. Provide technical input on the type of provider services needed.
Agency
Use the subpart’s policies and procedures when acquiring covered health care services and ensure internal acquisition practices align with the nonpersonal services framework.
Contractor/Health Care Provider
Perform the contracted health care services within the scope of the nonpersonal services contract and avoid conduct that would suggest an employment-type relationship with the government.
Practical Implications
This section is a trigger for special acquisition handling: if the requirement is for medical or dental provider services, the contracting officer should immediately check whether the arrangement is truly nonpersonal.
A common pitfall is misclassifying a personal services arrangement as nonpersonal services; that can create legal and administrative problems because the government may appear to be directing the individual like an employee.
Because the section is only a scope statement, it does not provide the full rule set. Users must read the rest of the subpart and the definition in FAR 37.101 to apply it correctly.
Health care procurements often require close coordination between contracting and clinical staff to define duties, supervision, and performance expectations without crossing into personal services territory.
The practical effect is to ensure the government can obtain needed provider services while maintaining proper contracting boundaries and compliance with federal acquisition policy.
Official Regulatory Text
This subpart prescribes policies and procedures for obtaining health care services of physicians, dentists and other health care providers by nonpersonal services contracts, as defined in 37.101 .