FAR 9.501—Definition.
Plain-English Summary
FAR 9.501 defines the term "marketing consultant" for purposes of this subpart and explains when an independent contractor is, and is not, treated as a marketing consultant. The definition covers contractors who furnish advice, information, direction, or assistance to an offeror or another contractor in support of preparing or submitting an offer for a Government contract. It also carves out specific categories of work that do not make a person a marketing consultant: services excluded under FAR subpart 37.2, routine engineering and technical services, routine legal/actuarial/auditing/accounting services, and training services. In practice, this definition matters because it determines whether a person or firm falls within the rules of this subpart, which can affect how contractors structure proposal support, how contracting officers evaluate relationships and disclosures, and whether certain support services are treated as ordinary professional services rather than marketing support. The section is important for avoiding misclassification of consultants and for ensuring that proposal-preparation support is identified correctly under the FAR.
Key Rules
Broad marketing support definition
An independent contractor is a marketing consultant if it provides advice, information, direction, or assistance to an offeror or another contractor to help prepare or submit an offer for a Government contract. The focus is on support tied to proposal development or submission, not on the consultant’s title or business label.
Independent contractor status required
The definition applies only to an independent contractor. Employees of the offeror or contractor are not covered by this term under this section, even if they help prepare the offer.
Excluded subpart 37.2 services
A contractor is not a marketing consultant when performing services excluded in FAR subpart 37.2. Those services are treated separately and do not become marketing consulting merely because they are provided in a procurement context.
Routine engineering and technical work excluded
Routine engineering and technical services, such as installation, operation, or maintenance of systems, equipment, software, components, or facilities, are not marketing consulting. The exclusion applies to ordinary technical support, not to proposal-shaping advice aimed at winning a contract.
Routine professional services excluded
Routine legal, actuarial, auditing, and accounting services are outside the definition when they are ordinary professional services. These services do not become marketing consulting simply because they are used in connection with an offer.
Training services excluded
Training services are expressly excluded from the definition. Providing training to an offeror or contractor does not make the provider a marketing consultant under this section.
Responsibilities
Contractor / Offeror
Determine whether outside support used in preparing or submitting an offer falls within the marketing consultant definition. The contractor should distinguish proposal-support consulting from excluded routine professional, technical, or training services and ensure its records and disclosures accurately reflect the relationship.
Independent Contractor
Understand whether the services being provided are advice, information, direction, or assistance for proposal preparation or submission, or whether they fall within an exclusion. The contractor should avoid mischaracterizing services and should clearly identify the nature of the work being performed.
Contracting Officer
Apply the definition consistently when reviewing offeror relationships, proposal support arrangements, and any required disclosures or compliance issues under the broader subpart. The contracting officer should distinguish true marketing consulting from excluded services.
Agency
Use the definition to support consistent administration of the related FAR subpart and to help ensure offeror representations and disclosures are evaluated against the correct category of services.
Practical Implications
This definition helps separate proposal-writing or bid-support consultants from ordinary professional service providers, which matters when assessing compliance under the broader subpart.
A common pitfall is assuming that any outside advisor is a marketing consultant; routine technical, legal, accounting, auditing, actuarial, and training work is expressly excluded.
Another frequent mistake is focusing on the consultant’s title instead of the actual services performed. The substance of the work controls.
Contractors should document what the consultant actually did, especially when the same firm provides both proposal support and excluded services, because mixed services can create classification problems.
Contracting officers should look closely at whether the support was aimed at preparing or submitting an offer, since that is the key trigger for the definition.
Official Regulatory Text
Marketing consultant , as used in this subpart, means any independent contractor who furnishes advice, information, direction, or assistance to an offeror or any other contractor in support of the preparation or submission of an offer for a Government contract by that offeror. An independent contractor is not a marketing consultant when rendering- (1) Services excluded in subpart 37.2 ; (2) Routine engineering and technical services (such as installation, operation, or maintenance of systems, equipment, software, components, or facilities); (3) Routine legal, actuarial, auditing, and accounting services; and (4) Training services.