[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR37.203]

[Page 738]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 37_SERVICE CONTRACTING--Table of Contents
 
              Subpart 37.2_Advisory and Assistance Services
 
Sec.  37.203  Policy.

    (a) The acquisition of advisory and assistance services is a 
legitimate way to improve Government services and operations. 
Accordingly, advisory and assistance services may be used at all 
organizational levels to help managers achieve maximum effectiveness or 
economy in their operations.
    (b) Subject to 37.205, agencies may contract for advisory and 
assistance services, when essential to the agency's mission, to--
    (1) Obtain outside points of view to avoid too limited judgment on 
critical issues;
    (2) Obtain advice regarding developments in industry, university, or 
foundation research;
    (3) Obtain the opinions, special knowledge, or skills of noted 
experts;
    (4) Enhance the understanding of, and develop alternative solutions 
to, complex issues;
    (5) Support and improve the operation of organizations; or
    (6) Ensure the more efficient or effective operation of managerial 
or hardware systems.
    (c) Advisory and assistance services shall not be--
    (1) Used in performing work of a policy, decision-making, or 
managerial nature which is the direct responsibility of agency 
officials;
    (2) Used to bypass or undermine personnel ceilings, pay limitations, 
or competitive employment procedures;
    (3) Contracted for on a preferential basis to former Government 
employees;
    (4) Used under any circumstances specifically to aid in influencing 
or enacting legislation; or
    (5) Used to obtain professional or technical advice which is readily 
available within the agency or another Federal agency.
    (d) Limitation on payment for advisory and assistance services. 
Contractors may not be paid for services to conduct evaluations or 
analyses of any aspect of a proposal submitted for an initial contract 
award unless--
    (1) Neither covered personnel from the requesting agency, nor from 
another agency, with adequate training and capabilities to perform the 
required proposal evaluation, are readily available and a written 
determination is made in accordance with 37.204;
    (2) The contractor is a Federally-Funded Research and Development 
Center (FFRDC) as authorized in Section 23 of the Office of Federal 
Procurement Policy (OFPP) Act as amended (41 U.S.C. 419) and the work 
placed under the FFRDCOs contract meets the criteria of 35.017-3; or
    (3) Such functions are otherwise authorized by law.