[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR37.114]



[Page 760]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 37_SERVICE CONTRACTING--Table of Contents

 

                 Subpart 37.1_Service Contracts_General

 

Sec. 37.114  Special acquisition requirements.



    Contracts for services which require the contractor to provide 

advice, opinions, recommendations, ideas, reports, analyses, or other 

work products have the potential for influencing the authority, 

accountability, and responsibilities of Government officials. These 

contracts require special management attention to ensure that they do 

not result in performance of inherently governmental functions by the 

contractor and that Government officials properly exercise their 

authority. Agencies must ensure that--

    (a) A sufficient number of qualified Government employees are 

assigned to oversee contractor activities, especially those that involve 

support of government policy or decision making. During performance of 

service contracts, the functions being performed shall not be changed or 

expanded to become inherently governmental.

    (b) A greater scrutiny and an appropriate enhanced degree of 

management oversight is exercised when contracting for functions that 

are not inherently governmental but closely support the performance of 

inherently governmental functions (see 7.503(c)).

    (c) All contractor personnel attending meetings, answering 

Government telephones, and working in other situations where their 

contractor status is not obvious to third parties are required to 

identify themselves as such to avoid creating an impression in the minds 

of members of the public or Congress that they are Government officials, 

unless, in the judgment of the agency, no harm can come from failing to 

identify themselves. They must also ensure that all documents or reports 

produced by contractors are suitably marked as contractor products or 

that contractor participation is appropriately disclosed.



[61 FR 2630, Jan. 26, 1996]