[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: 48CFR37.203]



[Page 762]

 

            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.