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FAR and DFARS › FAR Part 37: Service Contracting › Subpart 37.1

FAR 37.103 Contracting officer responsibility.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section assigns the contracting officer responsibility for making sure a proposed services contract is proper. The officer must decide whether the work is a personal or nonpersonal services contract, document that determination in certain cases, and follow additional requirements for performance-based methods, child care background checks, and service contractor reporting.

Applies to: Contracting officers awarding contracts for services

What it requires

  • Determine whether the proposed service is a personal or nonpersonal services contract using the definitions at 2.101 and 37.101 and the guidelines in 37.104
  • In doubtful cases, obtain the review of legal counsel
  • Document the file with the legal counsel opinion (if any), a memorandum of facts and rationale supporting the conclusion that the contract does not violate 37.104(b), and any further documentation the agency requires
  • Ensure performance-based acquisition methods are used to the maximum extent practicable when acquiring services

Key terms: personal services contract · nonpersonal services contract · performance-based acquisition · child care services · Service Contracts Inventory

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) The contracting officer is responsible for ensuring that a proposed contract for services is proper. For this purpose the contracting officer shall—

(1) Determine whether the proposed service is for a personal or nonpersonal services contract using the definitions at 2.101 and 37.101 and the guidelines in 37.104;

(2) In doubtful cases, obtain the review of legal counsel; and

(3) Document the file (except as provided in paragraph (b) below) with

(i) the opinion of legal counsel, if any,

(ii) a memorandum of the facts and rationale supporting the conclusion that the contract does not violate the provisions in 37.104(b), and

(iii) any further documentation that the contracting agency may require.

(b) Nonpersonal services contracts are exempt from the requirements of subparagraph (a)(3) above.

(c) Ensure that performance-based acquisition methods are used to the maximum extent practicable when acquiring services.

(d) Ensure that contracts for child care services include requirements for criminal history background checks on employees who will perform child care services under the contract in accordance with 34 U.S.C. 20351 and agency procedures.

(e) Ensure that service contractor reporting requirements are met in accordance with subpart 4.17, Service Contracts Inventory.

Sections it refers to

← 37.102 Policy. · 37.104 Personal services contracts. →

Rule changes for FAR Part 37

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 37.103 Contracting officer responsibility · SpendQuery