FAR 37.114 Special acquisition requirements.

In plain English

This section requires special management attention for service contracts that involve advice, opinions, recommendations, ideas, reports, analyses, or other work products that could influence Government officials' authority, accountability, and responsibilities. It aims to prevent contractors from performing inherently governmental functions and ensures Government officials properly exercise their authority. Agencies must ensure qualified Government employees oversee contractor activities, exercise enhanced management oversight for functions closely supporting inherently governmental functions, and require contractor personnel to identify themselves as contractors in certain situations.

Applies to: Agencies awarding service contracts that require contractor advice, opinions, recommendations, ideas, reports, analyses, or other work products

What it requires

• Assign a sufficient number of qualified Government employees to oversee contractor activities, especially those involving support of government policy or decision making.
• Ensure that during performance of service contracts, the functions being performed are not changed or expanded to become inherently governmental.
• Exercise greater scrutiny and an appropriate enhanced degree of management oversight when contracting for functions that are not inherently governmental but closely support the performance of inherently governmental functions.
• Require all contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties to identify themselves as contractors, unless the agency judges no harm can come from failing to identify themselves.

Key terms: inherently governmental functions · special management attention · qualified Government employees · enhanced degree of management oversight · contractor status

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