Overview
This section provides guidance on drafting purchase descriptions for service contracts to ensure a clear distinction between contractor activities and inherently governmental functions. It emphasizes the necessity of maintaining government control over decision-making and ensuring transparency regarding contractor identity.
Key Rules
- Inherently Governmental Functions: Agencies are strictly prohibited from assigning tasks that are inherently governmental (as defined in FAR Subpart 7.5) to contractors.
- Final Authority: Purchase descriptions must explicitly reserve the right of final determination and decision-making for government officials.
- Identification Requirements: Contractor personnel must identify themselves in settings where they could be mistaken for government officials, such as when attending meetings or answering government telephones (unless the agency determines no harm will result from a lack of identification).
- Document Marking: All reports and documents produced by contractors must include suitable markings indicating their contractor-produced status.
Practical Implications
- Transparency in Communication: Contractors must use specific identifiers in email signatures, phone greetings, and meeting introductions to prevent unauthorized commitments or public confusion.
- Accountability: By requiring government officials to retain final determination, the regulation ensures that the expenditure of public funds and the implementation of policy remain under the direct control of accountable civil servants.