Overview
FAR 37.201 defines "covered personnel" to identify the specific categories of federal employees, military members, and appointees who are subject to the regulations governing the use of advisory and assistance services.
Key Rules
- Civil Service Appointees: Includes individuals appointed by the President, Members of Congress, uniformed services members, or heads of Government-controlled corporations.
- Statutory Employees: Covers individuals defined as employees under 5 U.S.C. 2105 and specific Adjutant Generals appointed under 32 U.S.C. 709(c).
- Military Personnel: Explicitly includes all members of the Armed Services of the United States.
- Inter-agency Transfers: Includes persons assigned to a Federal agency who have been transferred to competitive service positions in another agency.
Practical Implications
- Conflict of Interest/Inherently Governmental Functions: This definition helps Contracting Officers determine which individuals are considered "government side" when evaluating whether contractor-provided advisory services might improperly overlap with or influence official government duties.
- Scope of Applicability: When applying FAR Subpart 37.2 (Advisory and Assistance Services), this definition ensures that protections against the improper use of contractors apply across all branches of the military and various levels of civil service appointments.