Overview
This section establishes that the acquisition of advisory and assistance services (AAS) is a legitimate means to improve government operations, provided these services are essential to an agency's mission and do not usurp inherently governmental functions. It defines the authorized purposes for these services while setting strict boundaries to prevent the erosion of federal accountability and personnel regulations.
Key Rules
- Authorized Uses: Agencies may use AAS to obtain expert opinions, outside points of view, and technical knowledge, or to improve the efficiency of managerial and hardware systems.
- Prohibitions on Authority: AAS cannot be used for work involving policy-making, decision-making, or managerial functions, which remain the direct responsibility of government officials.
- Personnel and Hiring Restrictions: AAS must not be used to bypass federal personnel ceilings, pay limitations, or competitive hiring procedures, nor can contracts be awarded on a preferential basis to former government employees.
- Internal Resource Priority: Agencies are prohibited from contracting for AAS if the required professional or technical advice is already "readily available" within the agency or from another federal agency.
- Proposal Evaluation Limitations: Contractors are prohibited from evaluating or analyzing proposals for initial contract awards unless the agency determines in writing that internal expertise is unavailable, the contractor is an authorized FFRDC, or the action is otherwise legally permitted.
Practical Implications
- Avoiding Inherently Governmental Functions: Contracting officers must ensure that AAS contractors only provide "advice" and "assistance" rather than making final decisions, to avoid violating the prohibition on contractors performing inherently governmental work.
- Justification Requirements: Before soliciting AAS, agencies must perform internal due diligence to confirm that the required skills do not exist within the federal workforce, particularly when seeking assistance with proposal evaluations which requires a formal written determination.