Overview
This section establishes the mandatory duty of the contracting officer to verify that a formal determination of need has been completed before seeking advisory and assistance services from the private sector.
Key Rules
- Verification Requirement: The contracting officer (CO) is legally responsible for ensuring that the determination required by FAR 37.204 (regarding the availability of internal agency personnel) is documented.
- Strict Timing: This verification must occur prior to the issuance of any solicitation for the services.
- Regulatory Alignment: The CO must confirm that the guidelines for determining whether to use external contractors versus internal resources have been followed and signed off by the appropriate official.
Practical Implications
- The CO acts as a procedural gatekeeper, preventing the release of a Request for Proposal (RFP) if the agency has not first justified the use of outside consultants.
- Failure to secure this determination before solicitation can lead to procurement delays, internal audits, or potential protests regarding the agency's adherence to FAR Part 37.