Overview
FAR subpart 37.4 establishes the regulatory framework for procuring professional health care services, such as those provided by physicians and dentists, specifically through the use of nonpersonal services contracts.
Key Rules
- Applicability: Covers the acquisition of services from physicians, dentists, and various other health care providers.
- Contract Type Requirement: Limits the scope of this subpart to "nonpersonal services contracts."
- Definitions: Relies on the definition of nonpersonal services found in FAR 37.101, where the personnel rendering the services are not subject to the supervision and control usually prevailing in relationships between the Government and its employees.
Practical Implications
- Contracting officers must ensure that medical service contracts are structured to avoid creating an employer-employee relationship between the government and the health care provider.
- This subpart provides the foundational authority for agencies to fill medical staffing needs through external contractors rather than direct government hires, provided the operational control remains with the contractor.