Overview
FAR 9.501 establishes the regulatory definition of a "marketing consultant" within the context of Organizational and Consultant Conflicts of Interest, specifically identifying which types of independent assistance constitute marketing support versus routine technical or professional services.
Key Rules
- Core Definition: A marketing consultant is an independent contractor who provides advice, information, direction, or assistance to a contractor specifically to support the preparation or submission of a government contract offer.
- Excluded Technical Services: Routine engineering and technical work—including the installation, operation, and maintenance of systems, software, or facilities—are not considered marketing consulting.
- Excluded Professional Services: Routine legal, actuarial, auditing, and accounting services are exempt from this definition.
- Regulatory & Educational Exclusions: Services excluded under FAR Subpart 37.2 (Advisory and Assistance Services) and general training services do not fall under the classification of a marketing consultant.
Practical Implications
- Contractors must carefully categorize third-party vendors to determine if their involvement in a bid triggers the specific disclosure and conflict-of-interest oversight rules associated with marketing consultants.
- This distinction ensures that routine operational support (like IT maintenance) or professional compliance (like legal review) is not unnecessarily restricted by the more stringent Organizational Conflict of Interest (OCI) regulations that govern strategic capture and proposal consulting.