U.S. flag
          An official website of the United States Government  Main navigation
  

        

              Data Initiatives
                              Regulations
                                                                        Row 1
                                              FAR FAR
                              Smart Matrix Smart Matrix
                              Chapter 99 (CAS) Chapter 99 (CAS)
                              Row 2
                                              DFARS DFARS
                              DFARSPGI DFARSPGI
                              AFARS AFARS
                              DAFFARS DAFFARS
                              DAFFARS MP DAFFARS MP
                              DARS DARS
                              DLAD DLAD
                              NMCARS NMCARS
                              Row 3
                                              SOFARS SOFARS
                              TRANSFARS TRANSFARS
                              AGAR AGAR
                              AIDAR AIDAR
                              CAR CAR
                              DEAR DEAR
                              DIAR DIAR
                              DOLAR DOLAR
                              Row 4
                                              DOSAR DOSAR
                              DTAR DTAR
                              EDAR EDAR
                              EPAAR EPAAR
                              FEHBAR FEHBAR
                              GSAM/R GSAM/R
                              HHSAR HHSAR
                              HSAR HSAR
                              Row 5
                                              HUDAR HUDAR
                              IAAR IAAR
                              JAR JAR
                              LIFAR LIFAR
                              NFS NFS
                              NRCAR NRCAR
                              TAR TAR
                              VAAR VAAR
                              Tools
                                                                        Archives
                              Smart Matrix
                              Regulations Search
                              Acquisition Regulation Comparator (ARC)
                              Policy Network
                                                                        CAOC
                              CAAC
                              FAR Council
                              ISDC
 Breadcrumb
        Home
                            Regulations
                            General Services Acquisition Manual (GSAM)
                            Subpart 537.2 - Advisory and Assistance Services
        
                  GSAM
GSAM
Change Number: Change 178 GSAR Case 2020-G511 Effective Date: 03/25/2024
PartPart 501Part 502Part 503Part 504Part 505Part 506Part 507Part 508Part 509Part 510Part 511Part 512Part 513Part 514Part 515Part 516Part 517Part 518Part 519Part 520Part 521Part 522Part 523Part 524Part 525Part 526Part 527Part 528Part 529Part 530Part 531Part 532Part 533Part 534Part 535Part 536Part 537Part 538Part 539Part 540Part 541Part 542Part 543Part 544Part 545Part 546Part 547Part 548Part 549Part 550Part 552Part 553Part 570Part 571
Subpart537.1537.2537.5537.6537.70
Section537.201537.204537.270
Leave this field blank
        
                  

                                
                  
        « PreviousNext »
Subpart 537.2 - Advisory and Assistance ServicesSubpart 537.2 - Advisory and Assistance Services 	  **Parent topic:**  Part 537 - Service Contracting537.201 Definitions. 		    As used in this subpart— 			      *Evaluation or analysis of a proposal* means proposal evaluation as described in FAR 15.305. It includes: Cost or price evaluation using cost or price analysis, as defined in FAR 15.404. 			      *Proposal* means a proposal submitted for an initial contract award. (See FAR 37.203(d)). It does not include proposals submitted after contract award, such as value engineering proposals, proposals related to contract modifications, claims, or other contract administration actions. 			      *Readily available* means that employees with the requisite training and capability are employed by the agency, capable of handling additional work relating to other duties as assigned by management, and that the travel and other costs associated with using covered personnel does not exceed the projected cost of a contract for evaluation and analysis services. 			      *Requisite training and capability* means training and capability necessary to successfully perform the task or contract at issue in the time and in the manner required. It may include relevant experience, recent performance of work of similar size and scope, specific training and other factors that the contracting officer determines are necessary to the successful performance of the task or contract at issue.537.204 Guidelines for determining availability of personnel. 		    (a)                   *Authority*. The contracting officer is authorized to make the determinations required by FAR 37.204 unless the HCA designates another agency official. 				         				         					          (b)                   *Policy*. The contracting officer, or the HCA’s designee, must make the determination whether GSA personnel with the requisite training and capabilities are readily available to perform the evaluation or analysis before issuing a solicitation which includes evaluation and analysis services (see FAR 37.205). 				         				         					          (c)                   *Identifying qualified personnel*. The contracting officer, or the HCA’s designee, must base the determination on information received in response to a survey conducted as follows: 					           						             							              (1)  If the estimated cost of evaluation and analysis services to be obtained under a contract or order is less than the micropurchase threshold, the administrative cost and time associated with conducting the search and other costs, such as travel, will likely exceed the cost of providing the services under the contract or order. In this case, the survey need only include the appropriate Assistant Commissioner, Assistant Regional Administrator, or designee within the contracting organization at the location where the services are to be performed. 						             						             							              (2)  If the estimated cost of the evaluation and analysis services to be obtained under a contract or order is expected to exceed the micropurchase threshold, the survey must include all of the following: 							               								                 									                  (i)  The appropriate Assistant Commissioner, Assistant Regional Administrator, or designee at the location where the services are to be performed, and managers within other GSA Regions and Central Office of the contracting organization. 								                 								                 									                  (ii)  Other Federal agencies that are reasonably expected to have covered personnel with the requisite training and capability at the location where the services are to be performed. 								                 							               						             					           				         				         					          (d)                   *Decisions on availability of personnel*. The contracting officer, or the HCA’s designee, should request that decisions on availability be made by a management official at a level higher than the employee’s immediate supervisor. 				         				         					          (e)                   *Documentation*. The determination required by FAR 37.204 may be incorporated in the acquisition plan or made a part of another document prepared in the normal course of a procurement action. The file should, at a minimum, describe: 					           						             							              (1)                         *Who was surveyed and a summary of the responses received;* 						             						             							              (2)                         *The circumstances requiring the use of outside evaluators;* 						             						             							              (3)                         *Actions GSA will take to avoid organizational or other conflicts of interest under FAR 9.5; and* 						             						             							              (4)                         *The competitive relationship between prospective offerors, including proposed subcontractors, and the prospective evaluator(s).* 						             					           				         				         					          (f)                   *Indefinite delivery contracts for evaluation and analysis services*. You may issue an indefinite delivery contract for evaluation and analysis services if there is a reasonable expectation that there will be occasions when personnel with the requisite training and capabilities will not be readily available to perform the evaluation and analysis services covered by the contract. 					           						             							              (1)  Before issuing a solicitation for an indefinite delivery contract, the appropriate agency official should first assess the ability of the Federal Supply Schedule Program to support the need and consider manpower and workload projections over the proposed contract period. This should help avoid unnecessarily incurring the cost of soliciting offers and awarding a contract. Document the acquisition file accordingly. 						             						             							              (2)  The appropriate agency official should establish procedures for making determinations regarding particular evaluations before orders are placed under the contract.537.270 Contract clause. 		    Insert the clause at  552.237-73, Restriction on Disclosure of Information, in solicitations and contracts for proposal evaluation and analysis services.
« PreviousNext »
FavoriteX

      GSAM Parts
            Regulations GSAM Menu
  

        

              Index
                              501
                              502
                              503
                              504
                              505
                              506
                              507
                              508
                              509
                              510
                              511
                              512
                              513
                              514
                              515
                              516
                              517
                              518
                              519
                              520
                              521
                              522
                              523
                              524
                              525
                              526
                              527
                              528
                              529
                              530
                              531
                              532
                              533
                              534
                              535
                              536
                              537
                              538
                              539
                              540
                              541
                              542
                              543
                              544
                              545
                              546
                              547
                              548
                              549
                              550
                              552
                              553
                              570
                              571

      ×
        Data Initiatives
                                                              Regulations
                                                              Tools
                                              Archives
                                                              Smart Matrix
                                                              Regulations Search
                                                              Acquisition Regulation Comparator (ARC)
                                                              Policy Network
                                              CAO.gov
                                                        CAO Home
                                                              Council Member
                                                                    Large Agencies
                                                              Small Agencies
                                                              Council Defining Documents
                                                                    CAOC History
                                                              CAOC Charter
                                                              Civilian Agency Acquisition Council (CAAC)
                                                              Federal Acquisition Regulatory Council
                                                              Interagency Suspension and Debarment Committee (ISDC)
                                                              Search
 ˄ Top Sign up for FAR News

                            Share the FAR
                        Upper Footer Menu
  

        
      Useful Links
                              FAR Resources
                              Training
                              Acquisition Systems
            
                            **Contact Us/FAQs**
                        **Privacy and Security Notice**
                        **Accessibility Aids**
                        **Last Updated 03/29/2024**
 ACQUISITION.GOV
                An official website of the General Services Administration About GSA
                Accessibility support
                FOIA requests
                No FEAR Act data
                Office of the Inspector General
                Performance reports
                Privacy policy Looking for U.S. government information and services?
            Visit USA.gov
 «
    
    Tt