---
kind: "section"
citation: "48 C.F.R. § 207.503"
title: "48"
number: "207.503"
heading: "Policy."
url: "https://uscodex.org/cfr/48/207.503"
---

# §207.503. Policy.

- (e) The written determination required by FAR 7.503(e), that none of the functions to be performed by contract are inherently governmental—
- (i) Shall be prepared using DoD Instruction 1100.22, Guidance for Determining Workforce Mix; and
- (ii) Shall include a determination that none of the functions to be performed are exempt from private sector performance, as addressed in DoD Instruction 1100.22.

  (S-70) Contracts for acquisition functions.

  - (1) In accordance with [10 U.S.C. 4508](/usc/10/4508.md), the head of an agency may enter into a contract for performance of the acquisition functions closely associated with inherently governmental functions that are listed at FAR 7.503(d) only if—
    - (i) **The contracting officer determines that appropriate military or civilian DoD personnel—**
      - (A) Cannot reasonably be made available to perform the functions;
      - (B) Will oversee contractor performance of the contract; and
      - (C) Will perform all inherently governmental functions associated with the functions to be performed under the contract; and
    - (ii) The contracting officer ensures that the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract (see FAR [Subpart 9.5](/cfr/48/subpart9.5.md)).
  - (2) See related information at PGI 207.503(S-70).

## Notes

### Amendments

[70 FR 14573, Mar. 23, 2005, as amended at 71 FR 14101, Mar. 21, 2006; 73 FR 1826, Jan. 10, 2008; 87 FR 76990, Dec. 16, 2022]

### Source

Source: 70 FR 14573, Mar. 23, 2005, unless otherwise noted.

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36305, July 31, 1991, unless otherwise noted.

### Amendments

[70 FR 14573, Mar. 23, 2005, as amended at 71 FR 14101, Mar. 21, 2006; 73 FR 1826, Jan. 10, 2008; 87 FR 76990, Dec. 16, 2022]