Contact a university procurement officer If you have any questions about non-personal service contracts or if you need to issue a non-personal service contract, the program office responded and asked if the government should (knowingly) accept the employee of a contractor whose performance is unacceptable. 37,101 definitions. The adjusted hourly rate (including unpaid overtime) is the rate resulting from multiplying a week`s hourly rate by 40 hours and then dividing it by the proposed weekly hours that include unpaid overtime beyond the normal 40-hour week. For example, 45 hours offered on a 40-hour weekly basis at a price of $20 per hour would be converted to an unpaid overtime rate of $17.78 per hour ($20.00 x 40/45 = $17.78). Child care services are child protection services (including investigations of reports of child abuse and neglect), social services, health and mental health care, child care, education (whether or not they are directly involved in education), foster families, residential care, recreation or rehabilitation programs, and detention, prison or treatment services. A non-personal services contract is a contract under which the personnel providing the services are not subject to the supervision and control that normally prevails in the relationship between the government and its employees, either by the terms of the contract or by the manner in which it is administered. A service contract refers to a contract that directly takes the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than provide a final delivery item. A service contract can be a non-personal contract or a personal contract. It can also be services provided by independent or non-professional staff, whether on an individual or organizational basis.
Some of the areas where service contracts are found are: (1) maintenance, overhaul, repair, maintenance, refurbishment, recovery, modernization or modification of supplies, systems or equipment. (2) Routine recurring maintenance of real property. (3) Housekeeping and basic services. (4) Advisory and support services. (5) Operation of government-owned equipment, real property and systems. (6) Communication services. (7) Architectural engineering sciences (see subsection 36.6). (8) Transport and related services (see Part 47). (9) Research and development (see part 35).
Unpaid overtime is the hours worked without additional pay that are worked an average of 40 hours per week by directly billed employees who are exempt from the Fair Labour Standards Act. Compensated personal absences such as vacation, vacation and sick leave are included in the normal work week to calculate unpaid overtime. 37.102 Directive. (a) Performance-based procurement (see subsection 37.6) is the preferred method for the acquisition of services (Public Law106-398, Article 821). When purchasing services, including those acquired under contracts or supply contracts, the agency`s performance-based procurement methods (1) shall apply to the fullest extent possible, with the exception of (i) architectural engineering services purchased under 40 U.S.S.C.1101 et seq.; (ii) construction (see Part 36); (iii) public services (see Part 41); or (iv) services incidental to the delivery of purchases; and (2) use the following order of precedence (Public Law106-398, Section 821(a)); (i) A fixed-price contract or performance-based engagement order. (ii) A contract based on performance or an order that is not a fixed price. (iii) A contract or assignment of a task that is not based on performance. (b) Organizations generally rely on the private sector for commercial services (see OMB Circular No. 1. A-76, carrying on business and subsection 7.3). (c) Agencies do not assign a mandate to perform an inherent function of the State (see subsection 7.5). (d) Contracts for non-personal services are appropriate within the framework of the general contractor.
(e) the Agency`s programme managers shall be responsible for accurately describing the needs or problems to be solved through service contracts in a way that ensures a comprehensive understanding and responsive performance of the contractors, and should be assisted by contract staff where necessary; Where possible, program managers describe the needs to be met using performance-based collection methods. f) Organizations must establish effective management practices in accordance with Federal Procurement Policy Office (OTP) Policy Letter 93-1, Oversight of the Management of Service Contracts, to prevent fraud, waste and abuse of service contracts. (g) the services are provided in the most cost-effective manner, without obstacles to full and open competition and without potential conflicts of interest; (h) Agencies shall ensure that sufficiently trained and experienced officials are available within the Agency to manage and supervise the contract management function; (i) Organizations shall ensure that service contracts requiring the supply, use or supply of goods comply with Part 23. 37.103 Customer`s Liability. (a) The procuring entity shall be responsible for ensuring that a planned service contract is appropriate. To this end, the customer must – (1) determine whether the proposed service is intended for a personal or non-personal service contract using the definitions in 2.101 and 37.101 and the guidelines in section 37.104; (2) In case of doubt, seek the advice of a lawyer; and (3) document the record (except as provided in paragraph (b) of this section) with – (i) the opinion of counsel, if any, (ii) a statement of facts and justification in support of the conclusion that the contract does not violate the provisions of paragraph (b) of section 37.104), and (iii) any other document that the principal may require. (b) Contracts for non-personal services are exempt from the requirements of paragraph (a)(3) of this section. (c) ensure that performance-based recording methods are used, as far as possible, when purchasing services.
d) Ensure that child care contracts include requirements to conduct criminal background checks on employees who provide child care under the Contract in accordance with 42 U.S.C.13041, as amended from time to time, and Agency procedures. (e) Ensure that the reporting obligations of service providers under paragraph 4.17, Inventory of Service Contracts, are met. 37,104 personal service contracts. (a) A personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor`s personnel. The government is usually required to recruit its employees through direct recruitment through a competitive appointment or other procedures required by public service legislation. Obtaining personal services by contract and not by direct rental circumvents these laws, unless Congress has expressly contractually authorized the purchase of the services. (b) Agencies may not award personal service contracts unless expressly authorized by law (e.B. 5 U.S.C. 3109). (c) (1) An employer-employee relationship under a service contract exists where the contractor`s personnel are subject to the relatively continuous supervision and control of a public servant or government employee because of (i) the terms of the contract or (ii) the manner in which they are administered during performance.
However, ordering a particular item or service with the right to reject the finished product or result is not the type of monitoring or control that converts a person who is an independent contractor (for example. B, a contractor) to a government employee. (2) Each contractual agreement must be assessed in light of its own facts and circumstances, the key question always being: Will the government exercise relatively continuous oversight and control over the contract personnel performing the contract? Sporadic and unauthorized monitoring of only one of a large number of contractors could reasonably be considered irrelevant, while relatively continuous government monitoring of a significant number of contractors should be strongly taken into account (see point (d) of this section). .