Contracts with “Pinkerton detective agencies or similar organizations” are prohibited by 5 U.S.C. 3108. This prohibition applies only to contracts with organizations that offer quasi-military forces for hire, or with their employees, regardless of the nature of the contract. An organization that provides guard or protection services does not become a “quasi-military armed force,” even if the guards are armed or the organization provides general investigative or detective services. (See 57 Comp. Genesis 524.) (c) Agencies with multi-year legality shall examine the use of this power to promote and promote commercial economic operations in the procurement of services. 37.115-1 Scope. The guidelines in this section are based on Section 834 of Public Law101-510 (10 U.S.C.2331). 37.115-2 General policy. (a) The use of uncompensated overtime is not recommended.
(b) Where professional or technical services are procured on the basis of the number of hours to be performed and not on the basis of the task to be performed, the request requires providers to provide unpaid overtime and the rate of unpaid overtime for staff exempted from the Fair Labour Standards Act and included in their proposals and proposals for subcontractors; to be identified. This includes unpaid overtime, which is located in indirect cost pools for staff whose normal working hours are usually calculated directly. (c) Contract agents must ensure that the use of unpaid overtime in contracts to obtain services based on the number of hours worked does not affect the level of technical expertise required to meet government requirements (see 15.305 for competition negotiations and 15.404-1 (d) for cost analysis). When purchasing these services, contract agents carry out a risk assessment and, on this basis, evaluate all proposals received that reflect factors such as (1) unrealistic work rates or other costs that may result in a loss of quality or service; and (2) Unbalanced distribution of unpaid overtime between skill levels and its use in key technical positions. (d) Where there is unpaid overtime, the adjusted hourly rate (including unbalanced overtime) (see definition in paragraph 37.101) and not the hourly rate applies to all proposed hours, whether regular or overtime. 37.115-3 Determination of the call for tenders. Under section 52.237-10, Identification of Unpaid Overtime, the contract agent must include in all applications exceeding the simplified employment threshold the provision that professional or technical services must be purchased on the basis of the number of hours to be provided. (a) A personal services contract is characterized by the employer-employee relationship it establishes between the Government and the contractor`s staff. The Government is generally required to recruit its staff through direct recruitment through appointment procedures or other procedures required by civil service laws. Obtaining personal services by contract and not by direct rental circumvents these laws, unless Congress has expressly authorized the purchase of the services by contract.
(d) contracts for non-personal services are lawful under the contracting authority-general; (b) Further scrutiny and an appropriate level of enhanced management oversight are exercised when contracts are awarded for functions that are not inherently governmental but that closely support the performance of functions inherent to the State (see 7.503 (c)). (a) A sufficient number of qualified government employees are engaged to supervise the activities of contractors, in particular those involving support for government policy or decision-making. In the course of the performance of service contracts, the functions performed may not be modified or extended to become the property of the State by nature. (b) If independent or technical services are purchased on the basis of the number of hours to be performed and not on the basis of the task to be performed, the request requires suppliers to identify unpaid overtime and the rate of uncompensated overtime for fair direct fees of the Labour Standards Act – exempt the staff included in their proposals and proposals for subcontractors. This includes unpaid overtime, which is located in indirect cost pools for staff whose normal working hours are usually calculated directly. (b) The contract agent shall include the clause in section 52.237-2, Protection of Government Buildings, Equipment and Vegetation, in applications and contracts for services to be provided at government facilities, unless a construction contract is provided. (i) Organizations shall ensure that service contracts requiring the supply, use or supply of goods comply with Part 23. (ii) A statement of facts and reasons to support the conclusion that the contract does not contravene the provisions of paragraph 37.104(b) and (2) The government expects difficulties in the transition from one contractor to another or to the government. Examples of cases where the use of the clause may be appropriate include services in remote locations or services that require personnel with special security clearances. 4. Comparable services that meet comparable needs shall be provided by the same or similar bodies using public service personnel. 3.
The services shall be applied directly to the full use of agencies or an organisational part to promote the function or mission assigned to it. 41 U.S. Chapter 65.C, Labour Standards on Service Contracts, provides for minimum wages and benefits, as well as other conditions of employment under certain types of service contracts. Whether or not the Staff Regulations apply to a particular service contract depends on the definitions and exceptions set out in the Staff Regulations on contractual labour standards or in the implementing rules. This part prescribes policies and procedures specific to the purchase and management of services through contracts. This Part applies to all contracts and contracts for services, regardless of the type of contract or the type of service purchased. This Part requires the use of performance-based procurement for services to the fullest extent possible and prescribes policies and procedures for the use of performance-based procurement methods (see subsection 37.6). For more guidance on research and development services, see Part 35; Architectural engineering services are included in Part 36; Information technology is listed in Part 39; and transportation services are listed in Part 47. Parts 35, 36, 39 and 47 shall prevail over this Part in the event of any discrepancy. This part includes, but is not limited to, contracts for services for which 41 U.S.C. Chapter 67, Labour Standards for Service Contracts, applies (see subsection 22.10).
a) Performance-based procurement (see subsection 37.6) is the preferred method for the purchase of services (Public Law 106-398, Article 821). When purchasing services, including those purchased under contracts or supply contracts, organizations – a) The Contractor shall include the provision referred to in section 52.237-1, Site Visit, in applications for services for government facilities, unless the request relates to construction. Contract type is a term used to refer to differences in the structure or form of the contract, including compensation agreements and the amount of risk (for the government or for the contractor). Federal government contracts are generally divided into two main types, the fixed price and the refund. (b) Agencies may not award personal service contracts unless expressly authorized by law (e.B. 5 U.S.C.3109). (ii) A performance-based contract or order that is not a fixed fixed price. Contract staff may conclude contracts with service undertakings for temporary assistance for the short-term or temporary use of the skills of temporary staff in the private sector. Services provided by temporary employment agencies are not considered personal services. These services cannot be used in lieu of regular hiring under public service legislation or for the transfer of a federal employee. The procurement of these services must comply with the authorities, criteria and conditions of Part E of 5 CFR, Subpart E, Use of Temporary Agents and Private Sector Agency Procedures.
(b) Organizations generally use the private sector for their commercial services (see Circular No. . . . .