Can NAFIs contract for temporary personnel services?
The short answer is “yes.” But make sure you first comply with regulatory guidance on (1) personal services and (2) requisite advance approvals First, draft the SOW around discrete tasks that the contractor must perform or performance objectives that it must meet. Write the SOW in such a way that no personal supervision is necessary by NAFI personnel. Whenever NAFI personnel regularly direct the actions of contractor employees there is always the danger of creating an “employer-employee” relationship that runs afoul of the prohibition on contracting for personal services. (See AR 215-4, paragraph 7-7d) Second, before contracting for temporary services the requiring activity must obtain Garrison Commander approval. No blanket approvals can be granted. Instead, the GC must consider each request on a case by case basis. AR 215-3, paragraph 2-13. Here’s another practical tip. Since requirements for temporary labor may require quick turn around times, contracting officers may want to award
