What is the policy regarding Personal versus Nonpersonal Services?
FAR 37.104(b) states that agencies shall not award personal services contracts unless specifically authorized by statute. Public Law 101-165 authorizes acquisition of personal services of experts and consultants when a Determinations and Findings (D&F) is processed in accordance with department/agency regulations. In addition, 10 U.S.C. 1091 authorizes personal services contracts for health care. The Office of Personnel Management has established requirements which apply in acquiring the personal services of experts or consultants. Therefore, if an organization believes they have a requirement for “personal services”, they must prepare a D&F in accordance with DoD FAR Supplement 237.104. This D&F requires approval by SAF/AQ and must be coordinated with the Civilian Personnel Office. FAR 37.104(d) provides descriptive elements to be used as a guide in assessing whether or not a proposed contract is personal, or has the potential to become personal, in nature. a. Performance on site. b.
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