37,101 definitions. As used in this Part – The adjusted hourly rate (including unpaid overtime) is the rate resulting from multiplying the hourly rate for a 40-hour work week by 40 hours and subsequently dividing by the proposed hours per week, which includes unpaid overtime beyond the normal 40-hour week. For example, 45 hours offered on a 40-hour weekly basis at $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 include child protection services (including investigations of reports of child abuse and neglect), social services, health and mental health care, child care (day care), education (whether or not they are directly involved in teaching), foster families, dormitories, recreational or rehabilitation programs, and detention, prison or treatment services. A non-personal service contract is defined as 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 deliver a final product. A service contract can be a non-personal or personal contract. It may also be services provided by professional or non-professional staff on an individual or organizational basis. Some of the areas where service contracts are found are: (1) maintenance, overhaul, repair, maintenance, rehabilitation, 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 State-owned equipment, immovable property and systems. (6) Communication services. (7) Architects` engineering (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 of more than 40 hours per week on average by direct 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 uncompensated 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, agencies shall – (1) apply performance-based acquisition methods to the greatest extent possible, with the exception of – (i) architect-engineer services purchased pursuant to 40 U.S. § 40.C.1101 et seq.; (ii) construction (see Part 36); (iii) pension benefits (see Part 41); or (iv) services that are ancillary to the provision of purchases; and (2) use the following order of precedence (Public Law106-398, Section 821(a)); (i) A contract or fixed-price order based on performance. (ii) A performance-based contract or order that is not a fixed fixed price. (iii) A contract or order 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 lawful under the contracting authority-general; (e) The Agency`s programme officers shall be responsible for accurately describing the need to be met or the problem to be solved through service contracts in a manner that ensures a complete understanding and responsive performance of the contractors, and should be assisted by contract agents where necessary; To the extent possible, program managers describe the need for performance-based recording methods.
f) Organizations must establish effective management practices in accordance with Federal Procurement Policy Office (FOCP) 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 possible, without obstacles to full and open competition and free from potential conflicts of interest; (h) Agencies shall ensure that sufficiently trained and experienced officials are available within the Agency to direct and supervise the management of contracts; (i) Organizations shall ensure that service contracts requiring the supply, use or supply of goods comply with Part 23. 37.103 Customer Liability. (a) the contract staff member is responsible for ensuring that the proposed service contract is correct; To this end, the Contractor shall – (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, request the examination 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 reasons that support 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 shall be exempted from the requirements of point 3 of paragraph a of this Section. (c) ensure that performance-based recording methods are used to the greatest extent possible when purchasing services. (d) Ensure that child care contracts include requirements for criminal verification of employees who will provide child care under the Agreement pursuant to 42 U.S.C.13041, as amended, and government procedures. (e) Ensure that the reporting obligations of service contractors set out in subsection 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 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. (b) Agencies do not award personal service contracts unless expressly authorized by law (e.B. 5 U.S.C. 3109). (c) (1) An employer-employee relationship exists under a service contract where the contractor`s personnel are subject to the relatively continuous supervision and control of a government officer or 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 refuse the finished product or result is not the type of monitoring or control that transforms a person who is an independent contractor (for example. B, a contractor) to a government employee. (2) Each contractual agreement shall be assessed in light of its own facts and circumstances, the key question always being: Will the government exercise relatively continuous supervision and control over the personnel of the contractor 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 given strong consideration (see point (d) of this section). (d) The following descriptive elements should serve as guidelines for assessing whether a proposed contract is personal in nature or not: (1) on-site performance.
(2) Main tools and equipment provided by the government. 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. 4. Comparable services that meet comparable needs shall be provided by the same or similar bodies using public service personnel. (5) It can reasonably be assumed that the need for the type of service provided lasts more than 1 year. . . .