Personal Versus Non-Personal Services

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Personal versus non-personal services. The scenario presented for review has a list of six service requirements that are to be determined whether they are personal or non-personal. If the service is determined to be classified as personal, then determination as to the legality needs to be done, as well as determining the actions and approvals required for contract approval. The following is the list of services requested to be procured: 1. Installation of 1.2 million update network server increasing system’s capacity 300% 2. Twenty-four hours a day seven days per week support for trouble calls 3. Two full time onsite contractor personnel who report directly to the Commander and Executive Officer and will handle trouble calls with the system’s performance 4. A requirement for no more than one hour of down time 5. Daily debriefing of Commanding Officer and Executive Officer on the status of ongoing operational and maintenance problems with the system 6. Implementation of Government Provided Upgrades (GPU) to the system at the six month point of the contract The determination of personal versus non-personal is cited in the FAR. FAR 2.101 defines a personal services contract as “a contract that, by its express terms or as administered, makes the contractor personnel appear to be, in effect, Government employees”. The FAR also states policy regarding the contracting of personal and non-personal services in FAR 37.102 “(c) Agencies shall not award a contract for the performance of an inherently governmental function (see Subpart 7.5). (d) Non-personal service contracts are proper under general contracting authority.” On April 12, 2005, DOD issued a final rule to provide authority for DOD to enter into personal services contracts in the following three circumstances: 1. For health care services at locations outside of DOD medical treatment facilities 2. For

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