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The term "personal services contract" means a contract with express terms or administration which makes the contractor personnel appear effectively to be Government employees. Such contracts are prohibited by the FAR (Subpart 37.104) excepting where specifically authorized by statute.
This is a type of contract that provides for an indefinite quantity of supplies or services during a fixed period of time. The legal origin of IDIQ contracts is the Federal Acquisition Regulation (FAR) section 16.504(a) (48 CFR 16.504). IDIQs are also sometimes called "Task Orders" or "Delivery Order Contracts."
Pricing on a per person or per hour basis is a sign that a contract likely also qualifies as a personal services contract under FAR Part 37 – technically violating at least the spirit, if not the letter, of the Classification Act and FAR Part 37 except in specific circumstances and with specific determinations and findings.
Subpart 37.2 defines advisory and assistance services and provides that the use of such services is a legitimate way to improve the prospects for program or systems success. FAR Part 37.201(c) defines engineering and technical services used in support of a program office during the acquisition cycle.
General Services Administration, Department of Defense, National Aeronautics and Space Administration, Office of Federal Procurement Policy: 2: 52-99 3: 2: 200-299: Defense Acquisition Regulations System (DARS), Defense Federal Acquisition Regulation Supplement (DFARS) Department of Defense: 4: 3: 300-399: Department of Health and Human ...
The responsibilities of a contracting officer are detailed in the FAR (48 CFR) Part 1.602-2: "Contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships."
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