Are we right in our interpretation? Is it really a service since we pay for the work associated with the repair of the equipment? Also, does anyone have other policies/guidelines that provide a clear definition of a benefit versus a service? And they think the theory is universally true? There is no contract that is a supply contract for all purposes, or a service contract for all purposes or a construction contract for all purposes? For example, do we categorize for the purpose of enforcing labour rights? Application of national preferential laws? Apply restrictions on subcontracting? Reports in FPDS? 4. Comparable services that meet comparable needs shall be provided by the same or similar bodies using public service personnel. 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. I`m sure most contracts fit perfectly into a pre-designed category for most, if not all, of the endings. However, where the question arises as to whether it is a supply or a service, the underlying objective of the question is usually related to the correct application of a rule. Therefore, my answer to questions such as “Is X a delivery or a service?” “For what purpose should you categorize X?” 37.113-1 Waiver of the limitation of the ability to assume costs. (a) The Head of the Agency may waive the 31-205-6(g)(6) reimbursement restrictions on severance pay paid to aliens for contracts that (1) provide essential support services to (i) members of the armed forces stationed or stationed outside the United States, or (ii) employees of an executive agency seconded outside the United States; and (2) are listed in whole or in part outside the United States. (b) Exemptions may be granted only before the contract is awarded. (c) Exceptions may not be granted for – (1) military banking contracts under U.S.S. §§ 10.C.2324(e)(2); or (2) severance pay paid by a Contractor to a foreign national employed by the Contractor under a DoD service contract in the Republic of the Philippines if the hiring of the foreign national results from the termination of the U.S. Army`s landing rights in the Republic of the Philippines (Public Law Section 1351(b)102-484, 10 U.S.C.1592, Note). 37.113-2 Solicitation Provision and Contractual Clause.

(a) Use the provision of paragraph 52.237-8, Limitation of Severance Benefits to Foreign Nationals, in all applications that meet the criteria set out in paragraph 37.113-1(a), except those excluded by paragraph 37.113-1(c). (b) If the head of an agency has granted a waiver under section 37.113-1, use the clause referred to in section 52.237-9, waiver of the restriction of severance pay paid to aliens. The “micro-purchase threshold” is set at FAR 2,101 and is $3,500 for services, unless CELS laws apply. Carl, what I meant is that there is a separate definition of caAS. If the contractual services are provided by the contractor personally and the customer knows at the time of obtaining or concluding the negotiations that the service employees will in no way be called upon by the contractor to provide the contractual services, it is not necessary to include SCLS clauses or a determination of salary. Therefore, some contracts performed by individuals such as chapel organists, financial advisors, test supervisors, etc. may not be subject to SCLS. However, the subsequent contract should be drafted in such a way as to ensure that the work is carried out personally and not by an employee or service worker. (f) Personal service contracts for the services of individual experts or consultants are limited by the Classification Act. In addition, the Office of Human Resources Management has established requirements that apply to the provision of personal services of experts or consultants in this manner (e.g.

B, benefits, taxes, conflicts of interest). Therefore, the contract staff member must carry out the necessary coordination with the competent civilian staff office. Based on your assumption of the underlying objective, I agree with you. But here are some additional considerations on this topic. Scanning the recipes of the clauses, I think there are three main official categories of contracts based on the general purpose of the purchase: delivery, service and construction. All the contracts I can think of (right now I`m sitting at Reagan Airport and motivated by the public announcements that we Americans love so much) fall into one of these three broad categories. For example, research and development contracts as well as architect-engineer contracts are subcategories of service contracts. The SCLS applies to all federal contracts where “the primary purpose is to provide services in the United States through the use of service personnel” (FAR 22.1003-1). The SCLS only applies if all of these criteria are met. Review legal and administrative exceptions only if the contract first meets these coverage criteria. If far 22.1003-6 does not apply, the following points may help.

It is not a question of whether or not your request is a delivery or a service, but whether or not the Labour Standards on Service Contracts (SCLS) regulations apply. What I mean is that I think Don`s statement is true in some cases, but not in all. Far provides general definitions of categories, but sometimes defines certain categories in a special way related to the application of certain rules. The key for a contracting practitioner is when a particular rule uses a specific definition. I encourage you to have a professional conversation with your employees about the offer versus the service. Everyone will agree on some examples, but with other examples, there may be disagreements. Well said. When awarding contracts, we categorize things for a specific purpose. So, before we categorize anything as delivery or service, we need to know the purpose of categorization. Something can be categorized as a delivery for one purpose and a service for another. (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 lease circumvents these laws, unless Congress has expressly authorized the purchase of the services by contract. .