Service Contracts
A Service Contract directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish a tangible product.
A service must be non-personal and one that can be performed by an individual or organization.
Service contracts and modifications require a statement of work and written determination that none of the functions to be performed are inherently Governmental, i.e., so intimately related to the public interest that performance by Government employees is mandated.
Labor laws often apply to acquisitions (e.g., wages paid to contractor personnel, work hours, working environments and other factors affecting how the contractor performs the requirement). A prescribed FAR clause, or provision for actions subject to these laws, must be included in contract or purchase order awards. Contract Specialists should be consulted regarding the labor laws that relate to procurement and the associated contract clauses.
The Federal Acquisition Regulation states that agencies use performance-based acquisition (PBA) methods to the maximum extent practicable when acquiring services. Additional information and samples for PBA are available.
Examples of services that Reclamation is likely to acquire include:
- Research and development;
- Advisory and assistance;
- Operation of Government-owned equipment, systems or facilities;
- Architect-Engineering;
- Communications services;
- Transportation and related services and
- Maintenance, overhaul, repair, servicing, modernization, or modification of supplies, systems, real property or equipment.
Advisory and Assistance Services
Advisory and assistance services are those services provided under contract by non-Federal sources to support or improve:
- organizational policy development;
- decision-making;
- management and administration;
- program and/or project management and administration; or
- research and development.
Government employees must be used in the decision-making role to evaluate proposals for advisory- or assistance-services contract actions unless Government personnel are not reasonably available.
Personal Services
A personal services contract creates an employer-employee relationship between the Federal Government and an individual. Special, statutory approvals are required for personal service contracting, so agreements with the potential to create an employment relationship are reviewed carefully to ensure, among other considerations, that competitive selection procedures are not ignored and that human resource limitations are not exceeded. Reclamation does not have the statutory authority to enter into a contract for personal services. The Office of the Solicitor should be consulted for advice, therefore, when a Contract Specialist receives a requirement for services that may be construed to appear like personal services. If it is determined that the services are considered to be personal services, the Contract Specialist may work with the initiating office in an attempt to use some other mechanism to achieve the desired results.