TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM

CHAPTER 8 - DEPARTMENT OF VETERANS AFFAIRS

SUBCHAPTER F - SPECIAL CATEGORIES OF CONTRACTING

PART 837 - SERVICE CONTRACTING

837.104 - Personal services contracts.

  (a) Personal service contracts having an employer-employee relationship shall not be awarded but will be consummated in accordance with VA Manual MP5, Parts I and II.

  (b) In addition to the elements used in assessing whether or not a contract is personal in nature identified in FAR 37.104(d), the following circumstances may also indicate a possible personal service contract.

  (1) The contract does not call for an end product which is adequately described in the contract.

  (2) The contract price or fee is based on the time actually worked rather than the results to be accomplished.

  (3) Office space, equipment and supplies for contract performance are to be furnished by the Department of Veterans Affairs.

  (4) Contractor personnel are to be used interchangeably with Department of Veterans Affairs personnel to perform the same function.

  (5) The Department of Veterans Affairs retains the right to control and direct the means and methods by which contractor personnel accomplish the work.

[49 FR 12620, Mar. 29, 1984, as amended at 50 FR 794, Jan. 7, 1985; 61 FR 20493, May 7, 1996]