A contract in which the skills or talents of a party are material. Related Terms: Independent Contractor, Employee. The distinctive feature of a personal service contract is that it must follow the person with the skills at the root of the contract.
What is personal services in Government contracting?
Personal services contracts are a type of contract in which the government exercises relatively continuous supervision and control over the individuals performing the work.
What is the maximum period of time that a personal services contract?
Five-Year
e. Five-Year Maximum Period of Performance: Personal services contracts are subject to the five-year limitation in accordance with FAR Part 17.
What are indicators of personal services contracts?
The key indicator of personal services is when contractor personnel are subjected to continuous supervision and control of a Government employee(s). According to FAR 37.104(b), agencies are not permitted to award personal services contracts, unless specifically authorized by statute.
Are personal service contracts enforceable?
A personal services contract must be enforceable. It must include an offer, an acceptance of the offer and consideration — something of value that is exchanged between the parties. Each party must have legal capacity to contract, and the contract must relate to a legal purpose.
What does the law require for a personal service contract?
Personal services contracts require that the person hired performs the work. For example, if you hire a specific graphic artist to create a logo for your product, he can’t send an apprentice to do the work or finish the project without your permission.
What are differing site conditions?
A “differing site condition” (also known as a “changed condition”), which is abbreviated in this article as a “DSC,” is an unknown and hidden, concealed, or latent physical condition encountered at a site that differs materially from the reasonably anticipated conditions.
Who should execute the certification of non personal services for a service contract requirement?
The program manager or other official responsible for the requirement, at a level specified by the agency, should execute the certification.
What is a non personal services contract?
Nonpersonal services contract means a contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.
Do personal service contracts need to be in writing?
Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. These contracts shall require the written consent of the Attorney General, pursuant to Section 11040.
What are and who pays differing site conditions?
Differing site conditions occur when a construction contractor encounters a concealed site condition (like, potentially, a subsurface condition) that differs from what was in the contract or from what would normally be expected.
What are some examples of a differing site conditions that are not subsurface conditions?
Examples of common differing site conditions include: soil with inadequate bearing capacity to support the building being constructed, soil that cannot be reused as structural fill, unanticipated groundwater, quicksand, mud, rock formations, or other artificial subsurface obstructions.
