37.112
Government use of private sector temporaries
Temporary help services from private firms can be used for short-term needs but must not replace federal employees or circumvent civil service hiring, and must comply with 5 CFR Part 300, Subpart E.
Overview
FAR 37.112 allows contracting officers to procure temporary help services from private sector firms for short-term or intermittent needs. The regulation clarifies that such services are not considered personal services and must not be used as a substitute for regular civil service hiring or to replace federal employees. All acquisitions of temporary help services must comply with the requirements set forth in 5 CFR Part 300, Subpart E, as well as any applicable agency-specific procedures. This ensures that the use of private sector temporaries is properly regulated and does not undermine federal employment policies.
Key Rules
- Permissible Use of Temporary Help Services
- Contracting officers may contract with private firms for temporary help on a brief or intermittent basis.
- Non-Personal Services
- Temporary help services must not be treated as personal services contracts.
- Prohibition on Employee Displacement
- These services cannot be used to replace federal employees or circumvent civil service hiring processes.
- Compliance with External Regulations
- All acquisitions must adhere to 5 CFR Part 300, Subpart E, and agency-specific procedures.
Responsibilities
- Contracting Officers: Ensure contracts for temporary help are for short-term/intermittent needs, do not displace federal employees, and comply with all regulatory requirements.
- Contractors: Provide temporary help services as specified, without engaging in personal services or replacing federal employees.
- Agencies: Oversee compliance with 5 CFR Part 300, Subpart E, and internal procedures.
Practical Implications
- This section exists to provide flexibility in meeting short-term staffing needs without undermining federal employment protections.
- It impacts daily contracting by setting clear boundaries on when and how temporary help can be used.
- Common pitfalls include misclassifying services as personal or using temporary help to bypass civil service hiring.