37.112 Government use of private sector temporaries
Source: FAR 37.112 on acquisition.gov
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.
Contracting officers may enter into contracts with temporary help service firms for the brief or intermittent use of the skills of private sector temporaries. Services furnished by temporary help firms shall not be regarded or treated as personal services. These services shall not be used in lieu of regular recruitment under civil service laws or to displace a Federal employee. Acquisition of these services shall comply with the authority, criteria, and conditions of 5 CFR Part 300, SubpartE, Use of Private Sector Temporaries, and agency procedures.