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Federal Employees: You be the Judge


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Gavel  
#1 Posted : Wednesday, May 14, 2008 9:56:59 PM(UTC)
Gavel

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Forget merit or experience. Is there really an impediment to bringing in a less experienced career employee at a 14 and letting the 14 level contractor move up to the 15 position?

Is there another employment status (annuitant, non annuitant, something, that can allow us to move the 14 contractor up to the vacated 15 position and bring the new 14 into the second position?
Where are the regs for this found?
wizzie  
#2 Posted : Wednesday, May 14, 2008 10:07:35 PM(UTC)
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Contractors may not supervise, control, or direct Federal employees. The responsibility for supervising Federal employees is inherently Governmental and may not be contracted out. Hope that answers your question.
wizzie  
#3 Posted : Wednesday, May 14, 2008 10:09:44 PM(UTC)
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has the GS-15 position been advertised? And why would you assume that the GS-14 would get it?
pmasterdh@hotmail.com  
#4 Posted : Wednesday, May 14, 2008 10:11:41 PM(UTC)
pmasterdh@hotmail.com

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"Contractors may not supervise, control, or direct Federal employees. The responsibility for supervising Federal employees is inherently Governmental and may not be contracted out. Hope that answers your question."

What reg are you quoting?
wizzie  
#5 Posted : Wednesday, May 14, 2008 10:21:07 PM(UTC)
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pmasterdh@hotmail.com  
#6 Posted : Thursday, May 15, 2008 12:06:15 AM(UTC)
pmasterdh@hotmail.com

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Thanks, Wizzie.
arthur  
#7 Posted : Wednesday, February 18, 2009 5:48:54 AM(UTC)
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I checked out the link and it does work.
It says the following about contract employees versus Federal employees:
") The following is a list of examples of functions considered to be inherently governmental functions or which shall be treated as such. This list is not all inclusive: (7) The direction and control of Federal employees. "
Nuclear-Angel  
#8 Posted : Thursday, February 19, 2009 12:24:58 AM(UTC)
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They are established by Statute!
Mugician  
#9 Posted : Thursday, February 19, 2009 7:16:44 AM(UTC)
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What does this statement really mean?

(7) The direction and control of Federal employees. "

Can anyone provide some specific examples?
Mugician  
#10 Posted : Thursday, February 19, 2009 7:40:00 AM(UTC)
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A contractor's duties, deliverables and POCs (CORs) may be found in the Performance Statement of Work.

Is a government employee allowed to read this document?

Does it mean a contractor has a right not to respond to a tasking by a government employee other than anyone mentioned in the PSW?
Trish  
#11 Posted : Thursday, February 19, 2009 10:14:39 AM(UTC)
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quote:
Originally posted by Mugician:
A contractor's duties, deliverables and POCs (CORs) may be found in the Performance Statement of Work.

Is a government employee allowed to read this document?

Does it mean a contractor has a right not to respond to a tasking by a government employee other than anyone mentioned in the PSW?


If a contract is awarded as a personal services contract then it might be the case that a Government employee can say what a contractor should do, but otherwise, no. Even if you work in the same building, a CS can't direct a contractor at all otherwise, it becomes a personal service arrangement.

FAR 37.104 Personal services contracts.
(a) A personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor’s personnel. The Government is normally required to obtain its employees by direct hire under competitive appointment or other procedures required by the civil service laws. Obtaining personal services by contract, rather than by direct hire, circumvents those laws unless Congress has specifically authorized acquisition of the services by contract.
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