C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER F—SPECIAL CATEGORIES OF CONTRACTING › PART 37—SERVICE CONTRACTING › Subpart 37.1—Service Contracts—General

48 C.F.R. § 37.101

37.101 Definitions.

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As used in this part—

Adjusted hourly rate (including uncompensated overtime) is the rate that results from multiplying the hourly rate for a 40-hour work week by 40, and then dividing by the proposed hours per week which includes uncompensated overtime hours over and above the standard 40-hour work week. For example, 45 hours proposed on a 40-hour work week basis at $20 per hour would be converted to an uncompensated overtime rate of $17.78 per hour ($20.00 × 40/45 = $17.78).

Child care services means child protective services (including the investigation of child abuse and neglect reports), social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), foster care, residential care, recreational or rehabilitative programs, and detention, correctional, or treatment services.

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.

Performance-based contracting means structuring all aspects of an acquisition around the purpose of the work to be performed as opposed to either the manner by which the work is to be performed or broad and imprecise statements of work.

Service contract means a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may be either a nonpersonal or personal contract. It can also cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis. Some of the areas in which service contracts are found include the following:

(1) Maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment.

(2) Routine recurring maintenance of real property.

(3) Housekeeping and base services.

(4) Advisory and assistance services.

(5) Operation of Government-owned equipment, real property, and systems.

(6) Communications services.

(7) Architect-Engineering (see subpart 36.6).

(8) Transportation and related services (see part 47).

(9) Research and development (see part 35).

Uncompensated overtime means the hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act. Compensated personal absences such as holidays, vacations, and sick leave shall be included in the normal work week for purposes of computing uncompensated overtime hours.

[48 FR 42365, Sept. 19, 1983, as amended at 53 FR 43392, Oct. 26, 1988; 59 FR 67051, Dec. 28, 1994; 62 FR 44815, Aug. 22, 1997; 66 FR 2133, Jan. 10, 2001; 72 FR 27385, May 15, 2007; 80 FR 4993, Jan. 29, 2015]
Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 1999–2025 · leading case: Bradford v. U.S. Dep't of Labor, 101 F.4th 707 (10th Cir. 2024).
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Bradford v. U.S. Dep't of Labor, 101 F.4th 707 (10th Cir. 2024). · cites it 3× “” 48 C.F.R. § 37.101 . 4 Appellate Case: 22-1023 Document: 010111040629 Date Filed: 04/30/2024 Page: 5 Exercising jurisdiction under 28 U.”
Tech Sys., Inc. v. United States, 98 Fed. Cl. 228 (Fed. Cl. 2011). “104 (e)-(d), and does not tell the contractor how to achieve the result desired, see 48 C.F.R. § 37.101 — do not invariably require a large amount of management or planning, and no case law to the contrary has been brought to the Court’s attention.”
Seh Ahn Lee v. United States, 130 Fed. Cl. 243 (Fed. Cl. 2017). “The sample contracts are identified as “nonpersonal services contracts” as defined in 48 C.F.R. § 37.101 . In relevant part, the contracts provide: It is, therefore, understood and agreed that the [contractor and/or the Contractor’s employee: (1) Shall perform the services…”
UPMC Braddock v. Harris, 934 F. Supp. 2d 238 (D.D.C. 2013). · cites it 2× “” 48 C.F.R. § 37.101 . The regulations further explain that “[a] personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor’s personnel.”
Prazen v. Shoop, 2013 IL 115035 (Ill. 2013). “, 48 C.F.R. § 37.101 (2013); 32 C.F.R. §§ 107.”
Sperient Corp. v. United States, 113 Fed. Cl. 1 (Fed. Cl. 2013). “” 48 C.F.R. § 37.101 . . Although the United States Court of Appeals for the Federal Circuit affirmed R & D Dynamics Corp.”
Just in Time Staffing v. United States (Fed. Cl. 2019). “” 48 C.F.R. § 37.101 . Because the employees electing to exercise their collective bargaining rights were plaintiff’s employees, it 12 was plaintiff’s responsibility under the NLRA to “meet at reasonable times and confer in good faith” with their representatives.”
Commonwealth of Ky. v. Joseph R. Biden (6th Cir. 2022). “”), with 48 C.F.R. § 37.101 (“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…”
Bradford v. U.S. Dep't of Labor (D. Colo. 2022). “”), with 48 C.F.R. § 37.101 (“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…”
Asg Solutions Corp. v. United States (Fed. Cir. 2025). “” 48 C.F.R. § 37.101 ; see 48 C.F.R. § 37.104 .”
United States v. Shoop (10th Cir. 1999). “The fact that the government’s position did not prevail in the district court is not determinative of substantial 2 For purposes of this case, a personal services contract “means a contract that, by its express terms or as administered, makes the contractor personnel appear, in…”
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