Services are to be obtained and used in ways that ensure that the Government retains inherently governmental decision-making authority. Services are to be obtained in the most cost efficient manner, without barriers to full and open competition, and free of any potential conflicts of interest. Sufficient trained and experienced officials are available within the agency to manage and oversee the contract administration function. Effective management practices are used to prevent waste, fraud, and abuse in services contracting. Personal services contracts are prohibited unless there is a specific statutory authorization.
Professional athletes play under personal services contracts.
That person, and no one else, can perform the contract. The athlete becomes an employee of the team through such a contractual arrangement. In contrast, the Government hires its employees through competitive appointment under civil service laws and OPM regulations. Government services contracts must be nonpersonal in nature unless an agency has personal services contracting authority. This makes it clear that we must pay close attention to both the form and substance of our services contracts.