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B-191865 1 (1978-11-13)

handle is hein.gao/gaobadgpi0001 and id is 1 raw text is: 



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 DECISION.OF THE UNITED2WVATNE
                     5 WABHINGTON, 13. C. 23D9540



 FiLE:   B-191.865                    DATE:    November 13, 1975

 MATTER OF:       Charles R. Hobbs Corporation


 DIGEST:     1.  Where there is truly an iniependent  contract
                 that does not estbhlish an employer-employee
                 relationship between the agency and  the con-
                 tractor as determined in accordance with
                 Chapter 304, Federal Personnel Manual  (FPM),
                 section 1-4, payment need not be limited  to
                 the highest rate under the General Schedule
                 which is payable by an agency as prescribed
                 in 5 U.S.C. 3109.

             2.  When contracting for expert or consultant
                 services, which are truly independent contracts
                 (no employer-employee relationship), voucher
                 based 6n purchase order contract may be certi-
                 fied for payment; however, in future formal
                 contract procedures rhould be used.

     Thio  decision is issued pursuant to a request dated May 4,
1978,  reference 1386 (520), from William S. Downey, an authorized
certifying  officer, Bureau of Land Management, Department of the
Interior.   The request involves the certification for payment of
a voucher  representing fees charged for services rendered pursuant
to a  contract evidenced by a Standard Form 147 (Order for Supplies
or Services).

     The'certifying  officer states that the Bureau of Land
Management has  been rpproached by various individuals and firms
seeking  to provide various managemert training courses and work-
shops.   These contractors provide Lie services and materials after
being advised  by the agency of the goals and objectives to be
achieved but  develop and present the material without supervision
or  technical direction by the agency.  The fees charged by the
contractors  for the expert and consultant services often exceed
the compensation  limitation of 5 U.s.C. 3109.

     The voucher  enclosed with the request represents payment
for services  to the Charles R. Hobbs Corporation.  These services
were follow-on  consulting and additional workshops conducted in
connection with  previously given workshops on time management.


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