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B-193035 1 (1979-04-12)

handle is hein.gao/gaobadhdc0001 and id is 1 raw text is: T. T COMPTROLLER GENERAL DECISII\ : OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-193035 DATE: April 12, 1979 MATTER OF: Consultant Services - T. C. Associates DIGEST:. Under the holding in Lodge 1858, AFGE v. Webb, 580 F. 2d 496 (D. C. Cir. 1978), the 'Pellerzi Standards are applicable in determining whether contract services are improperly furnished on a basis tantamount to an employer-employee relation- ship as between the Government and contractor personnel. However, the critical issue is whether the Government actually exercises relatively con- tinuous close supervision of the manner and per- formance of the details of the jobs of the individual contractor employees. 2. In determining whether the Government rather than the contractor exercises relatively continuous close supervision of contractor personnel, the fact that an engineer may require less supervision and may exercise more independence of judgment than a food service worker is not itself determinative. If the Government takes over that degree of super- vision that the contractor would otherwise perform with respect to either, the relationship created as between the Government and either individual is tantamount to that of employer and employee. 3. Where a contractor furnishes services under circumstances that evidence the elements of the Pellerzi Standards, a presumption is raised that the services were not performed on an independent contract basis but that the relationship between the Government and contractor personnel was tanta- mount to that of employer and employee. Where it is shown.that actual supervision of contractor per- sonnel was performed by the contractor rather than Government personnel that presumption is not con- trolling and the contract is a proper procurement of services.

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