FAR 37.112—Government use of private sector temporaries.
Plain-English Summary
FAR 37.112 addresses when and how the Government may buy temporary help services from private-sector temporary help firms. It covers the limited purpose for which these services may be used—brief or intermittent needs for specific skills—the legal status of those services as not being personal services, and the key prohibitions against using them to bypass normal civil service recruitment or to replace a Federal employee. It also ties the acquisition to the requirements in 5 CFR Part 300, Subpart E, which sets the authority, criteria, and conditions for using private-sector temporaries, as well as any applicable agency procedures. In practice, this section is meant to give agencies flexibility for short-term staffing gaps while protecting the civil service system and preventing contractors from being used as a substitute for hiring or for inherently governmental workforce decisions.
Key Rules
Limited temporary use only
Contracting officers may use temporary help service firms only for brief or intermittent needs. The authority is narrow and is intended for short-term support, not ongoing staffing of permanent work.
Not personal services
Services furnished by temporary help firms are not to be treated as personal services. This means the arrangement must remain a contractor relationship and cannot create the kind of direct supervision and control associated with a personal services contract.
No substitute for hiring
Temporary help services may not be used in lieu of regular recruitment under civil service laws. Agencies cannot use private-sector temporaries to avoid normal Federal hiring processes or staffing rules.
No displacement of Federal employees
These services cannot be used to replace or displace a Federal employee. The work must not be used to eliminate, sideline, or backfill positions that should be performed by Government personnel.
Must follow 5 CFR Part 300
Acquisition of private-sector temporaries must comply with the authority, criteria, and conditions in 5 CFR Part 300, Subpart E. That regulation, along with agency procedures, controls when the service is permissible and how it must be managed.
Responsibilities
Contracting Officer
Determine whether the requirement is truly brief or intermittent, ensure the contemplated use is not personal services, and verify that the acquisition complies with 5 CFR Part 300, Subpart E and agency procedures. The contracting officer must also guard against using the service to bypass civil service hiring or to displace Federal employees.
Agency
Establish and follow internal procedures governing the use of private-sector temporaries, ensure the requirement is authorized under applicable personnel and acquisition rules, and monitor use so it does not substitute for regular recruitment or Federal staffing.
Program/Requirement Office
Define the need accurately, confirm that the work is temporary and limited in duration or frequency, and avoid structuring the requirement as a stand-in for a permanent Government position or ongoing workload.
Temporary Help Service Firm
Provide temporary workers under the terms of the contract for the approved brief or intermittent need, without creating an arrangement that functions as a personal services relationship with the Government.
Federal Workforce/Management Officials
Ensure the use of temporaries does not displace Federal employees and does not undermine civil service recruitment or workforce management decisions.
Practical Implications
This section is a narrow staffing tool, not a general labor source. If the need looks recurring, full-time, or mission-essential over time, it likely belongs in the Federal workforce or another contract vehicle, not a temporary help arrangement.
The biggest compliance risk is using temporaries to avoid hiring rules or to cover a position that should be filled by a Federal employee. That can create both acquisition and personnel-law problems.
Contracting officers should document why the need is brief or intermittent and how the arrangement complies with 5 CFR Part 300, Subpart E. Clear documentation helps defend the decision if questioned later.
Agencies should watch the line between contractor support and personal services. If the Government is effectively supervising the individual like an employee, the arrangement may be improper even if the firm is a contractor.
Coordination between acquisition, HR, and program offices is important. Temporary help use often implicates both procurement and civil service rules, so a requirement should not move forward without checking both sets of requirements.
Official Regulatory Text
Contracting officers may enter into contracts with temporary help service firms for the brief or intermittent use of the skills of private sector temporaries. Services furnished by temporary help firms shall not be regarded or treated as personal services. These services shall not be used in lieu of regular recruitment under civil service laws or to displace a Federal employee. Acquisition of these services shall comply with the authority, criteria, and conditions of 5 CFR Part 300 , SubpartE, Use of Private Sector Temporaries, and agency procedures.