This text is not in eCFR or DITA. It is extracted from the .docx attachment for Class Deviation 2026-O0023, which directs contracting officers to use it in place of the codified PGI. The parsed text is a convenience layer; the .docx attachment is authoritative.
To comply with the certification requirement at DFARS 237.876, complete a certification substantially the same as the following and include a copy in the contract file:
Certification of Nonpersonal Services
This certification and enclosed worksheet are designed to ensure that the agency does not award a personal-services contract unless specifically authorized by statute (e.g., 10 U.S.C. 129b, 5 U.S.C. 3109, or 10 U.S.C. 1091). Therefore, this documentation should be completed in conjunction with the submission of a service-contract requirement to the contracting officer.
A personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor’s personnel. The Government is normally required to obtain its employees by direct hire under competitive appointment procedures required by civil service laws. Obtaining personal services by contract, rather than by direct hire, circumvents those laws unless Congress has specifically authorized acquisition of the services by contract.
An employer-employee relationship under a service contract occurs when the Government exercises relatively continuous supervision and control over contractor personnel performing the contract.
Upon considering the information above and the worksheet below, I certify that this requirement does not include an unauthorized personal services arrangement, either in the way the work statement is written or in the manner in which the resulting contract will be managed and overseen.
_______________________________
Printed Name, Grade, Title, and Date
Signature:______________________
| Personal Services The following descriptive elements should be used as a guide to assess whether a proposed contract is personal in nature (see FAR 37.201-2). If the answer to any of the items below is “YES,” then additional measures should be taken to ensure the contract is not administered so as to create an employer-employee relationship between the Government and the contractor’s personnel and result in an unauthorized personal services contract. | YES | NO | |
|---|---|---|---|
| 1. | Contractor personnel are performing on a Government site. | ||
| 2. | Principal tools and equipment are furnished by the Government. | ||
| 3. | Services are applied directly to the integral effort of the agency or an organizational subpart in furtherance of assigned function or mission. | ||
| 4. | Comparable services meeting comparable needs are performed in this agency or similar agencies using civil-service personnel. | ||
| 5. | The need for the service provided can reasonably be expected to last beyond one year. | ||
| 6. | The inherent nature of the service, or the manner in which it is to be provided, reasonably requires (directly or indirectly) Government direction or supervision of contractor employees in order to: (a) adequately protect the Government’s interest; (b) retain control of the function involved; or (c) retain full personal responsibility for the function supported in a duly authorized Federal officer or employee. |
Authoritative source
Issued as an attachment to the Office of the Secretary of Defense memorandum for Class Deviation 2026-O0023, signed July 24, 2026. Verify against the attachment before relying on this text.
- .docx attachment for Class Deviation 2026-O0023
- Class Deviation 2026-O0023 memorandum (PDF)
- Class Deviation 2026-O0023 on part52.dev
Codified PGI
No codified counterpart is tracked for PGI 237.876. This section exists only in the Class Deviation.