Traditional Guardsman as Contractor?

[alexp]

Hello! I received the below question and do not know where to begin:

"Do you know if we are able to issue a contract to a member assigned as a Traditional Guardsman (1 weekend a month/two weeks a year activated) when they are not activated and not on orders, for providing a service as an independent contractor?  The CC would like to use a Guard Band member to be our producer however we can’t get the man days.  We considered putting him on ITOs and giving him a payment for his service however that is prohibited by AFI 64-117  8.12.  The question then came up, if we could give him a contract vs use GPC."

Where can I find guidance on this? 

[ji20874]

Ask your attorney.

[Jamaal Valentine]

Read FAR Subpart 3.6 and direct any questions to your agency ethics official or legal.

[Vern Edwards]

By "Traditional Guardsman" do you mean a member of the National Guard?

[C Culham]

No disagreement with asking  legal or ethics.   I do believe FAR 3.6 is applicable as noted.  Just want to add a little more to the thoughts to help in your discussions with legal/ethics.

Interesting that missing from a read of 3.6 is the definition of "government employee".     FAR 3.104-1 provides a definition for Procurement Integrity through reference to 5 USC 2105 where notably National Guard is missing in the reference.  A read of the referenced 18 USC 202 found in  3.601  for "special government employee" does include "officer of the National Guard".   National Guard operates under both state and Federal authority.  States activate the Guard for state of local emergencies, the President for Federal missions.

 All a conundrum that legal/ethics can help with noting what the need is and the rank of the individual in the National Guard may be important to a final response when you pose the question to legal or ethics.