Are the contracted employees authorized to telework using the Government provided equipment? What if they are provided equipment from the Contractor? Or is the issue of teleworking as a contracted employee considered "personal services"?
If the person working for the contractor has been provided a government laptop then I would assume that someone within your organization determined that it was necessary. If the person has the appropriate permissions to telework, including security considerations, and the contract allows it or doesn’t prohibit it, then it would seem that they could telework. The issue as to whether the work required by the contract is personal services or not, was already determined when the contract was contemplated and awarded and is not related to whether the contractor works at the government site or at another location. For more information regarding personal services, please refer to FAR 37.104 – Personal Services Contracts.
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