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Who is responsible for ensuring statutory limitations on construction are not breached


Anthony

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For minor military construction using O&M funds the statutory limiation for new work is $750,000. Public Works has worked with legal to get a determination that a specific project can be split into two because the estimate is over that. The projects are to construct office space and to construct class rooms. The construction is being completed by repurposing an excisting facility and the facility classification code is changing as a result. The work is all being performed in the same building but like I said legal is working on a determation that these are seperate projects. My concern is if the wrong determination is made this may be an ADA violation and as a Contracting Officer I could be held liable. This is muddy water that I haven't delete with before. As a KO I could refuse to sign but I am unsure on the regulation and more importantly am unsure if I am the correct person to be interpreting it and making the final determination as this is a finacial reg. Any helpfull pointers would be appreciated. Thanks

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Anthony, the title of your thread is "Who is responsible for ensuring statutory limitations on construction are not breached".

if this is an Army installation, you may find your answer in AR 420-1. See Chapter 2 Management of Public Works Activities for authorities and responsibilities. I believe that the Installation Management Command (IMCOM) is responsible for oversight of these type projects. See also Section III, Operation and Maintenance Project Approval and Execution under that Chapter. You may be particularly interested in reading 2-12 and 2-14 through 2-18.

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Who is the Comptroller that has cognizance over the funds? I'd start with them. In the beginning, they have to certify that the funds are available for obligation for the purpose stated. At the very least, have the Comptroller sign off on a Memorandum for the Record with that certification on it. If the Comptroller is willing to take the fall based on the Legal read, you hands should be clean. You can, of course, go over their heads. I'm not sure where you fit into the mix so I don't know the chain you would use. If the funding belongs to your command that is one thing. If it belongs to Public Works and the Legal you are speaking about is the Legal for Public Works and you are the Contracting for Public Works, the answer changes. More info would help.

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