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Greetings all

I have a issue I am trying to reslove with my program office and i need to know where i can find regulations that addresses this situation. The issue is we awarded a facilities contract in a remote location overseas and the PO wants a Goverment employee to get support from the vendor which includes a vehicle to use to and from work, office space, and computers. I know this sounds crazy but the PO is adamant that this is possible because they did something similar in Iraqi years before. I need something in writing from the FAR or any regulation i can quote so I can provide them a definitive answer. Thanks in advance for your help. 

 

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You want a contractor to provide transportation services as well as floor space, office furnishings, and computer access to support a Government employee in a remote location overseas.  I don't see a problem.

I don't think you will find anything in the FAR to prohibit this approach, and I don't think you will find anything specifically allowing it, either.  Similarly, in the FAR you cannot find anything specifically allowing an agency to contract for grounds maintenance services or the purchase of staplers -- but we understand that we can contract for those if there is a valid need.  If your agency has a valid need for transportation services as well as floor space, office furnishings, and computer access to support a Government employee in a remote location overseas, you can contract for it.  See FAR 1.102( d ) and 1.102-4( e ).

The services you need might go beyond the scope of the existing facilities contract -- if so, you can buy those services by modification to the existing contract with an approved J&A/JEFO/LSJ/SSJ -- or, you can buy those services by a new contract.

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Wow it just seems a bit unethical being that in the U.S. only GSA can provide office space to Government emloyees. I actually seen government employees get removed from a contractor facility who was providing office space and CO had to answer to the IG. I'm not sure if the same applies overseas are not. I guess we would have to make sure we identify the type of vehicle and office equipment to the vendor before they purchase it because i can see where this could possibly get out of hand. This whole thing came about because the embassy does not have enough office space to support this individual or they would be working out of there instead.

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Guest Vern Edwards
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Wow it just seems a bit unethical being that in the U.S. only GSA can provide office space to Government emloyees.

That's nonsense. There are plenty of government personnel with offices in contractor facilities in the U.S. Ever heard of "in-plant representatives"? It's been done for decades and there's nothing unethical about it. Read FAR 52.246-2. It requires that the contractor provide facilities for government inspectors.

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duke38,

You're wholly out of bounds on the contracting issue, and there is nothing in your original posting to suggest any ethical issues.  Every agency has procedures to contract for needed supplies and services.  If an agency has a valid need for a contractor to provide transportation services as well as floor space, office furnishings, and computer access to support a Government employee in a remote location overseas, then those services can be provided by contract.

If you don't want to do the contract, you could tell the ambassador to subdivide his office to make space for your agency employee.  That way, the employee can fit in the embassy and there won't be any contracting need.  But as you said, there is no room in the embassy.  You shouldn't raise concerns about ethics unless there are real concerns about ethics -- that is intellectually dishonest.

So, I'll say it again:  The services you need might go beyond the scope of the existing facilities contract -- if so, you can buy those services by modification to the existing contract with an approved J&A/JEFO/LSJ/SSJ -- or, you can buy those services by a new contract.  You will want to comply with your agency regulations in your contracting effort.  Your agency attorneys can advise you about your agency regulations.

 

 

 

 

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