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Maquoketa
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Thank you everyone for your feedback!
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It is an environment service contract for a firm to go out and monitor and survey an endangered species for two years. The funding being used is four-year appropriations. We want to set a period of performance for two years (no options) and fund the whole project at award. I am being told that it is a multi-year contract and must be approved by the HCA.
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Don, what did I miss? Please explain.
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Project will take three years to perform.
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The agency I work for is Not Funded with 1-year appropriations like most federal agencies. Most of our funds are no year or 4/5 year funds. There has been great debate about if FAR Part 17 applies because it appears the intent of Part 17 was written for agencies with 1-year appropriations, and this is not the situation with my agency. I want to do FFP contract with a 3-year period of performance and fund it completely at time of award. The cancellation requirements and determinations appear not applicable to this contract due to our funding. Is this a multiyear contract as defined in Part 17 or something else?
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I issued a task order OF 347 and the period of performance doesn't start for another two months. We realized that there was a problem and need to pull back the task order. Can I issue a SF30 modification withdrawing the task order, or cancelling it? Or do I need to do a termination for convenience?
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A federal employee will be operating the equipment. The rental services contractor will at most be delivering the equipment and potentially coming back out to fix any breakdowns, or exchanging equipment. Can you explain further your thoughts?
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It is appears the FAR and DOL guidance is silent on this topic of rental equipment without an operator.
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Walsh Healy doesn't apply since the contract is under $15,000.
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They contend that it isn't a supply since we are not taking possession of the backhoe.
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I want to rent a backhoe to do some ground work on federal property with the Government purchase card (GPC). The backhoe will be operated by a federal employee. The rental costs will be $7000. The GPC coordinator said that it is a service and that I can't use GPC since it is over $2500. I contend that it is exempted from SCA since the federal employee will be operating it and I can use the GPC to pay for it. I have been unsuccessful in finding any SCA guides to support my position. The closest, I found was a vending machine rental is exempted from SCA. Any guidance or references would be appreciated.
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My agency wants to do a professional services IDIQ for CERCLA environmental services. They anticipate that there may need to be some civil engineering design work needed at times as part of the remediation. They said that they don't need licensed professionals to do the work. In reading the A/E definition in the Government Contracts Reference Book, I could lean A/E. The client is insisting that they are not A/E services under the Brooks Act. I am not sold. ARCHITECT-ENGINEER (A-E) SERVICES Official- (I) Professional services of an architectural or engineering nature, as defined by State law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide those services; (2) Professional services of an architectural or engineering nature that are associated with research, planning, development, design, construction, alteration, or repair of real property; and (3) Those other professional services of an architectural or engineering nature, or incidental services, that members of the architectural or engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services. Source: FAR 2.10 l. If these services are acquired under a separate contract, the procedures set forth in the BROOKS ACT (ARCHITECT-ENGINEER PROCUREMENT) must be followed. See FAR Subpart 36.6. However, such services can also be acquired as part of a DESIGN-BUILD contract. DFARS Subpart 236.6 provides guidance for procuring A-E services in military CONSTRUCTION. See Ness & Medill-Jones, A-E Government Contracts, CoNSTR. BRIEFINGS No. 88-11 (Oct. 1988). See also ARCHITECT-ENGINEER CONTRACT. Two questions: Is it A/E or SCA Professional Services? In the above definition under (I); can anyone clarify as “defined by State law, if applicable” what this means. It was always my understanding that the state doesn’t have any jurisdiction over federal projects conducted on federal lands. Thoughts? By the way, the project is located in California.
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The requests of my customers never get old. I had two construction task order projects that came in below the Engineer's Estimate and funding available for the project. They are looking for a way to keep the excess money on the contract. I have included their email request for your viewing pleasure. How would you respond? Engineer's email: We’ve had a few chats about the extra funds on the IDIQ task orders. Assuming the evaluation panel’s recommended contractors are awarded the task orders, than some of the task orders had higher dollar amount allocated in the requisition than the bids that came in. With regards to the extra funding for those projects, I was instructed that we need the full requisition amounts to stay with those task orders as of now, rather than releasing the extra funds.
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