Jamaal Valentine

Joel: I'm new to construction and looking for any piece of literature related to the subject. Looking for ideas and information and you have provided some. I want to turn my organization around. Our processes seem antiquated including the submittal process. Right now I'm arguing why our IDIQs with options are not only silly but improper. Thanks for updating the thread and putting it on my radar.

Thank you very much. I do work for the Government, and I have not attended the FAR Bootcamp. I am very appreciative...I am sure my co-workers are too because now they don't have to deal with my constant campaigning to go.

Got it. I read, for understanding, every reference each poster provided so you weren't casting your pearls before swine. I learned a lot. Attempt at contracting humor: The canons of construction deemed construction is not a service.

C Culham: Just when I thought everything was hashed out pretty well you lured me in with the golden ticket (definition of service(s)). Can you provide the reference to the FAR definition of a service (not service contract) or were you stating that the definition is implied by the FAR principles you mentioned? I am aware of FAR 2.101 - "Aquisition", which states services include construction. For those in the Air Force AFI 63-138, Aquisition of Services para 1.2.1.4 and 1.2.1.8 don't help either. It basically says construction is a service but don't apply these rules unless...

Vern, Thank you for your kind words, it truly means a lot to have you say that. I have re-read the cited Red Book passages and I was confident in my understanding until page 5-28 (583) and the window cleaning service scenario. If I get 10 buildings painted I have half of my project completed which is of some value, which lends credence to severable. Personally, I was of the opinion that yes construction is a service, and it is service entire so 10 USC 2410a does not apply and the Defense Departments have to follow the bona fide fiscal rules laid out in DoD Financial Management Reg 7000.14-R Vol 11a para 020510, which basically state performance has to start within 90 days - in other words if you write a contract Sep 30th performance usually should start before the calendar year ends. Unless I have clearly missed the mark, I am settling under the auspices that the describe painting project is an entire "nonseverable" construction service. Thank you all for your patience and contributions. I will continue to monitor in case you have any additional recommended reading.

Maybe I can simplify the question so that it is in harmony with the original posting header. 1) Can anyone demonstrate if construction is considered a service? 2) If it is a service would/could 10 USC 2410a apply? NOTE: Being new here I started by reading the Terms of Use of the site and Bob has some sage advice in stating that the purpose of this site is at least in part for the edification of the community at large and posters should post citations to laws, regulations, and decisions to help facilitate learning. This will help separate the chaff from the wheat. Joel, Thanks. I am familiar with those references as well as the Prevailing Wage Resource Book itself. I think I poorly explained what information I was seeking. I really wanted to find out if the project as I defined it (construction) is also considered a service for purposes of apply a statutory exception such as 10 USC 2410a. Simply suggesting that the described painting project is not a severable service has closed the deal for me and I want more information as to "why". I am limiting inserting my own suppositions because I don't want to derail the question at hand and start talking about any specifics while neglecting the original question. I would like to resolve one issue before moving on to the next when possible (e.g. types of services, but still 100% service - A&E, R&D, Advisory and Assistance, Utilities, Sustenance/Food Service, Construction, etc.). A quadrilateral can be one or more of a few things, but those things, square, rectangle, trapezoid are still quadrilaterals and don't have to be mutual exclusive. I am wondering is construction is a service in a similar thought process. If it is a service I assume it could be entire (non-severable) or severable. If it is severable 10 USC 2410a could apply.

Vern, First, thank you for taking the time. Not trying to be dense, but what is it in the term "project" that makes it "Game over."? What if I called it a painting service, would that change anything? I will do the leg work and research it if you can help guide the discussion. Perhaps, because I failed by not mentioning that this is painting of real property, using fiscal year funds, specifically for repair work as defined in DFARS 222.402-70(d)(1). More, importantly I would like to know how and where I can determine that a painting project is not a severable service. I get that severable service is a fiscal law issue and I have read some relevant informational/regulatory guides but can't find one that addressed construction explicitly or otherwise. They use the term services and I haven't found anything that precludes construction from being a service and in fact I have found plenty that suggests construction is a service. Additionally, I can only find bona fide case law on materials (supplies) and services. In my experience, services come in two flavors 1) entire (non-severable), and 2) severable One of my original questions still stands - does 10 USC 2410a apply to construction? If not, why not? NOTE: DFARS 222.402-70 further discusses the fact that some contract work can be characterized as construction as a service.

This is my first post so bear with me. It appears that the councils suggest that the Government only contracts for either supplies or services (see FAR 2.101 definition of Acquisition). I can't readily think of anything that doesn't fall neatly into one of those categories but that's a separate discussion. Clearly, FAR 2.101 appears to define construction as a service. With that as my foundation - here is the "so what?": I don't have an issue with clause selections as stated but seemingly unsupported by some. What I do feel is a reasonable workforce concern or at least topic of discussion/training is determining things like statutory applications such as 10 USC 2410a. Does the statutory exemption apply to construction? The example project I will provide is a painting project to paint...let's say, 20 facilities starting in Sep and ending 300 days or so later. I have more issues but will leave it at this for now and check on the responses. Thanks in advance!