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5 hours ago, Searching for Answers said:

I have seen a lot of discussion on equipment renting and whether it's a supply or service.  But what about space rentals.  Would renting conference room space over the course of a year to hold trainings, etc., be considered a supply or a service.  Thanks

Service.  Why?  Probably in the "X" category of Product/Service codes.

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1 hour ago, C Culham said:

Service.  Why?  Probably in the "X" category of Product/Service codes.

Right Carl.  Service and the Product/Service code is X1AB.  I ran across some files today when I helped an agency with source selection.  We rented conference space for the evaluation teams and the FPDS screen input was in the file.

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This is an age-old question, and I think whether you need to treat a space rental, or an equipment rental, or a software license, etc. a supply or a service depends on the particular aspect of the acquisition you are trying to answer the question for, and you may need to treat it as both at different times for different purposes during the same acquisition.

Clearly, all of those things fall into "service" Produce & Service Codes for FPDS reporting, but they don't fall within the FAR Subpart 37 definition of a service contract (or the much better service definitions explored at length in these forums), so it may not be a good idea to treat them as services for the purposes of various aspects of the acquisition process, like acquisition strategies, CLIN structures, or clause selection (and honestly maybe it doesn't matter much for space rentals, but applying service logic in all aspects of an acquisition of software licenses simply because they have service PSCs is potentially messier).

So maybe it is better to ask a set of questions throughout the process and then apply whatever answer makes the most sense (i.e. creates the best contract and best meets the intent of the specific rule, regulation, process, or use) differently for each aspect:

Do I need to treat it as a supply or service for acquisition planning (including commerciality determination)?

How about for requirement description/CLIN structure/invoicing?

How about for clause selection?

How about for FPDS-NG reporting (and does the PSC match with the Cbject Class Code or similar in your funding)?

How about for quality assurance?

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16 minutes ago, RJ_Walther said:

This is an age-old question, and I think whether you need to treat a space rental, or an equipment rental, or a software license, etc. a supply or a service depends on the particular aspect of the acquisition you are trying to answer the question for, and you may need to treat it as both at different times for different purposes during the same acquisition.

Clearly, all of those things fall into "service" Produce & Service Codes for FPDS reporting, but they don't fall within the FAR Subpart 37 definition of a service contract (or the much better service definitions explored at length in these forums), so it may not be a good idea to treat them as services for the purposes of various aspects of the acquisition process, like acquisition strategies, CLIN structures, or clause selection (and honestly maybe it doesn't matter much for space rentals, but applying service logic in all aspects of an acquisition of software licenses simply because they have service PSCs is potentially messier).

So maybe it is better to ask a set of questions throughout the process and then apply whatever answer makes the most sense (i.e. creates the best contract and best meets the intent of the specific rule, regulation, process, or use) differently for each aspect:

Do I need to treat it as a supply or service for acquisition planning (including commerciality determination)?

How about for requirement description/CLIN structure/invoicing?

How about for clause selection?

How about for FPDS-NG reporting (and does the PSC match with the Cbject Class Code or similar in your funding)?

How about for quality assurance?

We work by product lines so part of the question is to determine which product line gets which requirement.  Too many requirements can easily cross over to a different product line depending on how you answer the questions put out RJ, and I certainly wouldn't go by funding because traditionally, anything the customer can get away with calling equipment and push through "supposedly" easier supply procurement processes, they will fund it with equipment dollars until you call them out on it.  So how much stock do you put into PSCs to ensure the right team that will use the right procurement processes will get the action.  If in this case, the PSC starts with an X, that would be leasing which is a subset of services.  If it's an action that requires following the GSAM, then wouldn't you want the leasing experts to take it over the supply experts?  So any comments on how much weight you give to the PCS in deciding the procurement category and thus any necessary processes to follow?

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43 minutes ago, Searching for Answers said:

We work by product lines so part of the question is to determine which product line gets which requirement.  [...]  So how much stock do you put into PSCs to ensure the right team that will use the right procurement processes will get the action.

So it seems like the question for your situation would be: Do I need to treat it as a supply or service for determining which product line gets the requirement?

If the product line best positioned to meet the requirement is the service line, because they also do leases, then it sounds like you should treat it as a service.

I don't put much stock in PSCs alone in making the decision, because depending on where the product lines are drawn I would rather, for example, a hypothetical software product line handle both the DA10 (non-perpetual licenses) and the 7A21 (perpetual licenses) requirements than send one to a service line and the other to a supply line. But in your specific case I agree that a conference room rental seems to have more in common with other services (e.g. payment in arrears, scheduling of "periods of performance", cancellation charges/lead time, off the top of my head) than it does a supply, so maybe the service PSC can be the "reason" you need to send it that direction.

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