Hello and thank you for joining us for Episode 20 of Fun with the FAR Season 11!

Our next episode will cover FAR Part 36 (Construction and Architect-Engineer Contracts), Part 37 (Service Contracting), Part 41 (Acquisition of Utility Services), and Part 48 (Value Engineering)! As we prepare for our 21st episode of Season 11, here are a few Episode 21 FAR Facts for us to think about:

  • Solicitations for construction contracts are required to contain the Government’s estimated price range for the project. FAR 36.204.
  • Contracting officers are required to procure architect-engineer services under FAR Part 15 negotiation procedures. FAR 36.214.
  • An architect/engineering firm may be liable for Government costs resulting from errors or deficiencies in designs furnished under that firm’s contract with the Government. FAR 36.608.
  • Performance-based acquisition is the preferred method for acquiring services. FAR 37.102.
  • “Personal services” refers to the creation of an employer-employee relationship under a service contract where contractor personnel are subject to the relatively continuous supervision and control of a Government officer or employee. Such an employee is not eligible for federal benefits, so contracting officers must be careful not to manage them in the same way as a government employee. Agencies shall not award these contracts unless specifically authorized by statute. FAR 37.104.
  • The GSA has the authority to execute area-wide utility contracts that can be used by other Federal agencies. FAR 41.204.
  • Value engineering incentive payments do not constitute profit or fee within the limitations set forth in FAR 15.404-4(c)(4)(i). FAR 48.102(e).
  • The decision to accept or reject a Value Engineering Change Proposal (VECP) is made solely at the discretion of the Government. FAR 48.103(c).