Season 10: Episode 21 “FAR Facts”

Hello and thank you for joining us for Episode 21 of Fun with the FAR Season 10! Our next session will cover: FAR Parts 36, 37, 41 and 48. FAR Part 36 covers Construction and Architect-Engineer Contracts, FAR Part 37 covers Service Contracting, FAR Part 41 will cover Acquisition of Utility Services and FAR Part 48 covers Value Engineering. As we prepare for our 21st episode of Season 10, 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.
  • Contracts for the construction of a project shall not be awarded to the firm that designed the project, or to that firm’s subsidiaries or affiliates, without the approval of the agency head or their authorized representative. FAR 36.209.
  • “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.
  • Unless an acquisition is at or below the simplified acquisition threshold, agencies shall acquire utility services by a bilateral written contract. FAR 41.201(b).
  • The GSA has the authority to execute area-wide utility contracts that can be used by other Federal agencies. FAR 41.204.
  • 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).
  • The VECP sharing rate between the contractor and Government for acquisition savings of a “non-incentive” type cost reimbursement contract is 75/25. FAR 48.104-2.

We look forward to you joining us for our Episode 21 FAR Facts, Included here is the link to our Fun with the FAR program:

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