Describe why the services are nonpersonal services contract employees are not

Describe why the services are nonpersonal services

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Describe why the services are nonpersonal services (contract employees are not supervised by government employees, are responsible for producing a product or result unrelated to how it is produced, and do not have an employer-employee relationship with the Army). The Federal Acquisition Regulation (FAR), Part 37, provides additional information. Describe why the services do not involve inherently governmental functions, such as supervising Soldiers, making policy decisions, or gathering intelligence. FAR, Part 7.5, provides additional information. Does the total cost include an estimated amount for increased costs when contract employees do not qualify as technical experts under the status-of-forces agreement (SOFA), or is there a clause in the contract shifting this burden to the contractor? Construction and Real-Property Maintenance and Repair When will funds be obligated? When will actual performance begin and end? If the cost is more than $650,000, has a reasonable estimate (10% or more) been included for unexpected contingencies? If the total cost of the project exceeds $750,000 (MILCON threshold): What is the project? Are structures permanent, one project, or many relocatable and reusable structures arguably defined as separate projects? What portion of the project (if any) qualifies as construction? Construction includes building a new TACFAC, upgrades to improve the use of an existing facility, relocation of an existing facility, and conversion of a facility to different use. Local engineer or public works should be able to explain and provide an independent estimate. Is the project necessary to protect the life, health, or safety of multinational forces? If yes, then up to $1.5 million of O&M funds can be spent. What portion of the project (if any) qualifies as repair and/or maintenance? Maintenance is the preservation of an existing structure for day-to-day use. Repair is the restoration of an existing structure and the correcting of deficiencies. Separate the repair costs and the maintenance costs. The local engineer or public works should have the data. If the project is classed as repair or maintenance, the threshold for use of O&M money is up to $3 million. If the project exceeds O&M thresholds; is vital to national security or the life, health, or safety of troops; and deferral to the next consideration by Congress of MILCON projects would be inconsistent with either national security or life, health, and safety, then the Secretary of the Army may use nonobligated MILCON money after giving notice to Congress and then waiting 15 days. Figure 6-1. Fiscal questionnaire (continued)
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Chapter 6 6-8 FM 3-05.230 8 February 2009 Identifying and Interpreting Fiscal Regulations It should come as no surprise that SF TACFAC preparation (including relocatable buildings, sprung structures, tents, portable generators, and site preparation) were constant sources of fiscal scrutiny during OIF. Every Army engineer and SJA knows which regulations govern MILCON. However, the Assistant Chief of Staff for
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  • Spring '19
  • John Foe
  • United States Army, Special Activities Division, Special forces, John F. Kennedy Special Warfare Center and School, Special Forces Tactical Facility

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