Facilities Support Contracts

Facilities support contracts, as defined in the Defense Federal Acquisition Regulations Supplement (DFARS), call directly for a contractor's time and effort instead of a specific product. There are three agencies providing facility support contracts to the Navy. The agencies are GSA, NAVSUP, and NAVFAC. NAVFAC is the principal agency for providing facility support. The Contracting Manual, NAVFAC P-68, provides a detailed discussion of facilities support contracts and contract procedures.

NAVSUP Contracts

The Naval Supply Systems Command (NAVSUP) is the Navy's principal agent for procurement of supplies. Services obtained under NAVSUP's contracting authority normally support the command's mission.

NAVFAC Contracts

NAVFAC is the Navy's principal agent for the procurement of services that support public works and public utilities functions. Classification of NAVFAC facility support contracts is in one of three ways.

The Davis-Bacon Act defines facility support construction contracts (FSCC). The Davis-Bacon Act also specifies regulations and wage requirements for this type of construction when the cost exceeds ,000. Construction for facility support is defined as "construction, alterations, and/or repair, including painting and decorating of public buildings or public works." The Department of Labor is responsible for enforcement of the Act. Therefore, the Navy Department does not have final authority to decide whether a contract involves construction as defined by the Act. You would write FSCCs in the Construction Specification format (CSI). This format should be familiar, as it is the format used to write specifications for projects. It contains the same 16 divisions plus one additional division. That is Division O, called "Bidding and Contract Requirements." The contract will include the Standard Construction Contract Clauses prescribed by NAVFAC. It also will include all the items listed in the P-68, subpart 14.2, "Solicitation of Bids." Some of those requirements are bond forms, instructions to bidders, labor provisions, wage rates, certifications required, and any special material important to the contract, such as soils studies. Some examples of construction contracts are as follows:

Exterior and interior painting of buildings

Resealing of joints in concrete pavement

Dredging to a specific depth

Seal coating asphaltic pavement

Facility support service contracts (FSS) call for a contractor's time and effort and provide a service instead of a product. The provisions of the Service Act of 1965, as amended, apply to these contracts. Contracts exceeding ,500 include provisions of the Service Act of 1965. When the Service Contract Act exclusively governs the wage rate, this requires the use of the uniform contract format (UCF) to write the contract. The FAR of subparts 14.2 and 15.4 contain the UCF. The UCF consists of four parts and 13 sections as listed below. The names of some sections might differ. The depends on whether the solicitation of the contract is by sealed bid or competitive negotiation.

PART I - THE SCHEDULE

Section A Solicitation/Contract Form

Section B Supplies or Services and Prices/Costs

Section C Description/Specifications/Work Statement

Section D Packing and Marking

Section E Inspection and Acceptance

Section F Deliveries and Performance

Section G Contract Administration

Section H Data Special Contract Requirements

PART II - CONTRACT CLAUSES

Section I Contract Clauses

PART III- LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Section J List of Documents, Exhibits, and Other Attachments

PART IV - REPRESENTATIONS AND INSTRUCTIONS

Section K Representatives, Certificates, and Other Statements of Bidders

Section L Instructions, Conditions, and Notices to the Bidders