Can a SF1449 be used for a construction project if it was under $150K and procured using FAR 13 procedures?
A SF 1449 "may" be used for solicitation and award of a construction project below the simplified acquisition threshold (SAT). Even though FAR 13.307(b) and FAR 36.701(a) provide the authority for the use of other than SF 1442 for construction, you must start any discussion of construction with FAR Part 36. In addition, you should consider the following FAR references:
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FAR 2.101 - Commercial item" means -- Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and-- FAR 2.101 - Construction" means construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property.
36.101 -- Applicability.
(b) When a requirement in this part is inconsistent with a requirement in another part of this regulation, this Part 36 shall take precedence if the acquisition of construction or architect-engineer services is involved.
Subpart 36.5 -- Contract Clauses 36.500 -- Scope of Subpart. This subpart prescribes clauses for insertion in solicitations and contracts for (a) construction and
36.701 -- Standard and Optional Forms for Use in Contracting for Construction or Dismantling, Demolition, or Removal of Improvements. (a) Standard Form 1442, Solicitation, Offer, and Award (Construction, Alteration, or Repair), shall be used to solicit and submit offers, and award construction or dismantling, demolition, or removal of improvements
contracts expected to exceed the simplified acquisition thresholds, and may be used for contracts at or below the simplified acquisition threshold. In all sealed bid solicitations, or when the Government otherwise requires a noncancellable offer acceptance period, the contracting officer shall insert in the blank provided in Block 13D the number of calendar days that the offer must be available for acceptance after the date offers are due.
Even though you may have the authority to use other than a SF 1442 for construction under the SAT, why would you want to? I believe there are more reasons to use a SF 1442 rather than a SF 1449.
1) Consistency! Construction requirements over the SAT must use a SF 1442. Why confuse construction contractors with a SF 1449 below the SAT?
2) FAR 36.103(a) states " The contracting officers shall use sealed bid procedures for a construction contract if the conditions in 6.401(a) apply"...How easily will a SF 1449 adapt for sealed bidding?
3) A construction requirement can never be a commercial acquisition, regardless of dollar value. "Real property" includes constriction.
4) A SF 1449 is more closely associated with FAR Part 12 as indicated by the reference to the SF 1449 in FAR clauses 52.212-4 and 52.212-1. Part 12 clauses cannot be used in construction acquisitions!
5) The magnitude statement required for construction IAW FAR 36.204 does not easily fit into solicitation issued under simplified acquisition procedures (SAP). For example the ranges on the magnitude are: < $25,000, $25,000 to $100,000, $100,000 to $250,000...
6) Will your contract writing system easily allow the inclusion of the all the clauses required for a construction acquisition? See FAR Subpart 36.5.
7) FAR Part 13 procedures and the use of a SF 1449 for noncommercial requirements is primarily for obtaining nonbinding quotes from contractors and award of nonbinding purchase orders. Is a construction project, even though low dollar value, low enough risk to award a nonbinding purchase order.
8) If the quote/offers received exceed the SAT, than award cannot be made. In addition, a SF 1449 cannot be modified to increase the dollar value about the simplified acquisition threshold so if changes are required in the construction effort, the total of all requirements cannot exceed the SAT!
The contracting has the latitude to use other than a SF 1442 for acquisitions below the SAT.