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    Clarification is needed to proceed. Is the Type C Services with Commissioning considered services vs. design? Therefore, would NAICS Code 541330 be used for Engineering vs. 541310 Architect? We already have and own the design and corresponding documents. How does the Brooks Act correlate with Type C Services and Commissiong if I am not seeking Design? Does this have to be set-aside? The Independent Government Estimate is above the Simplified Acquisition Threshold. We are very confused for how to move forward with this. Any help and guidance is appreciated.


    Answer

    There are several related topics in the questions. I will address them as separate issues. Some of the issues will have to be researched in your agency FAR Supplement.
     
    1) The requirement you are proposing is an A&E effort covered by the Brooks Act regardless of whether it is classified as Type A, B, or C services. Reference the definition of A&E services in FAR 2.101.
     
    2) Sources Sought and Small Business Set-aside: You are requesting interested firms submit SF330s. Each service or agency establishes individual set-aside thresholds for A&E services. In DoD, the SB set-aside threshold is $350,000, IAW DFARS 219.502-1(2). Review your FAR Supplement for similar direction.
     
    3) The NAICS code used should probably be the same as the code used for the original Type B design services. An A&E contractors with capabilities similar to the original design A&E would probably be in the best interest of the government. What NAICS code work effort was predominant in the original design effort?
     
    4) IAW VAAR 836.606-73(c)(3)(iii), the 6% statutory limit would not apply to "inspection' and other post award A&E contractor activities.
     
    Your A&E firm for Type A and B services is debarred. How confident are you with the quality of the original design effort? How confident are you with a second A&E contractor who is not the designer of record providing post award support? Will the second contractor concur with the engineering decisions of the original designer? You may want to consider these issues during the development of evaluation criteria for the second contractor!
     

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