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  • Question

    Would this be considered a Service ( if so I could not find a SCA exemption), or would this be commodity therefore the GPC can be used since it is under the MPT. Thank you.


    Answer

    The FAR definitions of service or supply do not provide clarity in every situation.  Are you buying the "right" to use the land or are they providing you legal access to the land from an intangible "service" perspective? 
     
    But it is easier to acknowledge that the principal purpose of your requirement is not for your organization to receive services through the use of service employees as stipulated in FAR 22.1003-1.  Regardless of how you categorize it, you would not be subject to SCLS (see micro-purchase definition below).  Therefore, the $3,500 micro-purchase threshold is appropriate. 
     
    FAR 2.101
    Micro-purchase threshold” means $3,500, except it means—
     
    (1) For acquisitions of construction subject to 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction), $2,000;
     
    (2) For acquisitions of services subject to 41 U.S.C. chapter 67, Service Contract Labor Standards, $2,500; and
     
    (3) For acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical or radiological attack as described in 13.201(g) (1), except for construction subject to 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction) (41 U.S.C. 1903)--

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