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  • Question

    As the current solicitation is going through the review process the question that is coming up is whether these law enforcement courses being provided constitute a service or a supply. I In addition to providing the portal for these courses the contractor will also be responsible for the folloeing functions 1)accepting applications for registration requiring specific information to be supplied, determing the individual applicants eleigibilty by determing wheter the applicant meetsthe definition of rural through various processes provided by FLETC 2) verification of individual officers employment 3)courses provided must involve some level of interacttivity for the participants. 4) Customer service support for the officers enrolled in the program 5) Maintenace of student records 6)Reports submitted to FLETC each month detailing specifics of the subscriptions issued 7) Advertisement of available nocost subscrriptions to eligible departments One example of this effort is trhoug the establishment of a web page.


    Answer

    FAR 37.101 defines a service contract as one that "directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply." From the description provided in the Question Background, the Government will be receiving access to training, and the contractor will be performing various functions (accepting applications, verifying employment, etc.) A rule of thumb— If you can touch and hold what you are buying, it's an item of supply. If not, then it's a service.

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