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  • Question

    Should a solicitation for asbestos abatement/removal be advertised as construction or service? If it is a service, then why is there a listing for Asbestos Worker in the Davis-Bacon general decisions? If it is construction, then why is it included under the services NAICS code, 562910? Would it be acceptable to advertise a service NAICS code (e.g., in FAR 52.204-8(a)(1)) within a solicitation for construction (SF-1442)?


    Answer

    FAR 2.101 defines "Construction" as "construction, alteration, or repair...of buildings, structures, or other real property." It would be a stretch to categorize the REMOVAL of a material by itself as "construction, alteration, or repair" in the customary sense of these terms, so asbestos removal can reasonably be classified as a service. Some would argue otherwise, so ultimately it’s a contracting officer decision. Davis-Bacon is applied to asbestos workers when asbestos removal is one part of a FAR Part 36 construction contract, which would require inclusion of the DBA clause at FAR 52.222-6. 

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