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  • Question

    Is there any regulation prohibiting including purchase/installation of a commercial item, in this case the modular system furniture walls, as part of a construction contract (1442) to alter the real property pieces?


    Answer

    Commercial item acquisition can co-exist with construction. In your case, the modular walls (commercial items) will be added to divide the existing open space without altering the building structure itself. This does not seem to meet the FAR definition for "construction." The work needed to accommodate the new office configuration may qualify as construction. Two categories of acquisition (commercial and construction) can apply to the same overall Government requirement.

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