We have a lot of construction project here in Japan. In our experience, the most of our buildings here are old. Additionally, we know that the possibility of the Asbestos Containing Material (ACM) or Lead Base Paint (LBP) existence is high. How can we include the scope to remove the ACM or LBP in the contract if we do not know exactly how much materials needed to be removed? The contractor is required to conduct an ACM or LBP test to know whether these materials exist or not. We are trying to avoid modification if the test result came out positive.
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Breaking out this scope into its own CLIN and associated contract type is a feasible solution. The contract type of T&M would allow for flexibility, but then the Government would need sufficient surveillance to ensure proper billing and clause 52.243-3 would have to be included in the solicitation and resulting contract. The changes clause does allow for flexibility as well, but of course that would be through a change order via a SF 30 and any applicable equitable adjustment for the contractor.
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