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    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.


    Answer

    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. 

    You can ask this question and others about Contracting in DAU's weekly virtual series called CONnect Live held each Thursday at 11:30 a.m. Eastern Time. More information is at https://www.dau.edu/events. Note though that this event is scheduled in DAU Teams and the different Teams licenses in DoD are not interoperable so you can't join in your Teams account. Simply copy and paste the meeting invite in an internet browser not used for your Office 365 account and cancel out of any Teams pop-ups. 

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