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    Have you heard of such a contract that exists on other bases? What type of contract should be used? Service/Construction?


    Answer


    No, I have not heard of such a contract.
     
    You would need to negotiate some type of consideration for a contract to be valid. Thus, CE would need to determine the recycle value of the asphalt and access whether this value is fair and reasonable for the efforts required. 

    Since there are three construction contractors wanting to perform this work, you would need to allow them to compete for the award. Maybe there is a local small business that wants to take this on and sell the recycled asphalt to the three contractors at a profit. I would disclose my strategy on FEDBIZOPPS or local announcement based upon the estimated value of the recycled asphalt balanced against the cost of removing the cement. You might also want to draft a FAR Part 5 RFI to gather input from the Construction community on this strategy to include a site visit. 

    Based upon the strategy that I have presented above and FAR Part 36.001 Definitions, I would pursue a construction contract. However, contract type is a negotiable issue. Definitely see what inputs industry brings forward on this strategy.  Also I would inform CE that they may have to commit some additional funds beyond the asphalt recycle value to get the debris removed if this ‘no-cost’ strategy doesn’t work. Based upon the performance risk, you should definitely pursue a firm-fixed-price contract that represents the recycled value of the asphalt - the cost to remove the concrete.

    36.001 -- Definitions.

    As used in this part—
    “Construction and demolition materials and debris” means materials and debris generated during construction, renovation, demolition, or dismantling of all structures and buildings and associated infrastructure.
    “Diverting” means redirecting materials that might otherwise be placed in the waste stream to recycling or recovery, excluding diversion to waste-to-energy facilities.

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