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    What applies on demolition contracts that have no follow on construction - is the contract completely treated as a full service contract? Do QA requirements apply?


    Answer

    The Department of Labor has responsibility for the application and enforcement of the Service Contract Act and the Davis Bacon Act. The following guidance is provided from Chapter 15 of the Field Operations Handbook, Revision 660, dated October 25, 2010 and can be accessed on the DOL website http://www.dol.gov/whd/FOH/FOH_Ch15.pdf
     
    “15d03 Demolition work in relation to construction.
    (a)
    To determine whether a demolition contract is subject to DBRA, it is necessary to look at the entire scope of that contract as well as other contracts that might be part of the same overall project. Demolition, standing alone, (except for demolition work under Urban Renewal projects authorized pursuant to the Housing Act of 1949, as amended) is not necessarily considered to be “construction, alteration, and/or repair of a public building or a public work” subject to the prevailing wage requirements of DBRA. For example, the demolition of a building because such structure is no longer needed would not in itself be a covered construction activity. However, where an existing building is being demolished and further construction activity at the site is contemplated that is subject to DBRA, DBRA would apply to such demolition, such as demolition performed to permit construction of a new building or highway (AAM # 190, see also FOH 14d08).
     
    (b) In some cases, the nature of the demolition or removal work alone might be considered construction activity covered by DBA. Removal of asbestos or paint from a facility that will not be demolished would be considered to be an alteration or repair (AAM # 153) and certain hazardous waste removal contracts that involve substantial earth moving to remove contaminated soil and re-contour the surface may be considered construction (AAM # 187). “ 
     

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