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  • Question

    Since this particular requirement will be solicited and awarded as a service contract under FAR Part 37, why can't a Standard Form 1449 be used as the contractual instrument? The vast majority of service requirements are commericial in nature, and this requirement is no exception. Your previous answers to similiar questions references FAR Part 36.701 which states, Standard Form 1442, Solicitation, Offer, and Award shall be used to solit and submit offers, and award construction or dismantling, demolition, or removal of improvements contracts expected to exceed the simplified acquisition threshold. However, in this situation FAR Part 36 construction procedures are not being used. Since this procurement is considered a service, which in turn is commercial in nature, it seems a SF 1449 would be the appropriate contract form in accordance with FAR Part 12.204.


    Answer

    You would use SF 1449 for demolition if no follow-on construction is planned for the demolition site. FAR 37.301 provides the authority for classifying such demolition as a services contract, and for a services contract you would use the SF 1449. You would use the SF 1442 if follow-on construction was planned for the site.

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