Are Davis Bacon wage rates required for a federal funded job that is strictly demolition?
A. The Federal interpretation of Davis Bacon and its applicability to demolition contracts is found in the Federal Acquisition Regulation (FAR) at subparts 22.402(a)(1)(ii) and 37.3. The FAR interprets Davis Bacon as applying to contracts for demolition “if (demolition is) a part of the construction contract, or if construction at that site is anticipated by another contract as provided in subpart 37.3.” In other words, if you anticipate there will be a future contract for construction at the site of the demolition, the Davis Bacon applies now to the demolition. If there is to be no future construction work at that site, and there is no construction work in the present contract, then Davis Bacon does not apply to the demolition contract. If you were to omit the Davis Bacon requirements from this contract when the FAR would have required Davis Bacon wages, you risk litigation and a long delay in getting the Department of Labor’s decision. (Revised: September 2010) Q.
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