EP 1180-1-1
1 Aug 01
from the debris removal activities required in the aftermath of emergencies such as Hurricanes Andrew
and Inike or the 1993 floods. Typically, the cleanup and debris removal following such disasters are
performed on an immediate basis and are not procured by fixed-price type contracts. Rather, due to the
urgent nature of the services to be procured, initial USACE activities are generally comprised of
cost-reimbursable contracting efforts. In addition, these cleanup and debris removal efforts would be
performed prior to, and independent of, survey and engineering studies which would identify the location
and extent of necessary repairs. In view of these circumstances, the DOL has concurred in the
determination that USACE disaster relief efforts, including debris removal, and subsequent efforts, such
as levee repairs may be viewed as discrete activities. Thus, emergency cleanup and debris removal
activities would generally be subject to the provisions of the SCA.
c. The DOL, in All Agency Memorandum No. 153 (Appendix C), provided guidance on the
application of the DBA to contracts for asbestos and/or paint removal. The DOL advises that the
removal of asbestos or paint from public buildings or public works constitutes building alteration within the
statutory language of the DBA. Such asbestos or paint removal clearly alters those buildings or works,
regardless of whether subsequent re-insulating or repainting is being considered. This view is consistent
with previous determinations that contracts for sandblasting or hydrostatic cleaning of public works are
subject to the DBA. The subject All Agency Memorandum thus applies to contracts for construction,
alteration, and/or repair of public buildings or works. However, if asbestos is being removed as part of
an overall demolition contract, then such asbestos removal would be subject to the SCA.
3-16. Mixed or Hybrid Contracts.
a. One of the more troublesome issues in determinations of SCA applicability and coverage relates
to mixed or hybrid contracts, those that are comprised of separate service, construction or manufacturing
elements. DOL regulations in this regard indicate that where such hybrid elements are present, the SCA
will apply only if the principal purpose of the contract is principally for services. If the principal purpose
of the contract is for the furnishing of items other than service, then the SCA would not apply.
b. If it is determined that the principal purpose of a contract is the procurement of services, there are
circumstances where the CO must also incorporate other labor standards provisions. The regulatory
criteria by which such determinations are made is set forth at FAR 22.402(b); 29 CFR 116(c)).
Generally, the CO must also incorporate DBA clauses to non-service construction work if:
(1) the service contract includes a substantial and segregable amount of construction, alteration,
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