37.301 Labor standards
Source: FAR 37.301 on acquisition.gov
Determine which labor standards statute applies to dismantling, demolition, or removal contracts based on whether future construction work is planned at the same location.
Overview
FAR 37.301 clarifies which federal labor standards apply to contracts involving the dismantling, demolition, or removal of improvements. The section distinguishes between the Service Contract Labor Standards (SCLS) and the Construction Wage Rate Requirements (formerly known as Davis-Bacon Act), depending on the nature and future intent of the work. If the contract is solely for dismantling, demolition, or removal, SCLS applies. However, if there is any planned construction, alteration, or repair at the same location—even under a separate contract—the Construction Wage Rate Requirements apply to the initial contract as well. This ensures proper wage protections for workers based on the broader project scope, not just the immediate contract.
Contracts for dismantling, demolition, or removal of improvements are subject to either http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter67&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 67, Service Contract Labor Standards, or http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter31&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction). If the contract is solely for dismantling, demolition, or removal of improvements, the Service Contract Labor Standards statute applies unless further work which will result in the construction, alteration, or repair of a public building or public work at that location is contemplated. If such further construction work is intended, even though by separate contract, then the Construction Wage Rate Requirements statute applies to the contract for dismantling, demolition, or removal.