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My agency has a requirement solely for the demolition of existing structures, with no post-demolition construction. Pursuant to FAR 37.301, this will be a service contract versus a construction contract. As such, is there a potential ADA violation if the contract is funded with MILCON funds? The demolition is included on a DD Form 1391; however, the demolition work has since been segregated from the “true” construction work. We will now be issuing two contracts, one for the demolition and one for everything else that is on the DD Form 1391. The structures to be demolished and the land it occupies have never had a relationship to the other work on the DD Form 1391 other than the fact that they both ended up on the same DD Form 1391. There is no proposed immediate or future construction on the demo site in the base’s master plan. The program office, budget office, and counsel contend that MILCON funds are authorized/appropriate solely because the demolition is listed on a DD Form 1391. I am leery about using MILCON funds on a service contract, but seem to be the only one here that has reservations. Is the mere fact that something is listed on a DD Form 1391 all the logic/evidence needed to ascertain that MILCON funding is the proper funding source and would not violate fiscal law?
