3.4.2.  Architect-engineer (A-E) services.

3.4.2.1.  SABER is not an appropriate acquisition approach for A-E services as defined in FAR 36.601-4(a). The Brooks Act (40 U.S.C. 541-544) requires use of specific procedures (see FAR 36.6) to acquire A-E services.

3.4.2.2.  Non-personal services subject to the provisions of the Service Contract Act (e.g., a TO solely to install carpet when the labor involved exceeds $2,500) are not SABER requirements. The Department of Labor (DOL) has jurisdiction over the classification of a requirement. They determine if it is construction work subject to the Davis-Bacon Act or a service subject to the Service Contract Act. The DOL guidance provides services such as carpet installation, landscaping, asbestos removal, and building demolition performed are construction because they are incidental to a larger construction project. If the preponderance of the work is non-personal services, even though there may be some incidental related construction work, the project falls under the Service Contract Act and is not a candidate for SABER.