solicitation for commercial and confort commercial i'm contract it used standard form fourteen forty nine which is the form that you use for commercial in contracts on neither solicitation included for clause fifty two to twenty fifteen which is a contract clause that requires payment performance farms for construction projects and that's very germane here to this appeal in that after these contracts were or indicate on which is a small business the government the army informed caked on that they needed to provide these payment performance blocks at that time they did not have the financial involved construction activities but if you turn to the appendix and actually read the contract you or the appendix thirty six is to furnish and install correct i mean this is this building is not something that one is going to pick up the take away after it's been used for six weeks this is a permanent structure right correct and there's other language in the contract that talks about construction right like for example k g thirty have one hundred billboards that have to be constructed on the basis that you have to go out and build a foundation or a concrete slab to put a billboard on and build a billboard does that make it a construction contract that's subject to the requirements ambiguous situation where you think that you're going to provide commercial services in it and then later know this is for construction of a building or everything points towards construction in that year your obligation at that time to to raise your hand and inquire as to the exact nature of the contract i don't believe it's a big use at all if you can look at the commercial i can contract itself  construction clauses in it if this was a construction services agreement you would see dozens and dozens and dozens of federal acquisition regulation contract costs they are not it  commercial item contract because of the group own policy of the federal government that they want to do business with commercial vendors so that they don't have all the ira iraq red tape and bonding and etc required that's the whole way the whole reason why you prefer to fall to to a commercial out of contract is to avoid that so you can't put it on the burden of the contractor to decide what the government to sire when the issue of the source taishan the classification of the contract is the government's firm not the motto better person on the on the agencies how much of your argument depends on the fact that this is a prefabricated building as opposed to a building that was built by say a cinder block structure that a pretty big shed but here what's also telling is that when the the government and formed cake on the requirement they waited they delayed until they were able to provide the bonds and issued a modification to the contract to incorporate the bonds and pay them for it to your slater so even the government wasn't sure when they issued this like doing this and then the board says that at the time of the war this is a payment to performance upon was incorporated into the contract by the christian doctrine if that's the case think about this you have a established contractor right are they yes and have they handled construction contracts for the government before yes and were bonds required at that time for those companies those construction contracts yes and you're going to love this one the reason they could not provide the bonds was because that same agency had terminated one of their contracts for convenience and they were it looks like a duck it quacks like a tuck it's adopt it's a duck and the government's trying to use the christian doctrine to make that of the groups and that i i can't stress the importance that you can't have contractors doing the government straw for part twenty eight is what applies to the government class finer contracts they're the ones that are classified as a commercial that are in the contract and they can shift the expenses and the costs construction contracts that are not in commercial item contracts now you've mentioned the davis bacon act reference are there other things that you would see in a in a pure in do bit of all construction contract required by the far otherwise that are not in this country i mean certainly you would potentially be spending on the scope of the trucking contract we would see a lengthy lengthy or causes but the key is what is being you give me an example of the kinds of closures she would see in a construction contract that are not here maybe this is a question really from this morning but it is for you because he raised it but i'm i'm trying to get a feeling for whether there's more here than just the wrong form but rather there is and you can kind of wholistic pointing towards can commercialised i'm a supposed to construction turns to a thirty three division one one point one one talks about construction permits as well one point seven on a thirty three as well talked about payment and it is a from a contract for contraction likewise if you were to go on throughout the contract to be thirty seven crew floor construction or mechanical work electrical work as well as either the seven to criticize the contractor that's now crying to find a solution to this oh not criticizing them offering offering a solution or occurred is not present in the not just pointing out the fact that they acknowledged at that point in time that it was a construction  situation in which like this case there had been no requirement of a bond but the government came back later and said you must have a bond and then when they couldn't come up with a bunch they default well certainly that they should not be frightened to hell i'm just curious as to what the government so i don't lose sight of the legal issue that's before this panel issue is whether the christian doctrine applies to this contract calls for government got some and some to some of the background facts that we never really got into because just decided that fabricated buildings which is a commercial item there there are saccade it made and purchased in quantities you go in you buy these things and you deliver into construction sites if you don't have that commercial item you don't have  you don't have any construction activities here the construction activities surrounding those commercial items are ancillary to the project there was no reason for cake on the think that when the solicitation was identified as they've got a series of trucks they've got the living room they've got the kitchen they've got the bedrooms those are construction right now wouldn't consider that if you put the house on a slab you construct retailer or distributor of prefab buildings now we're not that's true you're a construction company that's true that's true but only last thing i want to say is that and say as a matter of law it's a construction contract i get that there are construction activities in this fine truck we're not disputing that but the issue is whether it was a identify the knowing collector that w