B-148930, B-153992, JAN. 13, 1965

B-148930,B-153992: Jan 13, 1965

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GENERAL SERVICES ADMINISTRATION: REFERENCE IS MADE TO A LETTER DATED NOVEMBER 20. IT IS ALSO STATED THAT THE REVISION PERTAINS LARGELY TO THE LANGUAGE OF THE CONTRACT CLAUSES CONTAINED IN SUBPART 1-12.4 AND THAT FOLLOWING THE DEVELOPMENT OF SATISFACTORY REVISIONS OF THE CLAUSES. STANDARD FORM 19A WILL BE SIMILARLY AMENDED. WHO IS NOT REGISTERED AS ABOVE. TO THE EXTENT THAT THIS MAY BE INTERPRETED AS AGREEMENT OR AUTHORIZATION TO HAVE JOURNEYMAN RATES PRESCRIBED AND PAID TO LABORERS NOT HAVING JOURNEYMAN SKILLES OR CAPABILITIES. THE BASIC REGISTRATION REQUIREMENT WOULD APPEAR TO PRECLUDE THE USE OF APPRENTICES WHERE NO APPROVED PROGRAM IS AVAILABLE.

B-148930, B-153992, JAN. 13, 1965

TO THE HONORABLE LAWSON B. KNOTT, JR., ACTING ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

REFERENCE IS MADE TO A LETTER DATED NOVEMBER 20, 1964, FROM THE ASSISTANT GENERAL COUNSEL, REGULATIONS AND GENERAL LAW DIVISION, REQUESTING OUR COMMENTS ON A PROPOSED REVISION OF SUBPART 1-12.4, LABOR STANDARDS IN CONSTRUCTION, OF THE FEDERAL PROCUREMENT BRING THE FPR IN LINE WITH THE DEPARTMENT OF LABOR'S AMENDMENTS OF 29 CFR, PARTS 1 AND 5 (29 FR 13462, SEPTEMBER 30, 1964). IT IS ALSO STATED THAT THE REVISION PERTAINS LARGELY TO THE LANGUAGE OF THE CONTRACT CLAUSES CONTAINED IN SUBPART 1-12.4 AND THAT FOLLOWING THE DEVELOPMENT OF SATISFACTORY REVISIONS OF THE CLAUSES, STANDARD FORM 19A WILL BE SIMILARLY AMENDED.

SECTION 1-12.403-1/C) WOULD CONTINUE THE REQUIREMENT FOR INSERTION IN CONTRACTS OF THE PROVISION THAT "ANY EMPLOYEE LISTED ON A PAYROLL AT AN APPRENTICE WAGE RATE, WHO IS NOT REGISTERED AS ABOVE, SHALL BE PAID THE WAGE RATE DETERMINED BY THE SECRETARY OF LABOR FOR THE CLASSIFICATION OF WORK HE ACTUALLY PERFORMED.' TO THE EXTENT THAT THIS MAY BE INTERPRETED AS AGREEMENT OR AUTHORIZATION TO HAVE JOURNEYMAN RATES PRESCRIBED AND PAID TO LABORERS NOT HAVING JOURNEYMAN SKILLES OR CAPABILITIES, IT WOULD APPEAR TO BE OBJECTIONABLE. IN ADDITION, THE BASIC REGISTRATION REQUIREMENT WOULD APPEAR TO PRECLUDE THE USE OF APPRENTICES WHERE NO APPROVED PROGRAM IS AVAILABLE, WITHOUT REGARD TO LOCAL PRACTICE. IN THIS CONNECTION SEE B- 144382, MARCH 21, 1961.

OUR FAILURE TO COMMENT ON OTHER PORTIONS OF THE PROPOSED REVISION SHOULD NOT BE CONSIDERED AS ENDORSEMENT OR IMPLIED APPROVAL OF THE REGULATIONS OR ANY PART THEREOF, WE EXPRESSLY RESERVE OUR ..END :