B-150118, OCT. 30, 1962

B-150118: Oct 30, 1962

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ESQUIRE: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12. WE DO NOT HAVE A COMPLETE OFFICIAL RECORD BEFORE US AT THIS TIME. WERE NOT REGARDED BY THE CONTRACTING AGENCY AS APPLYING TO PORTIONS OF THE WORK WHICH INVOLVED THE DISMANTLING. YOU WERE ADVISED BY THE DEPARTMENT OF LABOR THAT THE SUPPLEMENTAL WORK WAS NOT A PREPARATION FOR OTHER CONSTRUCTION AND FOR THIS REASON WAS NOT CONSIDERED BY IT TO CONSTITUTE CONSTRUCTION. THERE IS ATTACHED FOR YOUR INFORMATION A COPY OF OUR DECISION B 144901.

B-150118, OCT. 30, 1962

TO BERNARD M. MAMET, ESQUIRE:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12, 1962, PROTESTING, ON BEHALF OF SEVERAL LABOR ORGANIZATIONS, A NONPAYMENT OF PREVAILING WAGES BY THE CONSOLIDATED-PERRY CORPORATION AS A SUPPLEMENTAL SUBCONTRACTOR UNDER CONTRACT DA-11-032-ENG-7295 DURING THE PERFORMANCE OF CERTAIN DEMOLITION OR SALVAGE WORK.

WE DO NOT HAVE A COMPLETE OFFICIAL RECORD BEFORE US AT THIS TIME, BUT IT APPEARS FROM COPIES OF CORRESPONDENCE FORWARDED WITH YOUR LETTER THAT THE MINIMUM WAGE PAYMENT REQUIREMENTS OF THE DAVIS-BACON ACT, 40 U.S.C. 276A, WERE NOT REGARDED BY THE CONTRACTING AGENCY AS APPLYING TO PORTIONS OF THE WORK WHICH INVOLVED THE DISMANTLING, REMOVAL, SALVAGE AND SALE OF PARTICULAR IMPROVEMENTS REMAINING ON A PROJECT ADJOINING THE CONSTRUCTION UNDERTAKEN BY THE PRIME CONTRACTOR. ALSO, YOU WERE ADVISED BY THE DEPARTMENT OF LABOR THAT THE SUPPLEMENTAL WORK WAS NOT A PREPARATION FOR OTHER CONSTRUCTION AND FOR THIS REASON WAS NOT CONSIDERED BY IT TO CONSTITUTE CONSTRUCTION, ALTERATION, OR REPAIR OF PUBLIC BUILDINGS AND WORKS WITHIN THE STATUTORY COVERAGE. WE PERCEIVE NO LEGAL REASONS AT THIS TIME FOR DISAGREEING WITH THE ADMINISTRATIVE CONCLUSIONS.

THERE IS ATTACHED FOR YOUR INFORMATION A COPY OF OUR DECISION B 144901, DATED APRIL 10, 1961, 40 COMP. GEN. 565, DEALING GENERALLY WITH THE APPLICABILITY OF THE DAVIS-BACON ACT TO PARTICULAR ITEMS OF WORK.