B-151747, AUG. 7, 1963

B-151747: Aug 7, 1963

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IF A CONTRACT IS ESSENTIALLY OR SUBSTANTIALLY FOR CONSTRUCTION. THEN ALL WORK UNDER IT IS COVERED. THE PLACING AND TESTING OF CABLE IS WORK WHICH WILL BE PERFORMED BY GOVERNMENT PERSONNEL AND NOT UNDER THE CONTRACT.

B-151747, AUG. 7, 1963

TO MR. O. A. RIEMAN:

IN YOUR LETTER OF JUNE 7, 1963, YOU OBJECT TO THE DEPARTMENT OF THE AIR FORCE NOT HAVING APPLIED WAGE PROVISIONS OF THE DAVIS-BACON ACT TO CERTAIN WORK INVOLVING THE PLACING AND TESTING OF CABLE. YOU ALLEGE THAT THE POLICY OF GROUND ELECTRONICS ENGINEERING AGENCY, UNITED STATES AIR FORCE, TO PROVIDE FOR PLACING AND TESTING OF CABLE BY ITS PERSONNEL IN CONNECTION WITH WORK UNDER A CONTRACT WHICH CALLS FOR TRENCHING AND BACK-FILLING OF CABLE, AND WHICH CONTAINS PROVISIONS OF THE DAVIS-BACON ACT, SEEMS TO BE INCONSISTENT WITH THE FOLLOWING LANGUAGE IN OUR DECISION B-150905, DATED MAY 24, 1963:

"* * * AS POINTED OUT IN 40 COMP. GEN. 565, THE DAVIS-BACON ACT APPLIES ON THE BASIS OF CONTRACT CONTENT AS A WHOLE, RATHER THAN ON AN ITEM-BY- ITEM BASIS. IF A CONTRACT IS ESSENTIALLY OR SUBSTANTIALLY FOR CONSTRUCTION, ALTERATION, OR REPAIR, THEN ALL WORK UNDER IT IS COVERED.

THE SPECIFIC TERMS OF THE QUOTED LANGUAGE REFER TO WORK PERFORMED UNDER THE CONTRACT. THE PLACING AND TESTING OF CABLE IS WORK WHICH WILL BE PERFORMED BY GOVERNMENT PERSONNEL AND NOT UNDER THE CONTRACT. THIS SHOULD CLARIFY THE MATTER TO YOUR SATISFACTION.