B-155301, DEC. 17, 1964

B-155301, DEC. 17, 1964

TO THE ASSOCIATED GENERAL CONTRACTORS OF WYOMING, INC.:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 21, 1964, AND ENCLOSURES, CONCERNING THE CLAIM OF RISSLER AND MCMURRY COMPANY AGAINST THE STATE OF WYOMING FOR MONEYS WITHHELD UNDER THE FEDERAL-AID HIGHWAY ACT OF 1956 ON VARIOUS INTERSTATE HIGHWAY PROJECTS IN THE STATE OF WYOMING.

SECTION 113 (A), TITLE 23, U.S.C. (PUBLIC LAW 85-767, 72 STAT. 895), WHICH CODIFIED SECTION 115 OF THE FEDERAL-AID HIGHWAY ACT OF 1956, 70 STAT. 374, PROVIDES THAT THE SECRETARY OF COMMERCE ,SHALL TAKE SUCH ACTION AS MAY BE NECESSARY TO INSURE THAT ALL LABORERS AND MECHANICS EMPLOYED BY CONTRACTORS OR SUBCONTRACTORS ON THE INITIAL CONSTRUCTION WORK PERFORMED ON HIGHWAY PROJECTS ON THE INTERSTATE SYSTEM AUTHORIZED UNDER SECTION 108 (B) OF THE FEDERAL-AID HIGHWAY ACT OF 1956, SHALL BE PAID WAGES AT RATES NOT LESS THAN THOSE PREVAILING ON THE SAME TYPE OF WORK ON SIMILAR CONSTRUCTION IN THE IMMEDIATE LOCALITY AS DETERMINED BY THE SECRETARY OF LABOR IN ACCORDANCE WITH THE ACT OF AUGUST 30, 1935, KNOWN AS THE DAVIS BACON ACT (40 U.S.C. 276A).'

IT APPEARS THAT THE BUREAU OF PUBLIC ROADS, U.S. DEPARTMENT OF COMMERCE, HAS FOLLOWED A RULING BY THE SOLICITOR OF LABOR THAT MR. FINIS BOWDEN, A TRUCK DRIVER EMPLOYED BY RISSLER AND MCMURRY COMPANY ON VARIOUS WYOMING INTERSTATE HIGHWAY PROJECTS IN 1961, 1962, AND 1963 WAS ENTITLED TO PAYMENT AT WAGE RATES PRESCRIBED FOR THE PROJECTS FOR THE TIME SPENT IN TRANSPORTING MATERIALS BETWEEN THE COMPANY'S HEADQUARTERS AND INTERSTATE HIGHWAY PROJECTS IN WHICH THE COMPANY WAS INVOLVED. PURSUANT THERETO THE WYOMING HIGHWAY DEPARTMENT WITHHELD THE SUM OF $1,763.20 FROM CONTRACT PAYMENTS OTHERWISE DUE RISSLER AND MCMURRY COMPANY ON ACCOUNT OF ALLEGED LABOR STANDARDS VIOLATIONS INVOLVING MR. BOWDEN.

WHILE WE HAVE RULED THAT THE DAVIS-BACON ACT DOES NOT UNDERTAKE TO PROVIDE MINIMUM WAGE COVERAGE FOR WORK OFF THE SITE OF A PROJECT (43 COMP. GEN. 84), THE REFERENCE TO THE DAVIS-BACON ACT IN 23 U.S.C. 113 (A) DOES NOT MAKE APPLICABLE TO INTERSTATE HIGHWAY PROJECTS THE PROVISIONS OF SECTION 3 OF THE DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 276A), UNDER WHICH THE GENERAL ACCOUNTING OFFICE IS GIVEN JURISDICTION TO MAKE FINDINGS AS TO PERSONS AND FIRMS WHO HAVE DISREGARDED THEIR OBLIGATIONS UNDER SAID ACT AND TO DISBURSE DIRECTLY TO LABORERS AND MECHANICS AMOUNTS WITHHELD FROM CONTRACTORS. B-144075, OCTOBER 13, 1960. FOR THIS REASON, AND SINCE THE HIGHWAY ACT CONFERRED NO SPECIAL FUNCTIONS OR DUTIES UPON OUR OFFICE, WE MUST ADVISE YOU THAT WE HAVE NO DIRECT JURISDICTION IN THIS MATTER, AND THAT WE THEREFORE ARE WITHOUT AUTHORITY TO RULE ON THE PROPRIETY OF THE SOLICITOR'S RULING IN THIS CASE.