B-155512, JUN. 2, 1965

B-155512: Jun 2, 1965

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NEWSOME: REFERENCE IS MADE TO PREVIOUS CORRESPONDENCE FROM YOU AND YOUR CLIENT. WHICH WAS CONTAINED IN INVITATION FOR BIDS NO. WHICH HAVE BEEN SUGGESTED AS INVOLVING PROJECTS OF A SIMILAR CHARACTER. HAVE BEEN LISTED UNDER TWO SEPARATE TITLES. WHICH IS IN AN ENTIRELY DIFFERENT AREA OF THE STATE. WAS OBTAINED FROM INTERESTED PARTIES PRIOR TO THEIR ISSUING THE WAGE RATE DECISION FOR THE ST. THE RIVER WILL FORM THE EASTERN CHANNEL OF THE BARGE CANAL. WE ARE UNABLE AT THIS TIME TO FIND SUFFICIENT BASIS FOR FURTHER QUESTIONING THE SOLICITOR'S DETERMINATION IN THIS MATTER. UNDER THE DAVIS-BACON ACT AND ADMINISTRATIVE DELEGATION THE SOLICITOR OF LABOR IS THE GOVERNMENT OFFICIAL PRIMARILY AUTHORIZED TO MAKE SUCH DETERMINATIONS.

B-155512, JUN. 2, 1965

TO MR. JACK S. NEWSOME:

REFERENCE IS MADE TO PREVIOUS CORRESPONDENCE FROM YOU AND YOUR CLIENT, CONE BROTHERS CONTRACTING COMPANY, PROTESTING WAGE RATE DETERMINATION NO. AD-1221 MADE BY THE SOLICITOR OF LABOR ON AUGUST 19, 1964, WHICH WAS CONTAINED IN INVITATION FOR BIDS NO. CIV-ENG-08-123-65 18, ST. JOHNS LOCK, ETC., CROSS FLORIDA BARGE CANAL, ISSUED BY THE CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY.

IT APPEARS THAT THE SCHEDULES OF WAGE RATES ISSUED FOR FLOOD CONTROL PROJECTS IN CENTRAL AND SOUTHERN FLORIDA, WHICH HAVE BEEN SUGGESTED AS INVOLVING PROJECTS OF A SIMILAR CHARACTER, HAVE BEEN LISTED UNDER TWO SEPARATE TITLES. THE TITLE "BUILDING CONSTRUCTION" HAS BEEN APPLIED ONLY TO BUILDINGS SUCH AS RESIDENCES, OFFICE BUILDINGS, ETC. THE TITLE "CANALS, LEVEES, SHORE WORK AND STRUCTURES OTHER THAN BUILDING CONSTRUCTION," WHICH LISTED SUBSTANTIALLY LOWER RATES HAS BEEN APPLIED TO ALL OTHER CONSTRUCTION, INCLUDING EXCAVATION. ON THE OTHER HAND, WAGE RATE DETERMINATION NO. AD-1221 LISTED THE SCHEDULES OF WAGE RATES UNDER TITLES WHICH DIFFERED FROM THOSE CONTAINED IN DETERMINATIONS FOR THE FLOOD CONTROL PROJECTS. ONE TITLE READS "CANALS, LEVEES, SHOREWORK OTHER THAN BUILDING" AND THE OTHER TITLE READS "STRUCTURES AND BUILDINGS.' INASMUCH AS THE ST. JOHNS LOCK JOB INVOLVES SOME STRUCTURES, ONLY THOSE HIGHER WAGE RATES LISTED UNDER THE TITLE "STRUCTURES AND BUILDING" COULD BE CONSIDERED APPLICABLE.

THE SOLICITOR OF LABOR HAS REPORTED TO US THAT INFORMATION SHOWING RATES PAID TO EMPLOYEES ENGAGED ON SIMILAR CONSTRUCTION PROJECTS IN THE AREA OF THE ST. JOHNS LOCK, WHICH IS IN AN ENTIRELY DIFFERENT AREA OF THE STATE, AND INCLUDING PROJECTS RECENTLY BUILT ON THE ST. JOHNS RIVER, WAS OBTAINED FROM INTERESTED PARTIES PRIOR TO THEIR ISSUING THE WAGE RATE DECISION FOR THE ST. JOINS LOCK; AND THAT THE JACKSONVILLE CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS ALSO CONFIRMED THAT THE (HIGHER) NEGOTIATED WAGE RATES HAD BEEN PAID ON PROJECTS BUILT IN CONNECTION WITH THE ST. JOHNS RIVER. THE RIVER WILL FORM THE EASTERN CHANNEL OF THE BARGE CANAL.

UNDER THOSE CIRCUMSTANCES, WE ARE UNABLE AT THIS TIME TO FIND SUFFICIENT BASIS FOR FURTHER QUESTIONING THE SOLICITOR'S DETERMINATION IN THIS MATTER. UNDER THE DAVIS-BACON ACT AND ADMINISTRATIVE DELEGATION THE SOLICITOR OF LABOR IS THE GOVERNMENT OFFICIAL PRIMARILY AUTHORIZED TO MAKE SUCH DETERMINATIONS. HOWEVER, WE SHALL CONTINUE OUR GENERAL, ACTIVE INTEREST IN THE PROBLEM.