B-152313, JUN. 7, 1965
Highlights
TO THE HONORABLE SECRETARY OF DEFENSE: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE ADMINISTRATOR. GEN. 238 IS STILL PROPER IN VIEW OF THE REVISED LABOR DEPARTMENT REGULATION SET FORTH IN 29 CFR 5.4 (A). GEN. 593 AND 43 ID. 238 ARE INCONSISTENT WITH THE VIEW STATED IN EACH DECISION THEY WILL NO LONGER BE FOLLOWED. IT IS SUGGESTED THAT CONSIDERATION BE GIVEN TO THE REVISION OF PARAGRAPH 12-404.2 (C).
B-152313, JUN. 7, 1965
TO THE HONORABLE SECRETARY OF DEFENSE:
ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE ADMINISTRATOR, VETERANS ADMINISTRATION, CONCERNING THE QUESTION WHETHER THE PROCEDURE SANCTIONED BY OUR DECISION REPORTED AT 43 COMP. GEN. 238 IS STILL PROPER IN VIEW OF THE REVISED LABOR DEPARTMENT REGULATION SET FORTH IN 29 CFR 5.4 (A). IT SHOULD BE NOTED THAT THE ENCLOSED DECISION ADVISES THE ADMINISTRATOR THAT TO THE EXTENT 41 COMP. GEN. 593 AND 43 ID. 238 ARE INCONSISTENT WITH THE VIEW STATED IN EACH DECISION THEY WILL NO LONGER BE FOLLOWED. IN THIS CONNECTION, WE NOTE THAT CERTAIN PROVISIONS OF ASPR 12- 404.2 (C) APPEAR TO BE IN CONFLICT WITH THE VIEWS SET FORTH IN THE ENCLOSED DECISION AS TO THE FUNDAMENTAL RULES GOVERNING FEDERAL CONSTRUCTION CONTRACTS INCORPORATING MINIMUM WAGE CONDITIONS. ACCORDINGLY, IT IS SUGGESTED THAT CONSIDERATION BE GIVEN TO THE REVISION OF PARAGRAPH 12-404.2 (C), ASPR, TO CONFORM TO THE VIEWS STATED IN THE ENCLOSED DECISION.