A-96689, NOVEMBER 12, 1938, 18 COMP. GEN. 446

A-96689, NOVEMBER 12, 1938, 18 COMP. GEN. 446

CONTRACTS - WAGE STIPULATIONS - APPLICABILITY OF BACON-DAVIS ACT TO EMERGENCY RELIEF APPROPRIATION ACT FUNDS AS THE EMERGENCY RELIEF APPROPRIATION ACT OF 1938, 52 STAT. 809, CONTAINS NO AUTHORIZATION FOR THE ESTABLISHMENT OF "SPECIFIC" WAGE RATES, IT IS NOT WITHIN THE EXCEPTION PERMITTED TO THE REQUIREMENTS OF THE BACON-DAVIS ACT, 49 STAT. 1011, BY SECTION 4 OF THE SAID ACT, AND THE PROVISIONS OF THE LATTER ACT ARE FOR APPLICATION TO CONSTRUCTION CONTRACTS IN EXCESS OF $2,000 OF THE FARM SECURITY ADMINISTRATION UNDER THE CITED EMERGENCY RELIEF ACT, THE PROVISIONS OF SECTION 9 OF THE SAID RELIEF ACT, THAT THE RATES OF PAY FOR PERSONS ENGAGED UPON PROJECTS SHALL BE NOT LESS THAN THE PREVAILING RATES OF WAGES FOR SIMILAR WORK IN THE SAME LOCALITY AS DETERMINED BY THE WORKS PROGRESS ADMINISTRATION NOT BEING INCONSISTENT WITH THE REQUIREMENTS OF THE BACON-DAVIS ACT. 18 COMP. GEN. 285, AMPLIFIED. EMERGENCY RELIEF APPROPRIATION ACTS FOR PRIOR FISCAL YEARS ALSO DISCUSSED IN THIS REGARD.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, NOVEMBER 12, 1938:

YOUR LETTER OF OCTOBER 25, 1938, REQUESTS RECONSIDERATION OF THAT PART OF DECISION OF SEPTEMBER 30, 1938, 18 COMP. GEN. 285, STATING, IN CONNECTION WITH A QUESTION THERE FOR DETERMINATION, THAT THE REQUIREMENTS OF THE BACON-DAVIS ACT AS AMENDED BY THE ACT OF AUGUST 30, 1935, 49STAT. 1011, ARE APPLICABLE TO CONSTRUCTION CONTRACTS IN EXCESS OF $2,000 OF THE FARM SECURITY ADMINISTRATION UNDER THE EMERGENCY RELIEF APPROPRIATION ACT OF 1938, 52 STAT. 809. YOUR LETTER IS AS FOLLOWS:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 30, 1938, A-96689, CONCERNING THE PROVISIONS OF FORM OF CONSTRUCTION CONTRACT, FORM F.S.A.- GEN. 162 (REVISED), 2-16-38, APPROVED BY THE SECRETARY OF THE TREASURY ON FEBRUARY 16, 1938. YOUR OBJECTIONS TO THE PROPOSED PROVISIONS WITH RESPECT TO THE ORGANIZATION OF THE CONTRACTOR'S EMPLOYEES AND THE REQUIREMENT OF REPORTING PAY ROLLS, ETC., TO THE DEPARTMENT OF LABOR HAVE BEEN NOTED, AND SUCH PROVISIONS WILL CONSEQUENTLY NOT BE INCLUDED IN CONTRACTS HEREAFTER ENTERED INTO BY THE FARM SECURITY ADMINISTRATION. WITH RESPECT TO YOUR DECISION AS TO THE ESTABLISHMENT OF RATES OF WAGES, YOUR RECONSIDERATION IS REQUESTED IN THE LIGHT OF THE FOLLOWING COMMENTS:

YOUR LETTER STATES, ON PAGE 19, REFERRING TO THE PROVISIONS OF THE BACON- DAVIS ACT, AS AMENDED BY THE ACT OF AUGUST 30, 1935, 49 STAT.1011, THAT "THESE STATUTORY PROVISIONS ARE APPLICABLE TO CONSTRUCTION CONTRACTS IN EXCESS OF $2,000 OF THE FARM SECURITY ADMINISTRATION UNDER THE APPROPRIATION IN QUESTION (THE EMERGENCY RELIEF APPROPRIATION ACT OF 1938, 52 STAT. 812) * * *.' YOU FURTHER STATE, REFERRING TO SECTION 9 OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1938, WHICH PROVIDES:

"THE RATES OF PAY FOR PERSONS ENGAGED UPON PROJECTS UNDER THE APPROPRIATIONS IN THIS TITLE SHALL NOT BE LESS THAN THE PREVAILING RATES OF PAY FOR WORK OF A SIMILAR NATURE IN THE SAME LOCALITY AS DETERMINED BY THE W.P.A. * * *," THAT THIS PROVISION "DOES NOT APPEAR TO HAVE BEEN INTENDED * * * TO REPEAL OR SUPERSEDE IN THE EXPRESS PROVISIONS OF THE * * * BACON-DAVIS ACT, AS AMENDED, WITH RESPECT TO CONTRACTS OVER $2,000, AND AS TO SMALLER CONTRACTS * * * IT IS TO BE NOTED THAT SECTION 9 OF THE APPROPRIATION ACT EXPRESSLY PROVIDES THAT THE RATES OF PAY FOR PERSONS ENGAGED UPON PROJECTS SHALL BE NOT LESS THAN PREVAILING RATES "AS DETERMINED BY THE P.A.' IN OTHER WORDS, IT IS APPARENTLY YOUR POSITION THAT THE BACON-DAVIS ACT, AS AMENDED, APPLIES TO ALL CONSTRUCTION CONTRACTS OF THE FARM SECURITY ADMINISTRATION IN EXCESS OF $2,000, AND THAT SECTION 9 OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1938 APPLIES ONLY TO SMALLER CONTRACTS UNDER THAT APPROPRIATION.

IN SUBMITTING THIS MATTER FOR YOUR DECISION, NO QUESTION WAS RAISED AS TO THE APPLICABILITY OF THE BACON-DAVIS ACT TO CONSTRUCTION CONTRACTS ENTERED INTO BY THE FARM SECURITY ADMINISTRATION PURSUANT TO THE EMERGENCY RELIEF APPROPRIATION ACT OF 1938, BECAUSE IT HAS ALWAYS BEEN REGARDED AS CLEAR THAT THE BACON-DAVIS ACT DID NOT APPLY TO CONSTRUCTION CONTRACTS PAID FOR WITH FUNDS MADE AVAILABLE BY THE RECENT RELIEF ACTS. SECTION 4 OF THE BACON-DAVIS ACT AMENDMENTS, ADOPTED SEVERAL MONTHS AFTER THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, EXPRESSLY STATES THAT "THIS ACT SHALL NOT BE CONSTRUED TO SUPERSEDE OR IMPAIR ANY AUTHORITY OTHERWISE GRANTED BY FEDERAL LAW TO PROVIDE FOR THE ESTABLISHMENT OF SPECIFIC WAGE RATES.' THE LEGISLATIVE HISTORY OF THE AMENDMENTS TO THE BACON-DAVIS ACT SEEMS TO INDICATE RATHER DEFINITELY THE INTENTION OF CONGRESS NOT TO MAKE ITS PROVISIONS APPLICABLE TO THE EMERGENCY RELIEF APPROPRIATION ACTS. THE REPORT OF THE SENATE COMMITTEE ON EDUCATION AND LABOR, RECOMMENDING PASSAGE OF THE FORMER BILL, CONTAINS THE FOLLOWING EXPLANATION OF SECTION 4 (SEE SENATE REPORT 1155, PAGE 4):

"THIS WAS INSERTED IN ORDER THAT THE SUBSTANTIVE PORTIONS OF THE ACT SHOULD NOT CONFLICT WITH THE WAGE PROVISIONS ON WORK RELIEF PROJECTS UNDER THE EMERGENCY RELIEF APPROPRIATIONS ACT OF 1935. IT ALSO MAKES CLEAR THAT THE PROCEDURAL FEATURES OF THIS ACT SHALL NOT APPLY TO PROJECTS CONDUCTED UNDER THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS, ALTHOUGH THE PREVAILING RATE OF WAGE PRINCIPLE IS ALSO EMBODIED IN REGULATIONS OF THAT AGENCY. (SEE PUBLIC WORKS ADMINISTRATION BULLETIN 51).'

IT WILL BE RECALLED THAT SECTION 7 OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 DID PROVIDE OTHER AUTHORITY "TO PROVIDE FOR THE ESTABLISHMENT OF SPECIFIC WAGE RATES.' THE PRESIDENT WAS DIRECTED TO REQUIRE THAT SUCH WAGES BE PAID AS WOULD ACCOMPLISH THE PURPOSES OF THE ACT AND NOT TEND TO DECREASE GOING WAGES, AND THE PROVISIONS OF THE BACON-DAVIS ACT WERE EXPRESSLY MADE APPLICABLE ONLY TO THE EXPENDITURE OF FUNDS APPROPRIATED FOR "PERMANENT BUILDINGS FOR THE USE OF ANY DEPARTMENT OF THE GOVERNMENT OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA * * *.'

WHILE THE PROVISIONS WITH RESPECT TO WAGES WERE CHANGED IN THE SUBSEQUENT RELIEF ACTS, THOSE ACTS EXPRESSLY GRANT LIKE AUTHORITY FOR THE ESTABLISHMENT OF SPECIFIC WAGE RATES. IN ALL THREE ACTS, CONGRESS DIRECTED THAT PAYMENT BE MADE OF PREVAILING WAGES AS DETERMINED BY THE WORKS PROGRESS ADMINISTRATION. THERE WAS NO REFERENCE TO THE APPLICABILITY OF THE BACON-DAVIS ACT NOR ANY LANGUAGE FROM WHICH IT MIGHT BE INFERRED THAT SUCH AUTHORITY WAS TO BE LIMITED TO CONTRACTS INVOLVING LESS THAN $2,000.

SIMILARLY, THE CONGRESSIONAL COMMITTEE REPORTS AND DEBATES ON THE 1938 ACT WILL BE SEARCHED IN VAIN FOR ANY INDICATION THAT THE POWER EXPRESSLY GIVEN TO THE WORKS PROGRESS ADMINISTRATION TO DETERMINE PREVAILING RATES OF PAY WAS INTENDED TO BE RESTRICTED TO CONTRACTS INVOLVING AMOUNTS LESS THAN $2,000. MOREOVER, THERE IS NO REFERENCE IN THE REPORTS OR DEBATES TO THE APPLICABILITY OF THE BACON-DAVIS ACT. ON THE OTHER HAND, THE DISCUSSION OF THE WAGE PROVISIONS SEEMS CLEARLY TO REVEAL THE UNDERSTANDING THAT THE DETERMINATION OF PREVAILING WAGES WAS TO BE MADE BY THE WORKS PROGRESS ADMINISTRATION, AS THE ACT SPECIFICALLY PROVIDES. THE SENATE DEBATES CONCERNING CERTAIN AMENDMENTS TO SECTION 9 OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1938, SENATOR BYRNES STATED:

"I MERELY WISH TO SAY THE SENATOR'S STATEMENT IS CORRECT IN THAT UNDER THIS BILL THE WORKS PROGRESS ADMINISTRATION WILL FIX THE PREVAILING WAGE RATE, FOR IN THIS MEASURE, FOR THE FIRST TIME, WE HAVE CHANGED THE FORM OF PREVIOUS BILLS AND HAVE GIVEN THE POWER TO THE WORKS PROGRESS ADMINISTRATION INSTEAD OF THE PRESIDENT. IN EVERY BILL UP TO THIS TIME THE WAGES HAVE BEEN FIXED BY THE PRESIDENT FOR THE CURRENT YEAR AND ALL OTHER YEARS. UNDER THIS MEASURE THEY ARE TO BE DETERMINED BY THE W.P.A., WITH THE APPROVAL OF THE PRESIDENT * * *" (83 CONGRESSIONAL RECORD 10716).

THE WAGE PROVISIONS OF THE 1938 RELIEF APPROPRIATION ACT DO NOT DIFFER IN ANY SUBSTANTIAL RESPECT FROM THOSE OF THE 1936 AND 1937 ACTS, AND IT HAD NEVER BEEN SUGGESTED THAT THE BACON-DAVIS ACT WAS APPLICABLE TO CONTRACTS UNDER THOSE STATUTES. ACCORDINGLY, IN THE LIGHT OF THE EXPRESS EXCEPTION PROVIDED FOR IN THE BACON-DAVIS ACT AND THE DEFINITE PROVISION MADE IN THE 1938 EMERGENCY RELIEF APPROPRIATION ACT FOR THE ESTABLISHMENT OF SPECIFIC WAGE RATES, YOU ARE RESPECTFULLY REQUESTED TO RECONSIDER YOUR DECISION OF SEPTEMBER 30, 1938. IN CONNECTION WITH YOUR RECONSIDERATION OF THE MATTER, IT IS DESIRED TO DELETE FROM U.S. STANDARD FORM NO. 23 (REV. 9-9- 35) THE FIRST SENTENCE OF ARTICLE 17, WHICH MAKES REFERENCE TO THE BACON- DAVIS ACT.

OUR LETTER OF SEPTEMBER 1, 1938, DISCUSSED CERTAIN CERTIFICATIONS REQUIRED OF CONTRACTORS AND VENDORS BY YOUR CIRCULAR OF APRIL 2, 1938, A- 51607 AND A-49009, ENTITLED "TYPES OF CERTIFICATIONS BY CONTRACTORS AND VENDORS IN SUPPORT OF INVOICES OR PUBLIC VOUCHERS FOR PURCHASES AND SERVICES OTHER THAN PERSONAL: STANDARD FORM 1034--- REVISED (GENERAL REGULATIONS NO. 51, SUPPLEMENT NO. 7, JUNE 8, 1937).' ITEM 2 OF THE CIRCULAR DEALS WITH REDUCTIONS IN WAGE RATES UNDER CONTRACTS WHICH PROVIDE THAT THE GOVERNMENT IS TO RECEIVE THE BENEFIT OF ANY REDUCTION IN WAGE RATES. THE CIRCULAR ALSO PRESCRIBES A CERTIFICATION REQUIRED BY YOUR OFFICE OF CONTRACTORS AND VENDORS IN CONNECTION WITH "WAGES, RIGHTS, AND HOURS OF WORK OF EMPLOYEES * * *.' YOUR OPINIONIS REQUESTED, IN VIEW OF YOUR DECISION OF SEPTEMBER 30, 1938, AS TO WHETHER CONTRACTORS ENTERING INTO CONSTRUCTION CONTRACTS OF THE FARM SECURITY ADMINISTRATION SHOULD BE REQUIRED TO SIGN SUCH CERTIFICATIONS BEFORE THEIR VOUCHERS ARE APPROVED FOR PAYMENT.

IT IS REQUESTED THAT AN EARLY REPLY TO THIS LETTER BE FURNISHED, INASMUCH AS IT IS URGENT, IN CONNECTION WITH THE CONSTRUCTION OF NUMEROUS PROJECTS OF THE FARM SECURITY ADMINISTRATION, THAT SPECIFICATIONS IN CONNECTION WITH VARIOUS CONTRACTS BE ADVERTISED AT THE EARLIEST POSSIBLE DATE.

THE BACON-DAVIS ACT, AS AMENDED, PLAINLY REQUIRES THAT "EVERY" CONTRACT IN EXCESS OF $2,000 "TO WHICH THE UNITED STATES IS A PARTY"FOR THE CONSTRUCTION, ALTERATION, OR REPAIR OF PUBLIC BUILDINGS OR PUBLIC WORKS SHALL CONTAIN, AMONG OTHER STIPULATIONS, A STIPULATION THAT THE CONTRACTOR OR HIS SUBCONTRACTOR SHALL PAY ALL MECHANICS AND LABORERS EMPLOYED DIRECTLY UPON THE SITE OF THE WORK AT WAGE RATES NOT LESS THAN THOSE STATED IN THE ADVERTISED SPECIFICATIONS, BASED UPON PREVAILING WAGES IN THE PARTICULAR LOCALITY AS DETERMINED BY THE SECRETARY OF LABOR. THE ONLY EXCEPTION MADE IS THAT CONTAINED IN SECTION 4 OF THE AMENDED ACT, AS FOLLOWS:

THIS ACT SHALL NOT BE CONSTRUED TO SUPERSEDE OR IMPAIR ANY AUTHORITY OTHERWISE GRANTED BY FEDERAL LAW TO PROVIDE FOR THE ESTABLISHMENT OF SPECIFIC WAGE RATES.

THE EMERGENCY RELIEF APPROPRIATION ACT OF 1938 CONTAINS NO AUTHORIZATION FOR THE ESTABLISHMENT OF "SPECIFIC" WAGE RATES AND,THEREFORE, DOES NOT COME WITHIN THE TERMS OF THE STATED EXCEPTION TO THE BACON-DAVIS ACT. THIS RESPECT THE EMERGENCY RELIEF APPROPRIATION ACTS OF 1936, 1937, AND 1938 DIFFERED FROM THE EMERGENCY RELIEF APPROPRIATION ACT OF APRIL 8, 1935, 49 STAT. 115. IN ADDITION TO THE PROVISION STATED ON YOUR LETTER, SECTION 7 OF THE 1935 ACT, 49 STAT. 118, EXPRESSLY PROVIDED THAT:

THE PRESIDENT MAY FIX DIFFERENT RATES OF WAGES FOR VARIOUS TYPES OF WORK ON ANY PROJECT WHICH RATES NEED NOT BE UNIFORM THROUGHOUT THE UNITED STATES * * *.

EVEN THIS AUTHORIZATION TO FIX SPECIFIC WAGE RATES WAS LIMITED BY A FURTHER PROVISION IN SAID SECTION 7 THAT THE BACON-DAVIS ACT, AS IT THEN STOOD, 46 STAT. 1494, SHOULD APPLY WHENEVER PERMANENT BUILDINGS FOR THE USE OF THE GOVERNMENT WERE CONSTRUCTED BY FUNDS APPROPRIATED UNDER THE SAID 1935 ACT. THIS LIMITATION EVEN WENT FURTHER THAN THE ORIGINAL BACON- DAVIS ACT, WHICH COVERED ONLY CONTRACTS IN EXCESS OF $5,000 FOR PUBLIC BUILDINGS, AND MADE THE REQUIREMENTS OF THAT ACT APPLICABLE TO CONTRACTS OF LESS THAN $5,000, AND, FURTHER, EXTENDED SUCH THEN EXISTING REQUIREMENTS TO INCLUDE A DETERMINATION OF THE RATES OF WAGES IN ADVANCE OF ANY BIDDING ON THE CONTRACT.

THESE VARIOUS PROVISIONS IN THE 1935 ACT, FOR FIXING SPECIFIC WAGE RATES- -- BUT EXCLUDING FROM SUCH AUTHORIZATION PUBLIC BUILDING CONTRACTS WHICH WERE LEFT SUBJECT TO THE BACON-DAVIS ACT AS IT THEN STOOD--- WERE NOT CONTINUED IN THE 1936, 1937, OR 1938 EMERGENCY RELIEF APPROPRIATION ACTS; THE BACON-DAVIS ACT IN THE MEANTIME, ON AUGUST 30, 1935, HAVING BEEN AMENDED TO INCLUDE PUBLIC WORKS AS WELL AS PUBLIC BUILDINGS, WITH A REDUCTION FROM $5,000 TO $2,000 IN THE MINIMUM AMOUNT OF CONTRACTS SUBJECT TO THE ACT. THERE IS NOTHING APPARENT IN THESE CIRCUMSTANCES TO ESTABLISH A LEGISLATIVE INTENT TO EXEMPT CONTRACTS UNDER THE LATER EMERGENCY RELIEF APPROPRIATION ACTS FROM THE REQUIREMENTS OF THE BACON-DAVIS ACT, WHERE OTHERWISE APPLICABLE. THE BACON-DAVIS ACT NOT ONLY REQUIRES GOVERNMENT CONTRACTORS AND SUBCONTRACTORS TO PAY THEIR LABORERS AND MECHANICS NOT LESS THAN PREDETERMINED PREVAILING WAGES, BUT REQUIRES THEM TO PAY SUCH WAGES IN FULL EVERY WEEK WITHOUT SUBSEQUENT REBATE, REFUND, OR "KICK- BACK," ON ANY ACCOUNT WHATEVER, WITH FURTHER PROVISIONS FOR STRICT ENFORCEMENT, INCLUDING THE RIGHT OF THE GOVERNMENT TO WITHHOLD A PART OF THE CONTRACT PRICE TO PAY LABORERS AND MECHANICS ANY WAGE DEFICIENCIES. IT WOULD REQUIRE VERY CLEAR AFFIRMATIVE EVIDENCE TO ESTABLISH THAT THE CONGRESS INTENDED TO EXEMPT CONTRACTORS UNDER THE LATER EMERGENCY RELIEF APPROPRIATIONS FROM THESE GENERAL STATUTORY REQUIREMENTS FOR THE BENEFIT AND PROTECTION OF LABOR. AS WAS POINTED OUT IN THE DECISION OF SEPTEMBER 30, 1938, WHILE THE LANGUAGE USED IN THE LATER EMERGENCY RELIEF APPROPRIATION ACTS, THAT THE RATES OF PAY FOR "PERSONS ENGAGED UPON PROJECTS" UNDER SUCH APPROPRIATIONS SHALL BE "NOT LESS THAN" THE PREVAILING RATES OF WAGES FOR SIMILAR WORK IN THE SAME LOCALITY AS DETERMINED BY THE WORKS PROGRESS ADMINISTRATION, APPEARS BROAD ENOUGH TO INCLUDE THOSE ENGAGED UNDER CONTRACTS, IT APPARENTLY WAS INTENDED PRIMARILY FOR THOSE DIRECTLY EMPLOYED BY THE GOVERNMENT ON RELIEF WORK--- PRACTICALLY ALL EMPLOYMENT ON RELIEF PROJECTS BEING OF THAT CHARACTER--- AND WAS NOT INTENDED TO REPEAL OR SUPERSEDE THE EXPRESS PROVISIONS OF THE BACON-DAVIS ACT FOR THE PROTECTION OF CONTRACTORS' LABORERS UNDER CONTRACTS OTHERWISE WITHIN ITS TERMS WHICH MIGHT BE MADE UNDER THE EMERGENCY RELIEF APPROPRIATIONS. THE TWO PROVISIONS ARE NOT INCONSISTENT AND EACH MAY BE GIVEN APPLICATION IN ITS OWN FIELD. IMPLIED EXEMPTIONS FROM GENERAL EXPRESS STATUTORY REQUIREMENTS ARE NO MORE FAVORED THAN ARE REPEALS BY IMPLICATION. THE CIRCUMSTANCE THAT THE QUESTION MAY NOT HAVE BEEN RAISED OR DECIDED UNDER THE 1936 AND 1937 ACTS--- DUE PROBABLY TO THE FACT THAT PRACTICALLY ALL, IF NOT ALL, RELIEF PROJECTS UNDER SUCH ACTS WERE CARRIED ON BY DIRECT GOVERNMENT EMPLOYMENT AND PAYMENT OF RELIEF LABOR -- CANNOT SANCTION A DISREGARD OF THE REQUIREMENTS OF THE BACON- DAVIS ACT WHERE APPLICABLE UNDER THE CURRENT APPROPRIATION. ACCORDINGLY, THE CONCLUSIONS OF THE PRIOR DECISION REGARDING SUCH MATTER ARE AFFIRMED.

IN THIS CONNECTION IT IS NOTED THAT BY ITS CIRCULAR P.W. 81603, DATED JULY 2, 1938, THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS INFORMED THE VARIOUS FEDERAL DEPARTMENTS AND AGENCIES OF THE OPINION OF ITS GENERAL COUNSEL THAT THE SPECIAL CONTRACTING PROCEDURE UNDER P.W.A. BULLETIN NO. 51, AND THE SPECIAL CONTRACT FORM P.W.A. 51, HAVE APPLICATION ONLY TO THOSE FEDERAL CONSTRUCTION PROJECTS FOR WHICH P.W.A. ALLOTMENTS WERE MADE AS AUTHORIZED BY TITLE II OF THE NATIONAL INDUSTRIAL RECOVER ACT OF JUNE 16, 1933, 48 STAT. 200, AND THAT FOR FEDERAL PROJECTS FOR WHICH ALLOTMENTS MAY BE MADE TO FEDERAL AGENCIES UNDER THE PUBLIC WORKS ADMINISTRATION APPROPRIATION ACT OF 1938, 52 STAT. 816 (BEING TITLE II OF THE WORK RELIEF AND PUBLIC WORKS APPROPRIATION ACT OF 1938, HERE INVOLVED/

* * * THE CONSTRUCTION AND OTHER CONTRACTS PERTINENT THERETO, AND THE PROCEDURE FOR LETTING SUCH CONTRACTS MUST BE GOVERNED BY THE FEDERAL LAWS AND ORDERS GENERALLY APPLICABLE TO THE FEDERAL AGENCY UNDERTAKING SUCH PROJECT.

YOUR INQUIRY RESPECTING CERTIFICATIONS ON VOUCHERS PURSUANT TO CIRCULAR LETTER OF THIS OFFICE, A-51607, A-49009, APRIL 2, 1938, WILL BE ANSWERED IN A SEPARATE COMMUNICATION.