Applicability of Davis-Bacon Act to Offsite Work Performed Under Construction Contract

A contractor requested a ruling on the applicability of the Davis-Bacon Act to offsite construction work under a Department of the Army contract. The Army had informed the contractor that the work was covered by the Act, and that all of the workers had been underpaid under the applicable wage rates. The Army assessed the contractor liquidated damages for each violation. The contractor subsequently instituted a civil action seeking a judgment in the amount of the assessed damages. Since the material issues involved were likely to be disposed of in litigation by a court of competent jurisdiction, and the court did not show an interest in a GAO opinion, the matter was not considered.