B-150905, JUN. 26, 1963
Highlights
RIEMAN: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 5. WHILE YOU REQUEST ADVICE AS TO WHETHER WE "ARE IN ACCORD WITH GEEIA'S ASSUMPTION THAT THE DAVIS-BACON ACT DOES NOT APPLY" TO INSTALLATION AS DEFINED. IT IS NOTED THAT THE DEFINITION IS CONTAINED IN AN INSTRUCTION PROVIDING CLARIFICATION AND GUIDANCE IN STANDARDIZED TERMINOLOGY FOR INTRA AGENCY USE. NO MENTION IS MADE OF THE DAVIS BACON ACT. A MATTER WHICH IN THE FIRST INSTANCE IS FOR ADMINISTRATIVE ASCERTAINMENT.
B-150905, JUN. 26, 1963
MR. O. A. RIEMAN:
REFERENCE IS MADE TO YOUR LETTER DATED JUNE 5, 1963, CONCERNING A DEFINITION ADOPTED BY THE GROUND ELECTRONICS ENGINEERING--- INSTALLATION AGENCY OF THE AIR FORCE, AS FOLLOWS---
"INSTALLATION: THE ASSEMBLY, POSITIONING, WIRING, CONNECTING AND TESTING OF COMMUNICATIONS--- ELECTRONICS EQUIPMENT, INCLUDING POLES, TOWERS, MASTS AND ANTENNA SYSTEMS, IN ACCORDANCE WITH INSTALLATION STANDARDS AND SPECIFICATIONS TO SATISFY AN OPERATIONAL REQUIREMENT IN A GIVEN AREA.'
WHILE YOU REQUEST ADVICE AS TO WHETHER WE "ARE IN ACCORD WITH GEEIA'S ASSUMPTION THAT THE DAVIS-BACON ACT DOES NOT APPLY" TO INSTALLATION AS DEFINED, IT IS NOTED THAT THE DEFINITION IS CONTAINED IN AN INSTRUCTION PROVIDING CLARIFICATION AND GUIDANCE IN STANDARDIZED TERMINOLOGY FOR INTRA AGENCY USE. NO MENTION IS MADE OF THE DAVIS BACON ACT, 40 U.S.C. 276A, OR OF ITS APPLICATION OR NONAPPLICATION TO THE ITEMS DEFINED. WE DO NOT FEEL FREE TO COMMENT UPON THE TECHNICALITIES INVOLVED IN DISTINGUISHING BETWEEN INSTALLATION AND CONSTRUCTION FOR PURPOSES OF DETERMINING DAVIS-BACON ACT COVERAGE, A MATTER WHICH IN THE FIRST INSTANCE IS FOR ADMINISTRATIVE ASCERTAINMENT, ON THE BASIS OF THE INSTRUCTION MENTIONED.