Kentucky, Ohio, West Virginia. Regional Wage Analyst, Bureau of Labor Statistics, 133 Federal Building, Public Square, Cleveland, Ohio.

Colorado, Idaho, Montana, New Mexico, Utah, Wyoming. Regional Wage Analyst, Bureau of Labor Statistics, 422 Chamber of Commerce Building, Denver, Colorado.

Michigan. Regional Wage Analyst, Bureau of Labor Statistics, Room 926, David Stott Building, 1150 Griswold Street, Detroit, Michigan.

New York, New Jersey Counties: Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union, Warren. Regional Wage Analyst, Bureau of Labor Statistics, Room 713, Parcel Post Building, 341 Ninth Avenue, New York, New York.

Delaware, District of Columbia, Maryland, Pennsylvania, New Jersey Counties: Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean, Salem. Regional Wage Analyst, Bureau of Labor Statistics, Room 1634, Widener Building, Chestnut and Juniper Streets, Philadelphia, Pennsylvania.

Arkansas, Iowa, Kansas, Missouri, Nebraska. Regional Wage Analyst, Bureau of Labor Statistics, 3000 Fidelity Building, Kansas City, Missouri.

Arizona, California, Nevada. Regional Wage Analyst, Bureau of Labor Statistics, Room 410-412, Golden Gate Building, 25 Taylor Street, San Francisco, California.

A separate office for the Southern California area is maintained at: Room 1529, Post Office and Court House Building, Los Angeles, California.

Oregon, Washington. Regional Wage Analyst, Bureau of Labor Statistics, 516 Seaboard Building, Seattle, Washington.

(4) In the case of shipbuilding and railroad contracts, affidavits and payrolls will be submitted for payroll periods ending nearest May 15 and November 15 to the Bureau of Labor Statistics, Washington, D. C.

(d) Submission of subcontractor summaries. Each contractor or subcontractor shall within seven days after the making of any subcontract with another person concerning work subject to the Act deliver to the contracting officer or such other officer as may be designated for such purpose by the chief of the technical service, an affidavit setting forth the name and address of his subcontractor and a summary description of the precise work subcontracted. After such examination and check as may be made, such affidavit or a copy thereof shall be transmitted by the contracting officer or other designated officer directly to the Bureau of Labor Statistics, U. S. Department of Labor, Washington, D. C.

(Title 29-A Department of Labor Regulations 2.4 (b)) (29 CFR, Cum. Supp., 3.4 (b)).

(e) Authorized payroll deductions. Deductions for the following purposes are permissible:

(1) Where required by Federal, State, or local statutes or ordinances to be made by the employer from the wages earned by the employee;

(2) Bona fide prepayment of wages without discount or interest;

(3) Deductions required by court process provided that the contractor or subcontractor will not be permitted to make such a deduction in favor of the contractor, subcontractor, or any affiliated person or where collusion or collaboration exists. (Title 29-A Department of Labor Regulations 2.5 (a)) (29 CFR, Cum. Supp., 3.5 (a)).

(f) Authorized payroll deductions. Any deduction is also permissible which in fact meets the following standards and with respect to which the contractor or subcontractor shall have made written application by registered mail to the Secretary of Labor, a copy of which application shall be sent to the contracting agency by the contractor or subcontractor setting forth all the pertinent facts, indicating that such deductions will meet the following standards:

(1) That such deduction is not prohibited by other law; and

(2) That such deduction is (i) voluntarily consented to by the employee in writing and in advance of the period in which the work was done, and that consent to the deduction is not a condition either for the obtaining of or for the continuance of employment; or (ii) that such deduction is for the benefit of the employees or their labor organization through which they are represented and is provided for in a bona fide collective bargaining agreement; and

(3) That from such deduction no payment is made to, nor profit or benefit is obtained directly or indirectly by the contractor or subcontractor or any affiliated person, and thật nó portion of the funds, whether in the form of a commission or otherwise, will be returned to the contractor or subcontractor or to any affiliated person; and

(4) That the convenience and interest of the employees are served thereby, and that such or similar deductions have been customary in this or comparable

situations. (Title 29-A Dept. of Labor Regulations 2.5 (b)). (29 CFR, Cum. Supp., 3.5 (b)).

(g) Authorized payroll deductions. After application in good faith, the deduction may be made in accordance with the foregoing standards: Provided, however, That if the Secretary of Labor, on his own motion, or on the application of any person or agency affected by the granting of the application, shall conclude at any time, after written notice to the applicant and an opportunity for him to present his views in support of the deduction, that the deduction has not met the foregoing standards, such deductions shall cease to be "permissible" seven days after the applicant and the Federal agency concerned have been notified of the Secretary's decision. (Title 29-A Department of Labor Regulations 2.5 (c)). (29 CFR, Cum. Supp., 3.5 (c)).

(h) Authorized payroll deductions. Upon application to and prior written permission from the Secretary of Labor, and subject to the standards set forth in paragraph (f), deductions may be made by a contractor or subcontractor or any affiliated person, for membership fees in group benefit or retirement associations; for board and lodging; or for other purposes where the Secretary of Labor concludes the deduction is required by compelling circumstances; provided, however, the contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction. A copy

of the Secretary's decision shall be sent to the applicant and the Federal agency concerned. (Title 29-A Department of Labor Regulations 2.5 (d)). (29 CFR, Cum. Supp., 3.5 (d)).

(i) Authorized payroll deductions. In accordance with and subject to the standards set forth in paragraph (f), general permission is hereby granted to make payroll deductions for:

(1) The payment of the purchase price of United States Defense Stamps and Bonds and United States Tax Savings Notes;

(2) The repayment of loans to or the purchase of shares in credit unions organized and operated in accordance with District of Columbia, Federal, or State credit union statutes.

(3) Contributions to a Federal governmental or quasi-governmental agency.

(Title 29-A Department of Labor Regulations 2.5 (e)). (29 CFR, Cum. Supp., 3.5 (e)).

(j) Restricted payments prohibited. In any case in which the employee does not have full and actual freedom of disposition of his wage payment, whether made in cash or by check, any restricted payment made to the employee is considered a deduction under the regulations in this part. (Title 29-A Department of Labor Regulations 2.5 (h)). (29 CFR, Cum. Supp., 3.5 (h)).

(k) Lack of knowledge no defense. Nothing herein shall be construed to permit any deduction which the contractor or subcontractor knew, or in the exercise of good faith should have known, did not meet the foregoing standards. In order to insure compliance with this section, the Secretary of Labor may notify the contractor or subcontractor that the deduction will be permitted only if certain conditions with respect thereto are observed. The contractor or subcontractor or any affiliated person shall also comply with such general rules and regulations concerning the deductions as the Secretary of Labor shall make from time to time, notice of which shall have been given to the contractor or subcontractor or any affiliated person making the deduction and to the Federal agency concerned either directly or through publication in the FEDERAL REGISTER. (Title 29-A Dept. of Labor Regulations 2.5 (g)). (29 CFR 3.5 (g)).

(1) Request for advisory opinions. The Secretary of Labor will furnish an opinion regarding the coverage of any specific project or with respect to the application of any provisions of the regulations in this part at the request of any Federal or State agency. Request for any such opinion shall be submitted through the chief of the technical service to the Industrial Personnel Division, Headquarters, Army Service Forces, for submission through channels to the Secretary of Labor. (Title 29-A Department of Labor Regulations 2.7). (29 CFR, Cum. Supp., 3.7).

§ 809.909 Alternative procedures for railway carriers. By letters of October 5, 1942 and January 22, 1943 from the Secretary of Labor to the Secretary of War, a partial exemption regarding the submission of weekly reports above described in § 809.908 (a) was granted to railway carriers and an alternative method for obtaining permission of the

Secretary of Labor to make certain types of deductions was approved. Copies of these letters may be obtained from the office of the Labor Relations Branch, Industrial Personnel Division, Headquarters, Army Service Forces.

Subpart D-Davis-Bacon Act

§ 809.910 Basic law. The act as amended requires as to every contract to which it applies:

(1) That a scale of minimum wages for every class of mechanics or laborers employed shall be set out in the specifications (in cases where specifications are advertised for bids).

(2) That a minimum wage scale must be included in the contract together with a stipulation that the same will be observed whether contracts are let on bids or not.

(3) The inclusion of certain additional provisions referred to hereinafter for the administration and enforcement of the required stipulations.

Act of March 3, 1931 (46 Stat. 1494), as amended by act of August 30, 1935 (49 Stat. 1011), act of June 15, 1940, (54 Stat. 399), and act of March 23, 1941, (55 Stat. 53-40 U. S. C. 276 a, a-1 to a-7), M. L. 1939 and Sup. I, sec. 746.

(a) Form of provisions required. The form of provisions required by regulation in contracts to which the Act applies is set out in § 803.343 and 803.343 (a). (Title 29-A, Department of Labor Regulations 2.6). (29 CFR, Cum. Supp., 3.6).

§ 809.911 Applicability; character of contracts covered. The act as amended applies to all contracts in excess of $2000 to be performed in any of the States of the United States, the Territory of Alaska, the Territory of Hawaii or the District of Columbia, for construction, alteration or repair including painting or decorating of public buildings or public works where the same require or involve the employment of mechanics or laborers. The act applies to contracts entered into upon a cost-plus-a-fixed-fee basis or otherwise with or without advertising for bids, as well as to contracts entered into upon a lump sum basis.

nishing of materials, or servicing and maintenance work.

(b) Definition of "construction", or "repair". The Secretary of Labor has defined the above terms as used in the act and in the Copeland Act covered in Subpart C above as, in substance including all types of work done under a construction contract such as altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work by persons employed at the site by the contractor or subcontractor. (Title 29-A Department of Labor Regulations 2.2 (b)). (29 CFR, Cum. Supp., 3.2 (b)).

(c) Exceptions. The law does not apply to contracts between the War Department and any one of the several States of the Union or the political subdivisions thereof. The law, however, is applicable to any subcontract covering any part of the work covered by such prime contract with a State (or political subdivision thereof) where it is sublet to a private contractor.

(d) Exceptions based on nature of work contemplated by contract. The Act does not apply to:

(1) Contracts for servicing and maintenance work generally (Title 29-A, Department of Labor Regulations, 2.2 (a)). (29 CFR, Cum. Supp., 3.2 (a)).

(2) Contracts for manufacturing and furnishing materials or supplies (See Title 29-A, Department of Labor Regulations; 2.2 (a) (29 CFR, Cum. Supp., 3.2 (a)), and servicing and maintenance work incident thereto.

(3) Contracts covering the furnishing of equipment and operating personnel for work only incidental to public works (see 19 Comp. Gen. 467, Dec. B-6009, Nov. 1, 1939.).

(e) Exceptions, “servicing and maintenance work" defined. The terms "servicing and maintenance work" as used in subparagraphs (3) and (4) of paragraph (d) above, include:

(1) Movement of machinery into or out of or from one part to another part of a building or plant completed or substantially completed.

(2) Installation of machinery, machine tools or other equipment in a plant

Page 951

or building completed or substantially completed.

(3) Plant rearrangement and production facilities adjustment or alterations incident to (1) or (2) above.

NOTE: This definition in connection with subparagraphs (3) and (4) of paragraph (d) does not relate to servicing and maintenance prosecuted by a construction contractor as a part of construction work.

(f) Exceptions based on other grounds. The act does not apply to:

(1) Contracts for construction, alteration or repair, though otherwise meeting the tests of coverage hereinabove set out, where the place of performance of the contract is not known or cannot be reasonably ascertained at the time the contract is negotiated.

(2) Contracts with railroad carriers and airline carriers engaged in interstate or foreign commerce, or subcontracts let to such carriers for the construction, alteration or repair of railways, or other facilities, insofar as such contracts involve railways or other facilities, insofar as such contracts involve wage rates payable to employees of such carriers operating under collective bargaining agreements with such carriers made agreeable to the provisions of the Railway Labor Act, as amended. (Letter March 14, 1942 from the Secretary of Labor to the Secretary of War, and amendment dated April 10, 1936, 49 Stat. 1189, 45 U. S. C. 181 through 188, of the "Railway Labor Act" of 1926).

(g) Determination by chief of technical service. The act contemplates an administrative determination of the application of the law to particular contracts and the War Department is authorized to make such determination. The chief of the technical service involved will determine within his own office whether the foregoing regulations require the inclusion of Davis-Bacon (and Copeland) act provisions in any particular contract. In cases of doubt the question, accompanied by full statement of the facts, shall be referred to the Industrial Personnel Division, Headquarters, Army Service Forces, for determination.

§ 809.912 Regulations, forms and procedures-(a) Regulations. The regulations of the Secretary of Labor described in § 809.908, where pertinent, are applicable to all contracts subject to the act.

(b) Regulations. Part 1 of Title 29 prescribes the procedures to be followed in predetermining prevailing rates of wages. Whenever a request for wage rate predeterminations is made by the contracting officer and referred to the Secretary of Labor in accordance with the procedures hereinafter described, the necessary steps to obtain evidence upon which the Secretary may make the requisite predeterminations are to be taken by the Solicitor of Labor in accordance with the provisions of Part 1 of Title 29.

(c) Forms. Wage rate predeterminations are to be requested on Forms DB11, accompanied by Forms DB-15, issued by the Department of Labor (see paragraphs (e) and (f) below). Reports of violations are to be made on standard Form No. 1093 (see paragraph (g) below).

(d) How obtained. Copies of pertinent regulations and forms will be obtained by the chief of the technical service directly from the Department of Labor for distribution to those concerned. The chiefs of the technical services are responsible for the supplying of the necessary regulations and forms to their contracting officers.

(e) Procedures; request for wage rate predeterminations. Prior to entering into negotiations for awarding a contract to which the basic law is applicable, the contracting officer will request the Secretary of Labor, through the chief of the technical service concerned, to predetermine the wage rates to be contained in the contract. This request will be made on Department of Labor Form DB-11, and the instructions on that form will be followed. Since the Department of Labor has stated that the basic law does not apply to the following positions, no predetermination of wages is necessary in their cases:

In

cated in paragraph (e) above will be accompanied by one or more copies of Department of Labor Form DB-15, executed in accordance with the instructions on that form, which require a separate form for each occupation. filling out this form, the contracting officer will consult the following and consider the information obtained therefrom in forming the opinion which he is required to state on the form:

(1) The Building Trades Council (or some other local federation or council of the various craft unions),

(2) Independent labor organizations not allied with the local Building Trades Council,

(3) Municipal officials (the commissioner of public works, the city clerk or other officials in charge of municipal construction who have data on the wage rates paid on city projects),

(4) The employers' organizations (such as Master Builders, the Master Painters, or other contractors' associations, the local chamber of commerce, etc.),

(5) Individual contractors and architects in the locality,

(6) The State Labor Department or its equivalent,

(7) The contracting officer and supervising superintendent, and

(8) The local office of the United States Employment Service or affiliated agency.

(g) Procedures; service commands, Requests by commanding generals of service commands to the Department of Labor for the confirmation or establishment of prevailing wage determinations for construction work prosecuted under a contract to which the provisions of the act are applicable, should be channeled through the Division Engineer of the Corps of Engineers, who will forward the request to the Department of Labor through the Chief of Engineers. The Division Engineer has available current Davis-Bacon wage rate schedules to be employed in the award of such contracts and trained personnel familiar both with War Department construction policies and the technical requisites for procuring proper wage determinations.

(h) Reports of violations. Where a contracting officer finds that any laborer or mechanic employed by a contractor or subcontractor on work subject to the

act has been or is being paid wages less than the wages required by the contract to be paid, the contracting officer will make a report on standard Form No. 1093 (schedule of deductions from payment to contractors) executed as completely as possible from his records to the disbursing officer. The latter will complete the execution of the form from his records and transmit it to the office indicated on the form. (Circular letter A-34106, February 28, 1936 of the Comptroller General.)

§ 809.913 Policy regarding construction and maintenance work. See Subpart F of Part 802.

Subpart E-Walsh-Healey Public
Contracts Law

§ 809.916 Basic law. (a) Act of 30 June 1936 (49 Stat. 2036), as amended by the act of 13 May 1942 (56 Stat. 277); 41 U. S. C. 35-45; M. L., 1939, sec. 747. The act of 30 June 1936 is quoted in "Rulings and Interpretations, September 29, 1939, Walsh-Healey Public Contracts Act," and the effect of the amendment of 13 May 1942 is explained in the Supplement to that publication (see §§ 809.917 (a) and 809.918 (a) below).

§ 809.917 Applicability. (a) Generally, the law is applicable to all contracts for the purchase of supplies when the amount thereof exceeds $10,000. The publication of the Department of Labor entitled "Rulings and Interpretations, September 29, 1939, Walsh-Healey Public Contracts Act," as supplemented by Supplement published January 24, 1944 (Cir. Let. No. 1-44, February 4, 1944, Dept. of Labor), and paragraph (b) below, contain detailed information as to the contracts which are subject to and those which are exempt from the act.

(b) The following changes and additions to the regulations referred to in paragraph (a) above have been published:

(1) Individuals, corporations, or other organizations, not manufacturers or regular dealers as defined by the act, but acting at the instance of Defense Production Associations certified by the War Production Board, are exempt from the representation and stipulation required by section 1 (a) of the act.

(2) All Emergency Plant Facilities Contracts executed on an approved form are exempt from the act.