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B-146824 1 (1975-05-28)

handle is hein.gao/gaobadcjr0001 and id is 1 raw text is: V. DLER 0 0 . THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. D.C. 20548 97 70 FILE: B-146824 DATE: May 28, 1975 MATTER OF: D. E. Clarke DIGEST: Concerning contracts for both construction and non- construction work, GAO has had no objection to con- tracting officers following applicable criteria set forth in ASPR § 12-106.1 which provides that Davis-Bacon Act, 40 U.S.C. 276a, is applicable where contract con- tains specific requirements for substantial amounts of construction work, or it is ascertainable at contract - date that substantial amount of construction work will be necessary for contract performance, or construction work is physically or functionally separate from other contract work. By letter dated April 30, 1975, the Assistant Administrator, Employment Standards Administration, Wage and Hour Division, Department of Labor, requested an interpretation of.A certain portion of the D. E. Clarke decision, B-146824, October 17, 1974, relating to the application of the Davis-Bacon Act, 40 U.S.C. 276a, to construction work performed pursuant to specifications contained in operation and maintenance contracts subject to the Service Contract Act, 41 U.S.C. 351, et seq. The decision of October 17, 1974, contained the following statement, which was quoted from one of our earlier decisions, 40 Comp. Gen. 565 (1961): * * * it is not necessarily the nature of specific work but contract content which governs applicability; whether or not the work to be done is in the nature of repairs or maintenance is not the sole determinative factor. A proper test to determine applicability would be whether or not a contract essentially or substantially contemplates the performance of work described by the enumerated items. [construction, alteration, and/or repair, including painting and decorating]. - 1 -