8/14/2019 Department of Labor: AAM171

1/4

U.S. Department of LaborEmployment Standards AdministrationWage and Hour DivisionWashington, D.C. 20210MAR 10 1993MEMORANDUM NO. 171TO: ALL CONTRACTING AGENCIES OF THE FEDERAL GOVERNMENT

AND THE DISTRICT OF COLUMBIAFROM: CKARLES E. PUGHActing AdministratorSUBJECT: Revocation of Proclamation No. 6491 Suspending theDavis-Bacon and Related Acts ProvisionsBy Proclamation No. 6491 of October 14, 1992, former PresidentBush suspended the provisions of the Davis-Bacon and related Actsin areas affected by Hurricanes Andrew and Iniki. See All AgencyMemoranda 167 and 168. On March 6, 1993, President Clintonrevoked Proclamation No. 6491 and reinstated the protections ofthe Davis-Bacon and related Acts in these areas.AFFECTED CONTRACTS AND SOLICITATIONSThe March Proclamation (copy attached) revokes Proclamation No.

6491 of October 14, 1992,. . . as to all construction contracts for which bidsare opened or negotiations concluded on or afterfifteen (15) days after the date of this Proclamation,whether direct Federal construction or federallyassisted construction subject to Proclamation No. 6491.Contracts awarded without Davis-Bacon provisions during theperiod beginning October 14, 1992, and ending March 20, 1993, areunaffected, and any subcontracts awarded thereunder should notcontain prevailing wage determinations regardless of the date thesubcontracts are entered into or the period in which they areperformed. Contracts for which bids are opened or negotiationsare concluded on or after March 21, 1993, including any

procurement actions that are resolicited or postponed so that thebid opening occurs on or after March 21, 1993, must incorporatethe Davis-Bacon provisions and applicable wage determinationsunder governing procurement laws and regulations.

-2-

8/14/2019 Department of Labor: AAM171

2/4

For projects assisted under the National Housing Act, the date ofthe initial endorsement of the mortgage or the start ofconstruction, whichever occurs first, is the date governingapplication of the Davis-Bacon provisions. Where the earliest ofthese events (initial endorsement of the mortgage or the start ofconstruction) occurs on or after March 21, 1993, Davis-Baconprovisions are applicable to the project. Similarly, projectsreceiving housing assistance payments under section 8 of the U.S.

Housing Act of 1937, are subject to the Davis-Bacon laborstandards where the agreement to enter into a housing assistancepayment contract is executed or construction is started,whichever occurs first, on or after March 21, 1993.WAGE DETERMINATIONSEvery solicitation that is modified to incorporate the Davis-Bacon provisions as a result of the reinstatement must includethe appropriate current Davis-Bacon wage determination(s), andeach resolicitation must incorporate the appropriate wagedetermination(s) in effect on the date the new solicitation isissued. General wage determinations for the affected geographicareas have been revised, and the current prevailing wage ratesare reflected in the 1993 edition of the Government Printing

Office publication entitled General Wave Determinations IssuedUnder the Davis-Bacon and Related Acts. This publicationcontains general wage determinations issued pursuant to section1.5 of Regulations, 29 CFR Part 1. Agencies may use such generalwage determinations without notifying the Department of Laborprovided that any questions concerning their use are referred tothe Department of Labor in accordance with section 1.6(b) ofRegulations, Part 1. See All Agency Memorandum No. 169 datedFebruary 18, 1993.Any solicitation issued prior to the October 1992 suspension ofthe Davis-Bacon provisions which was not modified to delete theDavis-Bacon provisions and a previously applicable general wagedetermination, and was not awarded during the period of the

suspension, must include the appropriate current general wagedetermination pursuant to section 1.6(c)(3)(iv) of Regulations,Part 1, unless the agency obtains an extension of the originalwage determination in accordance with that same section of theRegulations. Unexpired project wage determinations that wereissued prior to the suspension may be incorporated in anysolicitations for which the wage determinations were originallyissued. Agencies need not request a new project determination ifan existing project wage determination has not expired unless thecontract specifications are substantially changed from thoseestablished at the time the initial project wage determinationwas issued. Such changes warrant the issuance of a new wage

-3-determination. Expired project wage determinations may not be

8/14/2019 Department of Labor: AAM171

3/4

utilized unless extended in accordance with section 1.6(a)(1) ofRegulations, Part 1.Requests for project wage determinations will be handled pursuantto previously established procedures. Every effort will be madeto respond to requests for wage determinations as expeditiouslyas possible. To request special handling of needed project wagedeterminations, contracting agency officials may contact theBranch of Construction Wage Determinations at (202) 219-7443.

CONTRACT CLAUSESPursuant to Department of Labor Regulations, 29 CFR Part 5,contracting officers are required to incorporate the laborstandards clauses set forth in section 5.5 of Regulations,Part 5, in full into any covered solicitation or contract forconstruction. See also the Federal Acquisition Regulations at48 CFR 22.407. Pursuant to Regulations, Part 5, and All AgencyMemorandum No. 168, the Department of Labor authorized themodification of those contract clauses to omit certain laborstandards requirements deemed unnecessary during the suspensionof the Davis-Bacon and related Acts. That authority is herebyrescinded. Contracting agencies should incorporate the pertinentclauses as set forth in Regulations, Part 5, in their entirety

into any contracts which, as a result of the revocation of thesuspension, now require the payment of prevailing wage rates inaccordance with the Davis-Bacon Act.Attachment

THE WHITE HOUSEOffice of the Press SecretaryFor Immediate Release March 8, 1993

8/14/2019 Department of Labor: AAM171

4/4

TO REVOKE PROCIAMAT10N NO. 6491 OF OCTOBER 14, 2992BY THE PRESIDENT OF THE UNITED STATES OF AMERICAA PROCLAMATIONWHEREAS, the provision of the Davis-Bacon Act ofMarch 34. 1931 (46 Stat. 1494, as Amended), and the provisionsof all other acts, Executive orders, proclamations, rules,regulations, or other directives providing for the payment oflocally prevailing wages, which provisions are dependent upon

determinations by the Secretary of Labor under the Davis-BaconActs were suspended by Proclamation 50. 6491 of October 14,1992, within specified geographic areas affected by HurricanesAndrew and Iniki until otherwise provided;NOW, THEREFORE, 1, WILLIAM J. CLINTON, President of theUnited States of America, acting under the authority vested inme by the Constitution and the laws of the United States ofAmerica, do by this Proclamation revoke Proclamation No. 6491of October 14, 1992, as to all construction contracts forwhich bids are opened or negotiations concluded on or afterfifteen (15) days after the date of this Proclamation, whetherdirect Federal construction or federally assisted constructionsubject to Proclamation No. 4491.

IN WITNESS WEEREOF, I have hereto set my hand thissixth day of March, in the year of our Lord nineteen hundredand ninety-three, and of the Independence of the United Statesof America the two hundred and seventeenth.WILLIAM J. CLINTON