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thecontractingguy

Davis Bacon Wage Determination For Non Construction

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I'm looking for opinions on whether Davis Bacon wage determination is needed and to be included in solicitations for requirements that include such services as concrete bore drilling or services for lighting installation.  This is not for new construction type work, rather repair/refresh of current buildings.  Also types of services such as installing a new fire alarm system in a currently occupied building.  I have a vendor asking for the Davis Bacon wage rates and I am determining if that would apply (concrete boring in existing structure).

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26 minutes ago, thecontractingguy said:

I'm looking for opinions on whether Davis Bacon wage determination is needed and to be included in solicitations for requirements that include such services as concrete bore drilling or services for lighting installation.  This is not for new construction type work, rather repair/refresh of current buildings.  Also types of services such as installing a new fire alarm system in a currently occupied building.  I have a vendor asking for the Davis Bacon wage rates and I am determining if that would apply (concrete boring in existing structure).

The Department of Labor is the authority to ask but some of what you describe would likely be classified as construction. You weren't clear whether this is to be under an ID/IQ or separate contracts. 

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This is in regards to a standalone purchase order.  The example would be the purchase and installation of a new fire alarm system in an existing building.  What causes me hesitation is whether or not this would apply under FAR part 22 because I'm not sure if it would be deemed a type of construction. 

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36 minutes ago, thecontractingguy said:

This is in regards to a standalone purchase order.  The example would be the purchase and installation of a new fire alarm system in an existing building.  What causes me hesitation is whether or not this would apply under FAR part 22 because I'm not sure if it would be deemed a type of construction. 

It is alteration of a public building, adding a new system, not servicing an existing building system. Call the Wage and Hour Division  if you want to confirm.

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Repair by changing out a building lighting system is construction, requiring the use of electrical trades. 

 Call the Wage and Hour Division  if you want to confirm. 

There is some discussion of distinctions between construction and services in the DFARS because DoD has worked out definitions with DOL . 

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1 hour ago, ji20874 said:

I think you'll find your answer in FAR 22.400 and 22.402.

ji - not really.   DOL has issued numerous decisions and memos that discuss coverage of the DB vs. services, etc.  There are some tricky interpretations sometimes. 

However, installing a new fire alarm system in a building isn't a service or supply for the labor portion.

https://www.wdol.gov/aam.aspx

Chapter 5 of the USACE  Engineer Regulation 1180-1-8 Labor Relations in Construction, dated 30 Dec 16 is :"APPLICABILITY OF CONTRACT LABOR PROVISIONS TO VARIOUS SITUATIONS, CONDITIONS, AND WORK ACTIVITIES" and is based largely upon numerous DOL decisions. 

http://www.publications.usace.army.mil/USACE-Publications/Engineer-Regulations/udt_43546_param_orderby/Proponent/udt_43546_param_direction/ascending/

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Really -- that's exactly where the answer will be found.  There is no expectation that every contracting officer will contact the DOL for a determination for every acquisition.  

At least, FAR 22.402 is the starting point.  If the original poster will read FAR 22.402, I think he or she will find the answer to the question.

However, you are right that the AAMs do provide clarifications on a few hard-to-judge or esoteric situations.  

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19 hours ago, thecontractingguy said:

I have a vendor asking for the Davis Bacon wage rates

I find this statement by the OP to be very interesting so posting for thoughts.

The contractor is ultimately responsible for determining whether SCA or DB is applicable to the work.   The Government attempts to do its best to classify the work for application of either SCA or DB or both.   So my question is - So if the contractor truly asked for the DB determination why debate application as the contractor thinks it applies, has requested so why not give the determination  and call it good?

Question asked noting that the responding posts do give the OP some valuable information but still.......... 

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