department of labor: aam86
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U.S. DEPARTMENT OF LABORWAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONSWASHINGTON, D.C. 20210DAT E: FE B 11 1970Reply toAttn of: GCSWSSubject: MEMORANDUM # 86To: AGENCIES ADMINISTERING STATUTES REFERREDTO IN 29 CFR, SUBTITLE A, PART 5Re: Site of the Work and Contract Performance Under theDavis-Bacon and Related ActsThe enclosed principles regarding "site of the work" are followedby the Wage and Hour Division in carrying out its enforcement andadministrative responsibilities under the Davis-Bacon Act. Theprinciples apply equally to Federally-assisted contracts under theRelated Acts. They are furnished for your assistance and guidancein carrying out your responsibilities under the Davis-Bacon andRelated Acts.Robert D. Moran, AdministratorWage and Hour and Public Contracts DivisionsU. S. Department of LaborEnclosure
U. S. DEPARTMENT OF LAEOR
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tain machinery used in contract performance, or make doors,windows, frames, or forms. Regardless of the activities per-formed at such establishments, the Secretary's wage ratedetermination does not apply because they do not constitutethe "site of the work". However, if such mechanics orlaborers are required to go to a place which is the "site ofthe work" to perform activities on the contract there, theSecretary's wage rate decision is applicable for the actualtime so spent, not including travel.(b.) Contracts with bona fide material suppliers or with manufac-turers to produce, supply or deliver items to the "site of thework" for use in the construction activities are not subject toDBRA, nor is transportation by common carrier over regular routes.However, if such a materialman manufacturer or carrier undertakesto perform a contract, or some part of a contract as a subcontractor,his mechanics and laborers employed at the "site of the work" aresubject to the Secretary's wage rate decision in the same manneras those employed by any other contractor or subcontractor.