U. S. DEPARTMENT OF LABOR
OFFICE OF THE SOLICITOR
WASHINGTON 25
SEP 23 1961
MEMORANDUM # 26
TO: AGENCIES ADMINISTERING STATUTES REFERRED TO IN 29
CFR, SUBTITLE A, PART 5.
FROM: James M. Miller
Assistant Solicitor
SUBJECT: Opinions on application of the Davis-Bacon and related
Acts.
Enclosed with previous covering memoranda, copies of
opinions on the application of the Davis-Bacon and related Acts
were furnished you for information and guidance in your enforce-
ment programs under those Acts.
We are now enclosing a copy of a recent opinion on
this same general subject, which we are sure will be of further
interest and assistance to you.
Enclosure





































RECEIVED
DEC 1 21984
WAGE HOUR
Dear
This refers to RFP F04704-84-R0045 recently issued by Norton Air
Force Base for "Assembly and Checkout of Peacekeeper Missile in
Minuteman Silos".
Mr. Robert A. Georgine, President of the Building and
Construction Trades Department, AFL-CIO, has advised us that the
missile silo modification work involved in this RFP has been
classified by the Air Force as heavy construction for purposes of
Davis-Bacon wage determinations and that WY84-5009 is
incorporated therein.
Construction work of any type on missile silos has historically
been characterized as building construction. This long standing
policy, for instance, was set forth in Opinion Letter of
Solicitor of Labor No. DB-11, dated August 29, 1961 (copy
enclosed). Moreover, we are unaware of any construction practice
information that would support a different conclusion. In the
absence of any such information, it is our position that the RFP
described above should incorporate Wage Determination WY83-5114.
Your assistance in ensuring that this action is taken will be
appreciated. This decision for building construction was
published in the Federal Register on July 15, 1983 with
modifications thereto published on July 29, 1983, August 12, 1983
and August 3, 1984. A copy of this letter is being forwarded to
Mr. Georgine.
Sincerely,
JAMES L. VALIN
William M. Otter
Administrator