U.S. Department of Labor 
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210
NOV 18 1996
MEMORANDUM NO. 187
TO: All Government Contracting Agencies of the
Federal Government and the District of Columbia
FROM: MARIA ECAVESTE
Administrator
SUBJECT: Application of Labor Standards Provisions to
Hazardous Materials (HAZMAT) Cleanup Contracts
The Department of Labor-has received numerous complaints
regarding the misapplication of the McNamara-O'Hara service
Contract Act (SCA) and the Davis-Bacon Act (DBA) to the subject
contracts. Accordingly, All Agency Memorandum No. 155,
originally issued on March 25, 1991, is reissued to provide
guidance with respect to proper application of DBA and SCA to
HAZMAT cleanup contracts. In addition, copies of pertinent
materials developed by the Environmental Protection Agency, in
conjunction with the Department of Labor, are also attached to
provide such guidance.
In all future-situations where a contracting agency submits an
SF-98 for a wage determination under SCA, the SF-98 should
clearly identify that the contract is for HAZMAT cleanup and
should describe as completely as possible the scope of work to be
.performed under the contract (see attached example). If there
are any concerns as to proper labor standards coverage, the SF-
98 submittal should also include a copy of the contract statement
of work for coverage review by this Department.
Attachments
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GRAPHIC – “SUPERFUND GUIDANCE DAVIS-BACON ACT/SERVICE CONTRACT ACT AND RELATED BONDING”