U.S. Department of Labor 
Employment Standards Administration
Wage and Hour Division
Washington. D.C 20210
JAN 29 1992
MEMORANDUM NO. 161
TO: ALL CONTRACTING AGENCIES OF THE FEDERAL
GOVERNMENT AND THE DISTRICT OF COLUMBIA
FROM: JOHN R. FRASER
Acting Administrator
SUBJECT: Implementation of Revisions to Davis-Bacon
Regulations, 29 CFR Parts 1 and 5
On December 4, 1990, the Department of Labor (DOL) published
in the Federal Register (55 FR 50148) its notice implementing
revised final Davis-Bacon regulations, 29 CFR Parts 1 and 5
(attached hereto), governing the use of semi-skilled "helpers"
on federal and federally-assisted construction contracts subject
to the Davis-Bacon and Related Acts. The final rule, published
on January 27, 1989 (54 FR 4234), became effective on February 4,
1991.
On January 2, 1991, All Agency Memorandum (AAM) No. 154 provided
initial instructions for implementing the subject regulatory
changes. However, Section 303 of the Dire Emergency Supplemental
Appropriations Act prohibited the use of Department of Labor
appropriated funds to implement or administer these "helper"
regulations. The Solicitor of Labor has advised that implementa-
tion is now legally permissible. Therefore, the revised contract
clauses set forth at section 5.5 of 29 CFR Part 5 should be
incorporated in all contracts for which bids are solicited or
negotiations concluded on or after the date of this memorandum.
The Department is currently evaluating the effect of these
regulations on contracts awarded or solicited between February 4,
1991 and this date. Additional information on this matter, as
well as more general information on the application of the
"helper" regulations will be provided to you shortly.
If we can be of any assistance in answering questions, please
contact Dr. Alan L. Moss or his staff, who can be reached at
(202) 523-7531.
Attachment





















GRAPHIC – “Federal Register Vol. 55. No.233/ Tuesday, December 4, 1990”