U.S. Department of Labor 
Employment standards Administration
Wage and Hour Division
MEMORANDUM NO. 153
TO: All Government Contracting Agencies of the
Federal Government and the District of Columbia
FROM: SAMUEL D. WALKER
Acting Administrator
SUBJECT: Application of the Davis-Bacon Act to Contracts
for Asbestos and/or Paint Removal
This memorandum clarifies the application of Government contract
labor standards coverage to contracts calling for asbestos or
paint removal from public buildings or public works and struc-
tural components thereof. We have learned that some contracting
agencies are incorporating the Davis-Bacon Act (DBA) requirements
in these contracts while others are including the McNamara-
O'Hara Service Contract Act (SCA) requirements. To ensure
greater consistency, we are providing unitary guidance on the
subject.
The DBA applies to Federally-financed contracts in excess of
$2,000 for the construction, alteration, and/or repair, including
painting and decorating, of a public building or a public work.
The SCA applies to Government contracts, the principal purpose of
which is the furnishing of services through the use of service
employees.
We have determined, after substantial review, that removal of
asbestos or paint from public buildings or public works con-
stitutes building alteration within the statutory language of DBA
because asbestos or paint removal clearly alters those buildings
or works, regardless of whether subsequent reinsulating or re-
painting is being considered. This view is consistent with
previous determinations that contracts for sandblasting or
hydrostatic cleaning of public buildings are subject to DBA.
Accordingly, any Federal or District of Columbia contract in
excess of $2,000 that calls for asbestos or paint removal is
subject to DBA and must include its stipulations and the appli-
cable wage decision.