U.S. Department of Labor Employment Standards Administration Wage and Hour Division Washington, D.C. 20210 OCT 16 1992 MEMORANDUM NO. 167 MEMORANDUM FOR ALL CONTRACTING AGENCIES OF THE FEDERAL GOVERNMENT AND THE DISTRICT OF COLUMBIA FROM: KAREN R. KEESLING Acting Administrator SUBJECT: Suspension of the Davis-Bacon Act and the Related Acts in Florida, Hawaii, and Louisiana On October 14, 1992, President Bush signed a proclamation, copy attached, suspending the Davis-Bacon Act in those areas seriously affected by the devastation resulting from Hurricanes Andrew and Iniki. The suspension proclamation was issued pursuant to section 6 of the Davis-Bacon Act, 40 U.S.C. 276a-5, and also applies to various related acts as well as any Executive order, proclamation, rule, regulation, or other directive requiring Davis-Bacon wage determinations. This suspension covers the counties of Broward, Collier, Dade, and Monroe in the State of Florida; the parishes of Terrebonne, Lafourche, St. Martin, Assumption, Iberia, St. John the Baptist, Iberville, St. Mary, Ascension, East Baton Rouge, Lafayette, St. Charles, St. Tammany, West Baton Rouge, West Feliciana, East Feliciana, Point Coupee, Jefferson, Acadia, Avoyelles, Cameron, Jefferson Davis, Orleans, Plaquemines, St. James, St. Bernard, Vermillion, Allen, Calcasieu, Evangeline, Livingston, Rapides, St. Helena, St. Landry, Tangipahoa, and Washington in the State of Louisiana; and the islands of Oahu, Maui, Hawaii, Kauai, Lanai, and Kahoolawe in the State of Hawaii. In the event that a single contract/project requires construction work in areas covered by the suspension, as well as in areas not covered by the suspension, the Davis-Bacon provisions must be applied to the work performed outside of the suspended area(s). The suspension will remain in force until otherwise provided and applies to all contracts entered into on or after October 14, 1992. Therefore, as of October 14, 1992, agencies should not request wage determinations for contracts to be awarded in the designated areas. - 2 - In the case of projects assisted under the National Housing Act, the applicable date is the beginning of construction or the initial endorsement of the mortgage, whichever occurs first. Thus, if either construction began or initial endorsement occurred prior to October 14, the Davis-Bacon provisions would be applicable to the project: In the case of projects to receive housing assistance payments under section 8 of the U. S. Housing Act, the applicable date is the beginning of construction or the execution of the agreement to enter into a housing assistance payments contract. Thus, if either of these two events occurred prior to October 14, the Davis-Bacon provisions would be applicable to the project. Contracts awarded prior to October 14 are not impacted by this suspension, and the determined rates apply to all covered work performed on such contracts. Thus, subcontracts to such prime contracts are subject to Davis-Bacon provisions irrespective of the date of subcontract. The provisions of the Act and regulations for enforcement of the contract requirements, including the conformance provisions for adding classifications and wage rates, continue to apply to such contracts. Questions regarding implementation of the suspension proclamation should be directed to Philip Gloss at (202) 219-7455. Attachment GRAPHIC – “TO SUSPEND TH DAVIS-BACON ACT OF MARCH 3, 1931 WITHIN A LIMITED GEOGRAPHICAL AREA IN RESPONSE TO THE NATIONAL EMERGENCY CAUSED BY ANDREW AND INIKI”