U. S. DEPARTMENT OF LABOR
OFFICE OF THE SOLICITOR
WASHINGTON 25
December 5, 1960
MEMORANDUM #20
TO: AGENGIES ADMINISTERING STATUTES TO IN 29 CFR,
SUBTITLE A, PART 5.
FROM : Harold C. .Nystrom 
Acting Solicitor of Labor
SUBJECT: Section 5.6(c) Regulations 29 CFR , Subtitle A, Part 5
Section 5.6(c) of Regulations, Part 5, provides as follows:
“(c) Under the Davis-Bacon Act the contracting
officer shall require that any class of laborers
and mechnics not listed in the Secretary's de-
cision, which wi11 be employed on the contract,
shall be classified or reclassified by the con-
tractor or subcontractor conformably to the
Secretary's decision and a report of the admini-
strative action taken in such cases shall be
transmitted by the agency to the Secretary of
Labor. In the event the interested parties can-
not agree on the proper classification or re-
classification of a particular class of laborers
and mechanics to be used, the question, accom-
panied by the recommendation of the contracting
officer, shall be referred to the Secretary of
Labor for final determination. Where classifi-
cations of laborers and mechanics are desired
under any of the other statutes listed in-sec-
tion 5.1 which were not included in the original
decision, a supplementary wage determination
shall be requested by the Agency Head."
A question has been raised as to the date to be used in set-
tihg a wage rate for an additional classification where such a classi-
fication has been omitted from determination issued by this Depart-
ment in accordance with the provisions of the Davis-Bacon Act, as mended.





















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It is the position of this Department that the wage minimum for such
a classification should be based on information showing the rate pre-
vailing for this classification five days prior to the opening of bids
for the contract in question.
In order that this Department may be consistent with the
above in issuing additional classifications and wage rates in supple-
mentary wage determinations for projects subject to Federal prevailing
wage laws other than the Davis-Bacon Act, it is requested that in re-
questing such supplementary action the requesting agencies furnish to
this Department the date on which the bids were opened for the contract
to which the determination in question is applicable.