U.S. DEPARTMENT OF LABOR
WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS
WASHINGTON, D.C. 20210
DAT E: FE B 11 1970
Reply to
Attn of: GCSWS
Subject: MEMORANDUM # 86
To: AGENCIES ADMINISTERING STATUTES REFERRED
TO IN 29 CFR, SUBTITLE A, PART 5
Re: Site of the Work and Contract Performance Under the
Davis-Bacon and Related Acts
The enclosed principles regarding "site of the work" are followed
by the Wage and Hour Division in carrying out its enforcement and
administrative responsibilities under the Davis-Bacon Act. The
principles apply equally to Federally-assisted contracts under the
Related Acts. They are furnished for your assistance and guidance
in carrying out your responsibilities under the Davis-Bacon and
Related Acts.
Robert D. Moran, Administrator
Wage and Hour and Public Contracts Divisions
U. S. Department of Labor
Enclosure


































U. S. DEPARTMENT OF LAEOR
WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS
WASHINGTON, D.C. 20210
Site of the work and contract performance. (a) Reg 5.5(a)(1)
prescribes the wording of the “site of the work" clause to be 
inserted in both D-B Act direct contracts and Related Acts
assisted contracts. The same "site of the work" definitions
apply to both. The general principles stated below are followed
by WHFC representatives in determining the "site of the work" in
all DBRA investigations:
(1) The "site of the work" is limited to the physical place
or places where the construction called for in the contract
will remain when work on it has been completed and to other
adjacent or nearby property used by the contractor or sub-
contractor in such construction which can reasonably be said
to be included in the "site" because of proximity. For
example, if a small office building is being erected, the
"site of the work" will normally include no more than the
building itself and its grounds and other land or structures
"down the block" or "across the street" which the contractor
or subcontractor uses in the course of his performance on
the particular contract. In the case of larger contracts,
such as for an airport or a dam, the "site of the work" is
necessarily more extensive and includes the whole area in
which the contract construction activity will take place.
Fabrication plants, "mobile factories", batch plants, borrow
pits, job headquarters, tool yards, etc., are part of the
"site of the work" provided they are dedicated exclusively
or nearly so to performance on the contract and are so
located in proximity to the actual construction location
that it would be reasonable to include them. Once the limits
of "site of the work" have been determined, the Secretary's
wage rate decision is applicable only to those mechanics and
laborers employed by a contractor or subcontractor within
such limits (that is, upon the "site of the work"), including
drivers who temporarily leave the "site" to transport materials
and equipment used in the course of contract operations.
(2) Not included in the "site of the work" are permanent home
offices or branch plant establishments of a contractor or sub-
contractor, his fabrication plant and tool yard establishments,
whose locations and continuance are governed by his general
business operations. This is so even though mechanics and















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laborers working at such an establishment may repair or main-
tain machinery used in contract performance, or make doors,
windows, frames, or forms. Regardless of the activities per-
formed at such establishments, the Secretary's wage rate
determination does not apply because they do not constitute
the "site of the work". However, if such mechanics or
laborers are required to go to a place which is the "site of
the work" to perform activities on the contract there, the
Secretary's wage rate decision is applicable for the actual
time so spent, not including travel.
(b.) Contracts with bona fide material suppliers or with manufac-
turers to produce, supply or deliver items to the "site of the
work" for use in the construction activities are not subject to
DBRA, nor is transportation by common carrier over regular routes.
However, if such a materialman manufacturer or carrier undertakes
to perform a contract, or some part of a contract as a subcontractor,
his mechanics and laborers employed at the "site of the work" are
subject to the Secretary's wage rate decision in the same manner
as those employed by any other contractor or subcontractor.