U.S. DEPARTMENT OF LABOR
WORKPLACE STANDARDS ADMINISTRATION
WASHINGTON D.C. 20210
February 26, 1971
MEMORANDUM #91
TO: All Government Contracting Agencies of the Federal Government and
the District of Columbia
SUBJECT: SUSPENSION OF PROVISIONS FOR PAYMENT OF WAGES ON CONSTRUCTION
PROJECTS PURSUANT TO WAGE DETERMINATIONS OF THE SECRETARY OF
LABOR UNDER THE DAVIS-BACON ACT
The purpose of this memorandum is to provide you with initial inform-
ation on the President's suspension of the provisions of the Davis-
Bacon Act. Further information will be provided as it becomes
available.
By proclamtion of the President on February 23, 1971, there are
suspended --
"as to all contracts entered into on or subsequent
to the date of this proclamation and until otherwise
provided the provisions of the Davis-Bacon Act of
March 3, 1931, as amended, and the provisions of all
other acts providing for the payment of wages, which
provisions are dependent upon determinations by the
Secretary of Labor under the Davis-Bacon Act"
Also suspended as to all such contracts until otherwise provided
are --
"the provisions of any Executive Order, proclam-
tion, rule, regulation or other directive providing
for the payment of wages, which provisions are
dependent upon determinations by the Secretary of
Labor under the Davis-Bacon Act"


























2
The suspension of these Davis-Bacon wage requirements is pursuant
to the authority given the President by section 6 of the Davis-
Bacon Act (40 U.S.C. 276a-5). It does not affect existing contracts
containing provisions for payment of wage rates determined by the
Secretary of Labor under the Davis-Bacon Act. The determined rates
apply to such contracts. Provisions of the Act and regulations
for enforcement of the contract requirements continue to apply to
such contracts. - The application to contracts entered into on or
after February 23, 1971, of regulations governing the making or use
of wage determinations issued by the Secretary of Labor under the
Davis-Bacon Act is suspended by the President's proclamation. Agencies
should not request wage determinations for contracts to be awarded.
The Department of Labor is not making such determinations and will
not respond to pending requests therefor. There will be appropriate
announcement made in the Federal Register with respect to the
suspension of the Department of Labor's regulations for the making
and use of wage determinations in accordance with the President's
proclamation. Revisions in other regulations such as the Federal
Procurement Regulations and the Armed Services Procurement Regulations,
although not required, may be helpful to reduce confusion.
Agencies may encounter some problems in applying the Davis-Bacon
suspension proclamation to contracts contemplated but not yet
entered into. The suspension must be made effective as to such
contracts. The following situations are typical:
(a) Invitations for bids not sent out -- deletion of
Davie-Bacon provisions should be made.
(b) Invitations for bids sent out but time is available to
amend -- appropriate steps to amend by deletion of
Davie-Bacon requirements should be taken.
(c) Invitations for bide sent out but insufficient time
remaining to amend (includes situations where bids
are in and opened or unopened up to time of award) --
whatever action is necessary and appropriate to prevent
inclusion in the contract of Davis-Bacon provisions
should be taken: one possibility is a readvertising for
bids.
(d) In the case of negotiated contracts, necessary and
appropriate action should be taken to assure the
noninclusion of Davis-Bacon provisions when the contract
is entered into.
As indicated above, further information will be sent to you on this
subject as it becomes available. In the meantime, you may address
questions to this office.
Robert D. Moran
Administrator