Federal Acquisition Regulation; Prohibition of Department of Labor Implementation/Administration of Davis-Bacon Helper Regulations Pursuant to Fiscal Year 1994 Appropriation Act

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 22 and 52

[FAC 90-23; FAR Case 93-618; Item XV]

RIN 9000-AF93

Federal Acquisition Regulation; Prohibition of Department of

Labor Implementation/Administration of Davis-Bacon Helper Regulations

Pursuant to Fiscal Year 1994 Appropriation Act

AGENCIES: Department of Defense (DOD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council have agreed to implement in the Federal

Acquisition Regulation (FAR) the Department of Labor's (DOL's)

suspension of its Davis-Bacon Act ``Helper'' regulations. DOL's

regulations were suspended on October 21, 1993. A notice of suspension

was published in the Federal Register at 58 FR 58954, November 5, 1993.

This regulatory action was not subject to Office of Management and

Budget review under Executive Order 12866, dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Jack O'Neill at (202) 501-3856 in reference to this FAR case. For

general information, contact the FAR Secretariat, Room 4037, GS

Building, Washington, DC 20405 (202) 501-4755. Please cite FAC 90-23,

FAR case 93-618.

SUPPLEMENTARY INFORMATION:

A. Background

The suspension of the Davis-Bacon ``Helper'' regulations has been

extended through the President's Fiscal Year 1995 budget request. In

order to keep the FAR current through that period of time, the Councils

have agreed to amend the regulation to implement the suspension.

B. Regulatory Flexibility Act

The final rule does not constitute a significant FAR revision

within the meaning of FAR 1.501 and Public Law 98-577, and publication

for public comments is not required. The rule merely implements the DOL

suspension on Davis-Bacon Act ``Helper'' regulations. Therefore, the

Regulatory Flexibility Act does not apply. However, comments from small

entities concerning the affected subpart will be considered in

accordance with 5 U.S.C. 610. Such comments must be submitted

separately and cite 5 U.S.C. 601, et seq. (FAC 90-23, FAR case 93-618),

in correspondence.

C. Paperwork Reduction Act

The final rule does not impose any recordkeeping requirements which

require the approval of the Office of Management and Budget under 44

U.S.C. 3501, et seq. Therefore, the requirements of the Paperwork

Reduction Act do not apply.

List of Subjects in 48 CFR Parts 22 and 52

Government procurement.

Dated: December 7, 1994.

Albert A. Vicchiolla,

Director, Office of Federal Acquisition Policy.

Therefore, 48 CFR parts 22 and 52 are amended as set forth below:

1. The authority citation for 48 CFR parts 22 and 52 continues to

read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42

U.S.C. 2473(c).

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

2. Section 22.401 is amended in the definition of Laborers or

mechanics, in the introductory text of paragraph (b) by revising the

second sentence, and by removing paragraph (b)(3) to read as follows:

22.401 Definitions.

* * * * *

Laborers or mechanics * * *

* * * * *

(b) * * * The terms ``apprentice'' and ``trainee'' are defined as

follows:

* * * * *

22.406-3 [Amended]

3. Section 22.406-3 is amended in paragraph (b)(1) by removing the

phrase ``, except with respect to helpers as defined in section

22.401,'' and by removing paragraph (b)(4).

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

4. Section 52.222-6 is amended in the clause heading by removing

``(NOV 1992)'' and inserting ``(FEB 1995)''; in the introductory text

of paragraph (b)(1) by removing the phrase ``, including helpers''; and

by revising paragraphs (b)(1) (i) and (iii) to read as follows:

52.222-6 Davis-Bacon Act.

* * * * *

Davis-Bacon Act (Feb 1995)

* * * * *

(b)(1) * * *

(i) The work to be performed by the classification requested is

not performed by a classification in the wage determination.

* * * * *

(iii) The proposed wage rate, including any bona fide fringe

benefits, bears a reasonable relationship to the wage rates

contained in the wage determination.

* * * * *

[FR Doc. 94-30654 Filed 12-27-94; 8:45 am]

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