EP 1180-1-1
1 Aug 01
alteration or repair of vessels are subject to the Davis-Bacon Act, except as noted in the next paragraph.
b. Where a project involving construction or alteration is advertised and the site of work is known,
wage rates must be requested in accordance with FAR 22.404-3. The labor standards provisions
required for construction contracts must be included in the specifications. However, where the contract is
advertised and the site of work is not known, the contract will be exempt from the requirements of the
Davis-Bacon Act. In this regard, refer to 38 Attorney General 412-424; 17 Comp. Gen. 585; and FAR
22.402 (a)(1)(I). Thus, for example, the Davis-Bacon Act would apply to the construction of Corps
vessels under the following conditions: (1) the construction services can only be procured from only one
responsible source, and (2) the services must be performed at a government specified site. These
examples are not intended to be all-inclusive.
c. A contract which calls for the maintenance and/or cleaning, rather than alteration or repair, of a
ship or naval vessel is a service contract within the meaning of the SCA. Thus, for example, where
mechanical components are removed from vessels and sent to a contractor's plant to be overhauled, such
work is subject to the SCA.
d. Prospective contracts relating to the above where there is uncertainty as to labor standards
coverage may be referred to the Office of the Chief Counsel, Attn: CECC-C, for coordination with the
DOL.
3-12. Mapping and Surveying Services.
a. The issue of SCA coverage of mapping and surveying services was recently raised in connection
with Office of Federal Procurement Policy Act Amendments of 1988 (Public Law 100-679). The DOL
has advised that the Act applies to any contract for services which may involve the use of service
employees to a significant or substantial extent, even though there is some use of bona fide executive,
administrative, or professional employees (see 29 CFR 4.113). Unfortunately, there are neither statutory
nor regulatory criteria (i.e., percentage of contract cost) available to assist Contracting Officers in
determining significant or substantial extent. Thus, the CO should request SCA wage rates whenever
"service employees" are required.
b. The request process described below does not represent a change in the DOL's SCA regulations
(29 CFR, Part 4); rather, it reflects a revision in the SCA request and response policy relating to
surveying and mapping services procured by the Corps through Brooks Act selection procedures (40
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