U.S. Department of Labor 
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210
MAR 10 1993
MEMORANDUM NO. 171
TO: ALL CONTRACTING AGENCIES OF THE FEDERAL GOVERNMENT
AND THE DISTRICT OF COLUMBIA
FROM: CKARLES E. PUGH
Acting Administrator
SUBJECT: Revocation of Proclamation No. 6491 Suspending the
Davis-Bacon and Related Acts Provisions
By Proclamation No. 6491 of October 14, 1992, former President
Bush suspended the provisions of the Davis-Bacon and related Acts
in areas affected by Hurricanes Andrew and Iniki. See All Agency
Memoranda 167 and 168. On March 6, 1993, President Clinton
revoked Proclamation No. 6491 and reinstated the protections of
the Davis-Bacon and related Acts in these areas.
AFFECTED CONTRACTS AND SOLICITATIONS
The March Proclamation (copy attached) revokes Proclamation No.
6491 of October 14, 1992,
. . . as to all construction contracts for which bids
are opened or negotiations concluded on or after
fifteen (15) days after the date of this Proclamation,
whether direct Federal construction or federally
assisted construction subject to Proclamation No. 6491.
Contracts awarded without Davis-Bacon provisions during the
period beginning October 14, 1992, and ending March 20, 1993, are
unaffected, and any subcontracts awarded thereunder should not
contain prevailing wage determinations regardless of the date the
subcontracts are entered into or the period in which they are
performed. Contracts for which bids are opened or negotiations
are concluded on or after March 21, 1993, including any
procurement actions that are resolicited or postponed so that the
bid opening occurs on or after March 21, 1993, must incorporate
the Davis-Bacon provisions and applicable wage determinations
under governing procurement laws and regulations.



















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For projects assisted under the National Housing Act, the date of
the initial endorsement of the mortgage or the start of
construction, whichever occurs first, is the date governing
application of the Davis-Bacon provisions. Where the earliest of
these events (initial endorsement of the mortgage or the start of
construction) occurs on or after March 21, 1993, Davis-Bacon
provisions are applicable to the project. Similarly, projects
receiving housing assistance payments under section 8 of the U.S.
Housing Act of 1937, are subject to the Davis-Bacon labor
standards where the agreement to enter into a housing assistance
payment contract is executed or construction is started,
whichever occurs first, on or after March 21, 1993.
WAGE DETERMINATIONS
Every solicitation that is modified to incorporate the Davis-
Bacon provisions as a result of the reinstatement must include
the appropriate current Davis-Bacon wage determination(s), and
each resolicitation must incorporate the appropriate wage
determination(s) in effect on the date the new solicitation is
issued. General wage determinations for the affected geographic
areas have been revised, and the current prevailing wage rates
are reflected in the 1993 edition of the Government Printing
Office publication entitled General Wave Determinations Issued
Under the Davis-Bacon and Related Acts. This publication
contains general wage determinations issued pursuant to section
1.5 of Regulations, 29 CFR Part 1. Agencies may use such general
wage determinations without notifying the Department of Labor
provided that any questions concerning their use are referred to
the Department of Labor in accordance with section 1.6(b) of
Regulations, Part 1. See All Agency Memorandum No. 169 dated
February 18, 1993.
Any solicitation issued prior to the October 1992 suspension of
the Davis-Bacon provisions which was not modified to delete the
Davis-Bacon provisions and a previously applicable general wage
determination, and was not awarded during the period of the
suspension, must include the appropriate current general wage
determination pursuant to section 1.6(c)(3)(iv) of Regulations,
Part 1, unless the agency obtains an extension of the original
wage determination in accordance with that same section of the
Regulations. Unexpired project wage determinations that were
issued prior to the suspension may be incorporated in any
solicitations for which the wage determinations were originally
issued. Agencies need not request a new project determination if
an existing project wage determination has not expired unless the
contract specifications are substantially changed from those
established at the time the initial project wage determination
was issued. Such changes warrant the issuance of a new wage










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determination. Expired project wage determinations may not be
utilized unless extended in accordance with section 1.6(a)(1) of
Regulations, Part 1.
Requests for project wage determinations will be handled pursuant
to previously established procedures. Every effort will be made
to respond to requests for wage determinations as expeditiously
as possible. To request special handling of needed project wage
determinations, contracting agency officials may contact the
Branch of Construction Wage Determinations at (202) 219-7443.
CONTRACT CLAUSES
Pursuant to Department of Labor Regulations, 29 CFR Part 5,
contracting officers are required to incorporate the labor
standards clauses set forth in section 5.5 of Regulations,
Part 5, in full into any covered solicitation or contract for
construction. See also the Federal Acquisition Regulations at
48 CFR 22.407. Pursuant to Regulations, Part 5, and All Agency
Memorandum No. 168, the Department of Labor authorized the
modification of those contract clauses to omit certain labor
standards requirements deemed unnecessary during the suspension
of the Davis-Bacon and related Acts. That authority is hereby
rescinded. Contracting agencies should incorporate the pertinent
clauses as set forth in Regulations, Part 5, in their entirety
into any contracts which, as a result of the revocation of the
suspension, now require the payment of prevailing wage rates in
accordance with the Davis-Bacon Act.
Attachment






























THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release March 8, 1993
TO REVOKE PROCIAMAT10N NO. 6491 OF OCTOBER 14, 2992
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
WHEREAS, the provision of the Davis-Bacon Act of
March 34. 1931 (46 Stat. 1494, as Amended), and the provisions
of all other acts, Executive orders, proclamations, rules,
regulations, or other directives providing for the payment of
locally prevailing wages, which provisions are dependent upon
determinations by the Secretary of Labor under the Davis-Bacon
Acts were suspended by Proclamation 50. 6491 of October 14,
1992, within specified geographic areas affected by Hurricanes
Andrew and Iniki until otherwise provided;
NOW, THEREFORE, 1, WILLIAM J. CLINTON, President of the
United States of America, acting under the authority vested in
me by the Constitution and the laws of the United States of
America, do by this Proclamation revoke Proclamation No. 6491
of October 14, 1992, as to all construction contracts for
which bids are opened or negotiations concluded on or after
fifteen (15) days after the date of this Proclamation, whether
direct Federal construction or federally assisted construction
subject to Proclamation No. 4491.
IN WITNESS WEEREOF, I have hereto set my hand this
sixth day of March, in the year of our Lord nineteen hundred
and ninety-three, and of the Independence of the United States
of America the two hundred and seventeenth.
WILLIAM J. CLINTON