[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR22.402]



[Page 415-416]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 22_APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS--Table of Contents

 

    Subpart 22.4_Labor Standards for Contracts Involving Construction

 

Sec. 22.402  Applicability.



    (a) Contracts for construction work. (1) The requirements of this 

subpart apply--

    (i) Only if the construction work is, or reasonably can be foreseen 

to be, performed at a particular site so that wage rates can be 

determined for the locality, and only to construction work that is 

performed by laborers and mechanics at the site of the work;

    (ii) To dismantling, demolition, or removal of improvements if a 

part of the construction contract, or if construction at that site is 

anticipated by another contract as provided in subpart 37.3;

    (iii) To the manufacture or fabrication of construction materials 

and components conducted in connection with the construction and on the 

site of the work by the contractor or a subcontractor under a contract 

otherwise subject to this subpart; and

    (iv) To painting of public buildings or public works, whether 

performed in connection with the original construction or as alteration 

or repair of an existing structure.

    (2) The requirements of this subpart do not apply to--

    (i) The manufacturing of components or materials off the site of the 

work or their subsequent delivery to the site by the commercial supplier 

or materialman;

    (ii) Contracts requiring construction work that is so closely 

related to research, experiment, and development that it cannot be 

performed separately, or that is itself the subject of research,



[[Page 416]]



experiment, or development (see paragraph (b) of this section for 

applicability of this subpart to research and development contracts or 

portions thereof involving construction, alteration, or repair of a 

public building or public work);

    (iii) Employees of railroads operating under collective bargaining 

agreements that are subject to the Railway Labor Act; or

    (iv) Employees who work at contractors' or subcontractors' permanent 

home offices, fabrication shops, or tool yards not located at the site 

of the work. However, if the employees go to the site of the work and 

perform construction activities there, the requirements of this subpart 

are applicable for the actual time so spent, not including travel unless 

the employees transport materials or supplies to or from the site of the 

work.

    (b) Nonconstruction contracts involving some construction work. (1) 

The requirements of this subpart apply to construction work to be 

performed as part of nonconstruction contracts (supply, service, 

research and development, etc.) if--

    (i) The construction work is to be performed on a public building or 

public work;

    (ii) The contract contains specific requirements for a substantial 

amount of construction work exceeding the monetary threshold for 

application of the Davis Bacon Act (the word substantial relates to the 

type and quantity of construction work to be performed and not merely to 

the total value of construction work as compared to the total value of 

the contract); and

    (iii) The construction work is physically or functionally separate 

from, and is capable of being performed on a segregated basis from, the 

other work required by the contract.

    (2) The requirements of this subpart do not apply if--

    (i) The construction work is incidental to the furnishing of 

supplies, equipment, or services (for example, the requirements do not 

apply to simple installation or alteration at a public building or 

public work that is incidental to furnishing supplies or equipment under 

a supply contract; however, if a substantial and segregable amount of 

construction, alteration, or repair is required, such as for 

installation of heavy generators or large refrigerator systems or for 

plant modification or rearrangement, the requirements of this subpart 

apply); or

    (ii) The construction work is so merged with nonconstruction work or 

so fragmented in terms of the locations or time spans in which it is to 

be performed, that it is not capable of being segregated as a separate 

contractual requirement.