DATE: December 23, 2003

SUBJECT: Federal Acquisition Regulation (FAR); Labor Standards for Contracts Involving Construction

SOURCE: Federal Register, December 23, 2003, Vol. 68, No. 246 page 74403

AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

ACTION: Proposed Rule

SYNOPSIS: It is proposed that FAR Subpart 22.4, Labor Standards for Contracts Involving Construction, and corresponding clauses in FAR Part 52 be amended to implement the Department of Labor's (DOL) revised definitions of "construction" and "site of the work," to clarify several definitions relating to labor standards for contracts involving construction, and to make requirements for flow-down of labor clauses more precise.

EDITOR'S NOTE: For more on DOL's revised definitions, see the December 20, 2000, FEDERAL CONTRACTS DISPATCH "Department of Labor; Labor Standards Provisions Applicable to Federally Financed and Assisted Construction Contracts."

DATES: Comments on the proposed rule are due on or before February 23, 2004.

ADDRESSES: Submit comments to General Services Administration, FAR Secretariat (MVP), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405, or by e-mail to farcase.2002-004@gsa.gov. Cite "FAR Case 2002-004" in all correspondence related to this proposed rule.

FOR FURTHER INFORMATION CONTACT: Linda Nelson at 202-501-1900.

SUPPLEMENTAL INFORMATION: On December 20, 2000, DOL published revisions to its definitions for "construction, prosecution, completion, or repair" and "site of the work" to conform them with three appellate court decisions and subsequent decisions of DOL's Administrative Review Board regarding the transportation of supplies and materials to or from the construction site. DOL further revised its "site of the work" definition to include secondary sites, other than the project's final resting place, which are established specifically for the performance of a contract covered by the Davis-Bacon Act and at which a significant portion of the public building or work is constructed.

To conform the FAR to the revised DOL definitions, the following changes are proposed:

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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