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B-179871(2) 1 (1973-12-03)

handle is hein.gao/gaobaadth0001 and id is 1 raw text is: 9


          45 V444 ,COMPTROLLERi GENERAL, UP TH-E UNITED STATES
    4k . . tjI                        WASHINGTOf, 0.C. 054 g


         )3179871\ .'
                                                           December 3, 1973

         TL% fonorable
         Thu Secretary of Labor

         Dear Hr. Secretary:

              We are encloping a copy of our latter of t~day to the Secretary of
         the Air FPrc-i, in which we advise ihat disbursennts i accordance with
         Wage Datcazination 73-594 (Rev, 3) under a contract entered into by the
         Air Force and Pan American World Airways, Incorporated, for the opera-
         tion and maintenance of the Bautern Tant Range, Brevard County, Florida,
         would be proper.

              We agree with your Departmnt that it was thM intent of Congreos in
         eanacting the Service Contract Act AmeDdcants of 1972 that wage determina-
         tioas issued as a result of a hearing eld pursuant to section 4(c) of
-(        the Service Contract Act would be applicable to contracts awarded prior
          to issuance of the wage determination. However, we are concerned that
          implementing regulationa have not been promulgated which specifically
          provide for contract clauses authorizing the application of a wage de-
          termination to previously awarded conractn, Furthr nore, your Dopart-
          zunt's own  ogulations, issued prior to the 1972 amendments,'state that
          a wage datenmiAation issued after rontract award would not be applicable
          to that contract,  29 CfR 4.164(c).  The Acting Administrator of your
          Emnloymerat Standards Administration, by latter of November 12, 1973,
          advised us of his intention to revise the regultitions further to con-
          form to the mandate of the Act.  Un recommend that revised regulations
          providing for clauses, for all typi '-of service contracts, which explic-
          itly deal with application of post-award wage determitations resulting
          from a section 4(c) proceeding be issued as soon as practicnbl.

                                             SL'acerely yours,

                                               JLF.KEU]E T                       *9

                                   Deputy    Comptroller General
                                            of the United States

         Enclouure

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