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B-188306 1 (1977-12-19)

handle is hein.gao/gaobadflk0001 and id is 1 raw text is: 
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                                    /~.\ THE COMPTROLIF14 C7NTJRAL
                 M-  CISICN       .           OF   THE    UNIT-         . (AlEW
                                              VWASH   INGTON,            20549




                 FIL:      B-388306                  DATE:            17cr-a- 1, 977

LC)              MAATTEPn  O*F:    Elecr .cal Constructors of America, Inc.
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                DIGEST:


                      Area practice of one union using electricians to
                      perform certain f.nctions in connection with instal-
                      lation of underground cable need not be followed for
                      Davis-Bacon Act wage purposes, since there is evidence
                      of substantial area practice to use electrician laborers
                      to perform functions.


                      The Acting Director, Logistics Srvice, Federal .Aviation
                 ;.ministration, D;-artment of Transpcortation, requcs:;i _ &icision
                 in connection with the classification of certain workers cenloyed
                 by Electrical (-.-tructors of Anuria, Inc. (Elcon), :n 7:ncract
                 ::o. DOT-FA7650-95M3 o'r the cnustruc:tion of an underwr':rA cable
                 ..ystem at the ..:..artsfield-':t1 ::t Internationz: :. .-t
                 ..tlanta, Georgia.

                     The  contract was awarded to Elrin on October 28., :75. Accord-
                 ing to the contr;ctin! officer, the work under the conrrct con-
                 sisted of approximately 7 miles of cranching, and the lnscallation
                 of (1) approximately 1,800 feet of concrete encased PVC duct bank,
                 (2) approximately 2,700 feet of direct burial SLed ccc. ult, (3)
                 approximately 216,000 feet of multiconductor control, si7nal and
                 coriunication cable, both aerial and underground, (4) a-proximately
                 12 line pcles, and (5) reinforced concrete manholes. Thai contract
                 did not include the installation of any power transmisbion cable,
                 the performance of nower connactions or the making of power trans-
                 nissions. The contract contained Standard Form 19-A which included
                 applicable Divis-Bacon Act, 40 U.S.C. 5 276a, at seq. (1970), and
                 Contract Worc Hours and Safety Standards Act, 40 U.S.C. 5 327,
                 9;t.se. (1970), provisions.  Ja're Determination GA75-1019, incorporated
                 into the contract pursuant to the Davis-Bacon Act, contained the
                 rate of $11.10 per hour for electricians and $5.80 per-hour for
                 electrician latorers.

                     By letter of Deccaber 29, 1975, the International Brotherhood
                of Electricial Workers, AFL-lIO (IBEU), complained to the contract-
                ing officer that Elcon had mizcaszitied and underpaid workman by











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