Reconsideration of Applicability of the Davis-Bacon Act to the Veteran Administration's Lease of Medical Facilities: Memorandum for Thomas S. Williamson, Jr., Solicitor, Department of Labor, [and] Mary Lou Keener, General Counsel, Department of Veterans Affairs [May 23, 1994] [open pdf - 60KB]
"At the request of the Attorney General, we have reviewed the principles and reasoning of a 1988 Office of Legal Counsel opinion concluding that the Davis-Bacon Act did not cover a contract entered into by the Veteran's Administration (now Department of Veterans Affairs) ('VA') for the long-term lease and construction of a building to be used as an outpatient clinic. […] We have concluded that the 1988 Opinion erred in concluding that the plain language of the Davis-Bacon Act bars its application to any lease contract, whether or not the lease contract also calls for construction of a public work or public building. We believe that the applicability of the Davis-Bacon Act to any specific lease contract can be determined only by considering the facts of the particular contract."
United States. Department of Justice: http://www.justice.gov/