DOL’s Wage and Hour division recently issued guidance to federal agencies providing that most testing and balance work is covered under the Davis Bacon and Related Acts. Workers who perform TAB work on HVAC systems are generally considered "laborers or mechanics" under the Davis-Bacon Act (DBA) because TAB work involves manual or physical duties. TAB work is considered part of construction, alteration, or repair on a DBRA-covered project when it is performed in conjunction with such activities. For example, if TAB work precedes the acceptance of a completed building or work, it falls under Davis-Bacon coverage.
Contracts for testing HVAC system functionality that are necessary for a federal repair or rehabilitation project are also subject to Davis-Bacon labor standards, even if the testing work is in a separate contract but closely related to the main project. However, TAB testing work may not be covered under Davis-Bacon if it is performed in segregable phases distinct from construction activities. For more information, view the all-agency memorandum linked here.
