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U.S. Department of LaborWage and Hour Division
2011 Davis-Bacon Act Webinar for Contracting Officials
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
Presenters
Jade Banks, National Labor Advisor
U.S Housing and Urban Development
Rex Elliott, Contractor Industrial Relations Officer
National Aeronautics and Space Administration
Tim Helm, Chief, Government Contracts Enforcement
U.S. Department of Labor
U.S. Department of LaborWage and Hour Division
Internet Sites
Wage Determinations – http://www.wdol.gov
Wage and Hour Division - http://www.dol.gov/whd
Office of the Administrative Law Judges Law Library - http://www.oalj.dol.gov
Administrative Review Board - http://www.dol.gov/arb
Debarred Bidders List - http://www.epls.gov
HUD – http://www.HUD.gov/offices/olr
U.S. Department of LaborWage and Hour Division
Code of Federal Regulations29 CFR Part
1 - Procedures for Predetermination of Wage Rates under the Davis-Bacon Act
3 - Payment & Reporting of Wages on Federal Construction Contracts
4 - Federal Service Contracts
5 - Labor Standards Provisions Applicable to Federal Construction Contracts
6 - Rules of Practice for Administrative Proceedings
U.S. Department of LaborWage and Hour Division
Code of Federal Regulations29 CFR Part
7 & 8 - Rules for DBA/SCA appeals before the ARB
525 - FLSA (Workers with Disabilities)
531 - FLSA (Credit for tips, meals, & lodging)
541 - FLSA (Exempt - Salaried employees)
778 - FLSA (Overtime)
785 - FLSA (Hours Worked)
U.S. Department of LaborWage and Hour Division
Labor Standards Statutes
The Davis-Bacon Act (DBA)
Davis-Bacon and Related Acts (DBRA)
Contract Work Hours and Safety Standards Act (CWHSSA)
Copeland “Anti-Kickback” Act (CA)
Walsh-Healey Public Contracts Act (PCA)
McNamara-O’Hara Service Contract Act (SCA)
U.S. Department of LaborWage and Hour Division
The Davis-Bacon Act
(DBA)
U.S. Department of LaborWage and Hour Division
DBA
Enacted in 1931
Amended in 1935 and 1964
Protects communities and workers from non-local contractors underbidding local wage levels
U.S. Department of LaborWage and Hour Division
DBA Requirements
Payment of locally “prevailing wages” and “fringe benefits” to laborers and mechanics, as determined by the U.S. Department of Labor (DOL)
Applies to direct Federal and District of Columbia contracts
U.S. Department of LaborWage and Hour Division
DBA Requirements
Applies to “laborers” and “mechanics” of contractors and subcontractors
Performing work on the “site of the work”
Must be paid not less often than weekly
Wage scale must be posted at the job site
U.S. Department of LaborWage and Hour Division
Coverage of the DBA
Applies to contracts in excess of $2,000 to which the Federal Government or the District of Columbia is a party for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works.
U.S. Department of LaborWage and Hour Division
Criteria For Considering DBA Coverage
Is the contract an agreement to which the U.S. or District of Columbia is a party?
Is the agreement a “contract for construction”?
Is the “contract for construction” a contract for construction of a public building or public work of the U.S. or the District of Columbia?
U.S. Department of LaborWage and Hour Division
The Davis-Bacon Related Acts
(DBRA)
U.S. Department of LaborWage and Hour Division
DBRA
Davis-Bacon (DB) requirements extend to numerous “related Acts” that provide federal assistance by:GrantsLoansLoan guaranteesInsurance
U.S. Department of LaborWage and Hour Division
DBRA Examples
HUD financed construction of low-income housing projects
Federal Highway Administration provides grants to states for reconstruction of roads and bridges on Federal-aid highways
U.S. Department of LaborWage and Hour Division
Distinguishing DBA and DBRA
Examples of DBA ProjectsVA hospitalFederal office building (GSA)Military base housing (DOD)National Park road (Dept. of Interior)
U.S. Department of LaborWage and Hour Division
Distinguishing DBA and DBRA (cont’d.)
Examples of DBRA ProjectsHUD - assisted housing construction projectEPA - assisted water treatment plant construction
project
U.S. Department of LaborWage and Hour Division
Lease Construction Contracts Factors to determine DBA coverage
Length of the lease Extent of government involvement in construction
project Extent construction will be used for private rather than
public purposes Extent construction costs will be paid for by lease
payments,
and Whether it is written as lease to evade DBA
U.S. Department of LaborWage and Hour Division
Fair Labor Standards Act
(FLSA)
U.S. Department of LaborWage and Hour Division
Terms Used in FLSA
Workweek - a period of 168 hours during seven consecutive 24-hour period
Hours worked - employees must be paid for all hours worked in a workweek
Hourly rate - regular rate of an employee paid by the hour
U.S. Department of LaborWage and Hour Division
FLSA Requirements
Payment of minimum wage (29 CFR Part 531)
Overtime pay for time worked over 40 hours in a workweek (29 CFR Part 778)
Recordkeeping (29 CFR Part 516)
Exceptions and Exemptions (29 CFR Parts 525 & 541)
U.S. Department of LaborWage and Hour Division
FLSA Minimum Wage
Effective July 24, 2007 = $5.85
Effective July 24, 2008 = $6.55
Effective July 24, 2009 = $7.25
U.S. Department of LaborWage and Hour Division
Exemptions
Provides for non-payment of minimum wage (MW) and/or overtime (OT)
Based on activities performed, not titles
Applies on a workweek basis
U.S. Department of LaborWage and Hour Division
Exemptions - Examples Exempt salaried employees (MW & OT)
Interstate truck drivers (OT)
Computer professionals paid at least $27.63 per hour (OT)
U.S. Department of LaborWage and Hour Division
Recordkeeping
Protects employer Does not have to be kept in any particular
form Must accurately reflect work time the
employee works Must be maintained for three years Posting of FLSA poster
U.S. Department of LaborWage and Hour Division
Independent Contractors(Factors to Determine Relationship)
Extent to which services rendered are an integral part of principal’s business
Permanency of relationship
Amount of alleged contractor’s investment in facilities and equipment
Nature and degree of control by principal
U.S. Department of LaborWage and Hour Division
Independent Contractors(Factors to Determine Relationship)
Alleged contractor’s opportunities for profit and loss
Amount of initiative, judgment, or foresight in open market competition required for the success of claimed independent contractor, and
Degree of independent business organization/operation
U.S. Department of LaborWage and Hour Division
Contract Work Hours and Safety Standards Act
(CWHSSA)
U.S. Department of LaborWage and Hour Division
Purpose of CWHSSA(40 U.S.C. 3701 et seq.)
Enacted in 1962 - consolidated a number of “eight hour” laws that provided for overtime pay on federally financed contracts employing “laborers” and “mechanics”
In 1986, the federal daily overtime requirement was repealed to require overtime pay only after 40 hours a week
Both CWHSSA and FLSA require overtime pay for work over 40 hours in a workweek
U.S. Department of LaborWage and Hour Division
Requirements of CWHSSA
Requires overtime pay for laborers, mechanics, guards, and watchmen at a rate of one and a half times the basic rate of pay for hours worked in excess of 40 in a workweek on covered contracts
Liquidated damages can be assessed at a rate of $10 per day for each laborer or mechanic not paid proper overtime
U.S. Department of LaborWage and Hour Division
Coverage of CWHSSA
Covers contracts over $100,000 that require or involve the employment of “laborers” and “mechanics” on: DBA covered construction contractsDBRA covered construction contractsSCA covered service contracts
Is self-executing (even if not stated in contract) Has no “site of the work” limitation
U.S. Department of LaborWage and Hour Division
Copeland“Anti-Kickback” Act
(CA)
U.S. Department of LaborWage and Hour Division
Purpose and Requirements of CA
Prohibits “kickback” of wages and back wages
Requires contractors on DBA/DBRA covered projects to submit weekly a “statement of compliance”
Regulates payroll deductions
U.S. Department of LaborWage and Hour Division
Permissible Deductions Without DOL Approval (29 CFR 3.5)
Social security or federal or state income tax withholding
Bona fide prepayment of wages Court ordered payments Fringe benefit plans with certain provisions
Purchase of U.S. savings bonds Repayment of loans or purchase shares in a credit
union
U.S. Department of LaborWage and Hour Division
Permissible Deductions (29 CFR 3.5)
Deduction to pay regular union initiation fees and membership dues provided by a collective bargaining agreement (CBA)
Authorized contribution to charitable organizations such as the Red Cross, United Way, etc.
Deduction for “reasonable cost” of board, lodging, or other facilities meeting the requirements of section 3(m) of FLSA
Deduction for safety equipment - if not prohibited by FLSA, or required by law for employer to furnish
U.S. Department of LaborWage and Hour Division
Deductions Requiring DOL Approval (29 CFR 3.6)
DOL may approve payroll deductions when:Contractor makes no direct or indirect profitDeduction is not prohibited by lawDeduction is voluntarily consented to in writing
before work begins, or deduction is provided for under CBA terms
Deduction serves the convenience and interest of employee
U.S. Department of LaborWage and Hour Division
Walsh-HealeyPublic Contracts Act
(PCA)
U.S. Department of LaborWage and Hour Division
Purpose of PCA
Provides labor standards for employees
working on Federal contracts over
$15,000 for the manufacturing or
furnishing of goods, supplies, articles, or
equipment
U.S. Department of LaborWage and Hour Division
PCA Requirements
Establishes minimum wage, overtime, safety and health standards, and posting requirements
Prohibits employment of youth under 16, and convict labor
U.S. Department of LaborWage and Hour Division
McNamara-O’Hara Service Contract Act
(SCA)
U.S. Department of LaborWage and Hour Division
SCA
Took effect in January 1966
Amended in 1972 and 1976
Most recent of government contract labor standards laws administered by the Wage and Hour Division (WHD)
U.S. Department of LaborWage and Hour Division
Legislative History and Purpose of SCA
To “close the gap” in labor standards protection between supply and manufacturing contracts subject to PCA and construction contracts subject to DBA
To remove wages as a bidding factor in the competition for federal service contracts
U.S. Department of LaborWage and Hour Division
Requirements of SCA(29 C.F.R. § 4.6)
Contracts in excess of $2,500 must contain labor standards clauses with:
Minimum monetary wages and fringe benefits determined by Department of Labor (DOL)
Recordkeeping and posting requirements Safety and health provisions Statement of rates paid to federal employees
U.S. Department of LaborWage and Hour Division
Elements of SCA Coverage (29 C.F.R. §§ 4.107, 4.108 & 4.110)
Contracts entered into by Federal Government and District of Columbia
Contracts principally for services
Contracts performed in the U.S.
Contracts performed through the use of service employees
U.S. Department of LaborWage and Hour Division
Federal Contracting Agencies(29 C.F.R. §§ 4.107 & 4.108)
Agencies or instrumentality
• Department of Defense (DOD) Wholly owned corporations of the Government
• U.S. Postal Service Non-appropriated fund activities
• Military post exchanges (PX’s) Contracts entered into by
• District of Columbia
U.S. Department of LaborWage and Hour Division
Contracts to Furnish Services (29 C.F.R. §§ 4.111 & 4.130)
Examples of service contracts:
Security and guard services
Janitorial services
Cafeteria and food services
Support services at Federal installations
U.S. Department of LaborWage and Hour Division
Contracts “in the US” (29 C.F.R. § 4.112)
50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Outer Continental Shelf, American Samoa, Guam, Wake Island, Johnston Island, and the Northern Marianas (Canton Island, Eniwetok Atoll, and Kwajalein Atoll are no longer a part of the United States)
Any portion of a contract principally for services performed in the United States is covered
U.S. Department of LaborWage and Hour Division
Contracts Not SCA Covered(29 C.F.R. § 4.134)
Contracts primarily for something other than services, e.g., construction
Contracts for leasing of space Contracts for professional services Federally-assisted contracts for services entered into
by state governments, e.g., Medicaid and Medicare programs
Contracts excluded by statutory exemptions Contracts excluded by regulatory exemptions
U.S. Department of LaborWage and Hour Division
Davis-Bacon and related Acts
Contracting Agency Responsibilities
U.S. Department of LaborWage and Hour Division
Federal or Funding Agency Responsibilities
Ensure proper wage determination (WD) is applied
Advise contractors which schedule of rates applies to various construction items
Advise contractors regarding the duties performed by various crafts in the WD
U.S. Department of LaborWage and Hour Division
Reorganization Plan No. 14 of 1950
DOL Functions/ResponsibilitiesDetermining “prevailing wages”
Issuing regulations and standards to be observed by contracting agencies
Perform oversight function and has independent authority to conduct investigations
U.S. Department of LaborWage and Hour Division
Reorganization Plan No. 14of 1950
Contracting agencies have day to day enforcement responsibility for:Contract Stipulations Wage Determinations WH-1321 PosterReviewing certified payrollsEmployee interviews and investigationsForwarding refusal-to-pay and/or debarment consideration
cases to WHD for appropriate action Enforcement reports
U.S. Department of LaborWage and Hour Division
Davis-Bacon Labor Standards/Contract Stipulations
The term “labor standards” means the requirements of:
The Davis-Bacon ActThe Contract Work Hours and Safety Standards Act
The Copeland Act
Prevailing wage provisions of the Davis-Bacon and “related
Acts”
Regulations, 29 CFR 1, 3, and 5
U.S. Department of LaborWage and Hour Division
Davis-Bacon Wage Determinations
U.S. Department of LaborWage and Hour Division
Davis-Bacon Wage Determinations
1. Contracting Agency Responsibilities
2. Surveys
3. Selecting DBA Wage Determinations
4. Interpreting Wage Determinations
U.S. Department of LaborWage and Hour Division
DBA Survey
U.S. Department of LaborWage and Hour Division
DBA Surveys
Davis-Bacon prevailing wage surveys conducted by WHD Regional Offices
Survey - schedule and status on WHD website:
http://www.dol.gov/whd/programs/dbra/schedule.htm
U.S. Department of LaborWage and Hour Division
DBA
Requires Secretary of Labor to determine locally prevailing wages, including fringe benefits, for inclusion in bid solicitations and covered contracts.
Based on wages paid to laborers and mechanics employed on similar construction projects in a local area (county-by-county).
U.S. Department of LaborWage and Hour Division
Impact of Survey Participation
Accuracy and Completeness of WDs
depends on:Survey participation
Level of construction activities
Encourage contractors to participateContact WHD Regional Offices to be notified of survey(s)
see http://www.dol.gov/whd/programs/dbra/regions.htm
U.S. Department of LaborWage and Hour Division
Cross Walk – FAR – DOL
U.S. Department of LaborWage and Hour Division
Davis-Bacon Wage Determinations
Selecting DB WDs
U.S. Department of LaborWage and Hour Division
Federal/Funding Agency Responsibilities 29 CFR 1.6(b) & FAR - 48 CFR 22.404-2
Ensure proper wage determinations are applied
Advise contractors which schedule of rates applies to various construction items (see 29 CFR 1.6(b) & FAR - 48 CFR 22.404-2)
Advise contractors regarding the duties performed by various crafts in the WD
U.S. Department of LaborWage and Hour Division
Application to Covered Contracts29 CFR 1.6 & FAR 48 CFR 22.4
Rules in 29 CFR Part 1 govern procedures for pre-determination of wage rates.
Use and effectiveness of wage determinations are addressed in 29 CFR 1.6 and FAR 48 CFR 22.404.
General wage determinations are published on the Wage Determinations On-Line (WDOL) website:
http://www.wdol.gov.
U.S. Department of LaborWage and Hour Division
Wage Determinations
General Wage DeterminationsIn most cases, general wage determination(s)
are applicable
Project Wage DeterminationsRarely, a “project” wage determination may be
appropriate.
U.S. Department of LaborWage and Hour Division
“General” WDs Official site for General WDs –
http://www.wdol.gov Issued for:
Each major type of constructionMost counties – nationwide
May be used by agency without notifying DOL Questions regarding application of wage rate schedules shall
be referred to the WHD Administrator, who shall give foremost consideration to area practice in resolving the question.
29 CFR 1.5; 29 CFR 1.6(b); FAR 48 CFR 22.404-2(a), b, and (c)(5).
U.S. Department of LaborWage and Hour Division
“Project” WDs
Application to specific project only.
Issued at request of Agency if:No “General” WD in effect, or if A classification not listed on general WD will
perform virtually all work (100%) on contract.
Standard Form (SF) 308.
Effective for 180 days.
U.S. Department of LaborWage and Hour Division
Selecting Applicable WDs (29 CFR 1.1 & 1.6; FAR 48 CFR 22.404)
Location of construction project:State & County
Type of construction:“Projects of a similar character” (DBA) Four general types of construction
Current WD
U.S. Department of LaborWage and Hour Division
Selecting Applicable WDsType of Construction – AAM 130
BUILDING construction is generally the construction, rehabilitation and repair of sheltered enclosures with walk-in access for the purpose of housing persons, machinery, equipment or supplies (includes installation of utilities and equipment, both above and below grade).
RESIDENTIAL construction projects, for Davis-Bacon purposes, include construction, alteration, or repair of single family houses, townhouses, and apartment buildings of no more than four (4) stories in height.
HIGHWAY projects include construction, alteration or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, parking areas, and similar projects not incidental to building or heavy construction.
HEAVY is not a homogeneous classification. Because of this catch-all nature, projects within the heavy classification may sometimes be distinguished on the basis of their particular project characteristics and separate schedules issued. Example: sewer & water line projects.
U.S. Department of LaborWage and Hour Division
Selecting Applicable WDsType of Construction – AAM 131
Some construction items in a project may
fall into a different type of construction –
Incidental to the principal type of construction,
or
Requiring a separate wage schedule.
U.S. Department of LaborWage and Hour Division
Selecting Applicable WDsType of Construction – AAM 131
Multiple wage schedules apply to different
types of construction on a project:
If construction items of a separate type of
construction are:20% or more of total project cost; or
Will cost $1,000,000 or more.
U.S. Department of LaborWage and Hour Division
AAMs Nos. 130 & 131
AAM No. 130 addresses “Application Of The Standard Of Comparison ‘Projects Of A Character Similar’ Under The Davis-Bacon And Related Acts.”
AAM No. 131 provides “Clarification of All Agency Memorandum No. 130.”
AAM Nos. 130 & 131 are available at:http://www.dol.gov/whd/programs/dbra/docs/memo-131.pdf.
U.S. Department of LaborWage and Hour Division
Selecting Applicable WDs – Up-to-date 29 CFR 1.6(c)(3); FAR 48 CFR 22.4
Current WD is applicable:WD in effect on date of award, except: For competitive (sealed) bids (not RFP):
WDs issued less than 10 days before bid opening apply unless reasonable time is not available before bid opening to notify bidders & a report of this finding is inserted into contract file.
U.S. Department of LaborWage and Hour Division
WDs Due to be Revised
U.S. Department of LaborWage and Hour Division
Selecting Applicable WDsUp-to-date
Extension - General WD:For contract not awarded within 90 days
of bid opening,
WD modification in effect on date of contract award applies unless extension of 90-day period is granted.
See 29 CFR 1.6(c)(3)(iv) & FAR 48 CFR 22.404-6(b)(6).
U.S. Department of LaborWage and Hour Division
Selecting Applicable WDs29 CFR 1.6(f) & FAR 48 CFR 22.404-9
DOL may apply a WD after contract award
or start of construction due to:Failure to incorporate a WD into contract;WD used clearly did not apply –
by its terms or regulatory provisions; orWrong WD used due to inaccurate project
description in request for WD.
U.S. Department of LaborWage and Hour Division
Correction of Inadvertent Clerical Errors on WD
At request of agency or on own initiative
WHD Administrator may issue:“Letter of inadvertence” to correct the error.
Corrections apply to bid solicitations and
contracts retroactively to start of construction. 29 CFR 1.6(d) & FAR 48 CFR 22.404-7.
U.S. Department of LaborWage and Hour Division
Davis-Bacon Wage Determinations
Interpreting DBA WDs
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDs
Cover Sheet
Body of WD (Classifications, Rates & Fringe Benefits)
Conformance Requirement
Appeals Process
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsCover Sheet
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsCover Sheet
Decision Number (Supersedeas)StateCounty or City CoveredType of ConstructionDescription of Construction Record of Modifications
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsCover Sheet
Decision Number (Supersedeas)
Annual publication - General WDs
Replace prior wage decisions
WD numbers reflect new year
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsCover Sheet
State County Type of Construction Description of Construction
Include and Exclude Language
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsCover Sheet
Examples of inclusion/exclusion language: HIGHWAY CONSTRUCTION PROJECTS (Does not
include building structures in rest area projects)HEAVY CONSTRUCTION PROJECTS (includes flood
control, water & sewer lines, and water wells; excludes elevated storage tanks, industrial construction-chemical processing, power plants, and refineries)
BUILDING CONSTRUCTION PROJECTS (Does not include Treatment Plants or single family homes & apartments up to and including 4 stories)
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsCover Sheet
Record of Modifications:
Lists all modifications of the WD
Update union rates
Results of new survey
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsBody of WD
List of classifications and rates
Basis for rates – “Identifiers”
Union Identifiers
SU Identifiers
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsBody of WD
Union Identifier – example:
“ELEV0101A 10/15/2006” indicates:
ELEV: International Union – Elevator Constructors
101: Local union number
A: Internal processing number
10/15/2006: Date collectively bargained rate was bargained to take effect
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsBody of WD
Craft - BOSSIER, CADDO, & WEBSTER PARISHES
Rate Fringes
ELECTRICIAN (including low voltage wiring and installation of fire alarms and security systems)
$22.35 $8.56
ELEC0194-002 09/06/2007
CBA rates are updated when CBA rates are changed
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsBody of WD
SU (Non-Union) Identifier – Example:
“SULA2004-012 06/15/2004”
SU: SUrvey – Basis of Rate(s)
LA: Louisiana
2004: Date of Survey
012: Internal numbering
6/15/2004:Date submitted for publication
Note: SU non-union rates - remain unchanged until new survey
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsBody of WD
Craft Rates Fringes
CARPENTER (including drywall hanging, metal stud installation, and Form building and form setting)
$11.78 $0.00
Laborer, common $8.01 $0.00
SULA2004-012 06/15/2004
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsConformance Requirement
Unlisted classifications needed for work
not included within the scope of the
classifications listed may be added after
award only as provided in the labor standards
contract clauses (29 CFR 5.5(a)(1)(ii)).
Note: referenced clause reiterated at FAR 48 CFR 52.222-6(c).
U.S. Department of LaborWage and Hour Division
Interpreting “General” WDsAppeal Process
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting
forth a position on a wage determination
matter ……………………
U.S. Department of LaborWage and Hour Division
Davis-Bacon Wage Determination
Conformances
U.S. Department of LaborWage and Hour Division
Conformance Criteria29 CFR 5.5(a)(1)(ii) & FAR 48 CFR 52.222-6(c)(1)
Work not performed by classification in WD;
Rate must bear a reasonable relationship to WD rates; and
Classification is utilized in the area by the construction industry.
U.S. Department of LaborWage and Hour Division
Conformance ProcessContracting Agency & Contractors
Pre-Bid/Pre-Award:
Review WD;
Compare WD with project work;
Anticipate needed classifications; and
Consider criteria for approval.
U.S. Department of LaborWage and Hour Division
Conformance Process Note: conformance requests are not
needed for bona fide:
Apprentices – see contract clausesTrainees – see contract clausesWelders – see wage determination
U.S. Department of LaborWage and Hour Division
ConformancesSF-1444
U.S. Department of LaborWage and Hour Division
Conformance Process - Agency Contracting Agency Role – After Award:
Pre-construction conferenceSF-1444 to contractors – available at: http://www.wdol.gov/docs/sf1444.pdf.
Identify needed classes not on WDCertified payrollsOn-site inspection & interviewsContractor/employee/union/competitor inquiries/complaints
U.S. Department of LaborWage and Hour Division
Conformance Process – Contractor Contractor – After Award:
Identify needed classes not on WDPre-construction conferenceSubcontractor inquiriesCertified payrollsOn-site observation
Consider criteria for approval of conformances
Complete contractor section of SF-Form 1444See next slide for details
U.S. Department of LaborWage and Hour Division
Conformance Process – Contractor Contractor – After Award:
Complete contractor section of SF-Form 1444
Include description of work, as appropriate
Signature by subcontractor
Signature by prime or general contractor
Employee, if known (or representative)
Documentation of views if in dispute
Indicate if the request is for an ARRA project
U.S. Department of LaborWage and Hour Division
Conformance Process – Contractor
Contractor – After Award:
Forward completed SF-1444 to contracting agency for review, signature, and submission to DOL.
U.S. Department of LaborWage and Hour Division
Conformance Process – Agency Contracting Agency Conformance Review:
Document parties’ views –
Contractor, subcontractor, employeesDocument agreement of parties and/or any
dispute
Consider criteria for approval of conformances
Document agency recommendation
Contracting Officer signature
U.S. Department of LaborWage and Hour Division
Conformance Process - Agency Contracting agency conformance request:
Contracting Officer Signature.Submit request to DOL for response.
Conformance requests may be faxed or e-mailed to – (202) [email protected]
Communicate with DOL to:Respond to DOL requests for additional
information needed to process request.Obtain status if no response in 30 days.
U.S. Department of LaborWage and Hour Division
Conformance Process - DOL WHD Branch of Construction Wage
Determinations review - based on information submitted and criteria.
Letter to agency approves or denies each proposed additional classification & rate.
Interested parties may seek review & reconsideration (see later slides).
U.S. Department of LaborWage and Hour Division
Conformance Process - DOL DOL review:
Is requested classification listed on WD or cana classification on WD perform the work?
If not, does proposed rate bear a reasonable relationship to the rates already in the
contract WD for the given county and typeof construction.
Verify classification is utilized area by the construction industry.
U.S. Department of LaborWage and Hour Division
Conformance Process - Agency
Upon receipt of WHD response, agency communicates DOL determination to contractor and other interested parties.
Advises contractor and other interested parties of reconsideration and appeal procedures.
U.S. Department of LaborWage and Hour Division
Davis-Bacon Wage Determinations
Review & Reconsideration& Appeals to ARB
U.S. Department of LaborWage and Hour Division
Review - Initial Contact Survey, WD or Conformance Action
Initial contact on survey related matters should be directed to WHD Regional Office.
Initial contact on WD and conformance actions should be directed to the WHD National Office, Branch of Construction Wage Determinations.
U.S. Department of LaborWage and Hour Division
Review & Reconsideration by WHD Administrator
Request to the Administrator, WHD:In writingInclude supporting data
Final ruling will be issued by the WHD
Administrator May be appealed to the Administrative
Review Board (ARB) – See 29 CFR Part 7
U.S. Department of LaborWage and Hour Division
Wage Determinations On-Line (WDOL)
http://www.wdol.gov
(An E-Government Initiative)
U.S. Department of LaborWage and Hour Division
WDOL.GOV
Created by an inter-agency task force that
included DOL, DOD, OMB, GSA, DOE, and
the National Technical Information Systems
Links to SCA & DBA Wage Determinations• Current, Archived, and to be Revised
Library
U.S. Department of LaborWage and Hour Division
WDOL Home Page
U.S. Department of LaborWage and Hour Division
WDOL.GOV
FAQ’s – about WDOL User Guide Service Contract Act
Selecting SCA WDse98Archived WDsWDs due to be revisedPACT (Price Adjustment
Calculation Tool”
Davis-Bacon ActSelecting DBA WDsArchived WDsWDs due to be revised
Related InformationAgency Labor AdvisorsLibrary ‘DO”L Wage and Hour
Website
U.S. Department of LaborWage and Hour Division
Agency Labor Advisors
U.S. Department of LaborWage and Hour Division
Selecting DBA WDs
U.S. Department of LaborWage and Hour Division
WDs Due to be Revised
U.S. Department of LaborWage and Hour Division
Archived DBA WDs
U.S. Department of LaborWage and Hour Division
WDOL Library of Links and Related Information
Links on this site include links to:Sites for Contracting Agency Pre-Award ActivitiesListing of Debarred, Ineligible and Suspended Contractors
(Excluded Parties List System)SCA Directory of OccupationsConformances – SF-1444All Agency Memos issued by DOLDOL Prevailing Wage Resource BookDOL and State Apprenticeship OfficesAcronyms & Glossary Regulations and a Cross-Walk from Title 29 CFR
(DOL Regs) to Title 48 CFR (FAR)
U.S. Department of LaborWage and Hour Division
WHD Internet Sites
DOL Prevailing Wage Resource Book –
http:www.dol.gov/whd/recovery/pwrb/toc.htm.
WHD Recovery Act (ARRA) website –
http://www.dol.gov/whd/recovery/.
WHD ARRA inquiries e-mail address –
U.S. Department of LaborWage and Hour Division
Internet Sites
Wage Determinations – http://www.wdol.gov
Wage and Hour Division – http://www.dol.gov/whd
Office of the Administrative Law Judges Law Library – http://www.oalj.dol.gov
Administrative Review Board – http://www.dol.gov/arb
Debarred Bidders List – http://www.epls.gov
HUD – http://www.HUD.gov/offices/olr
U.S. Department of LaborWage and Hour Division
Disclaimer
This presentation is intended as general information only and does not carry the force of legal opinion.
The Department of Labor is providing this information as a public service. This information and related materials are presented to give the public access to information on Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention.
U.S. Department of LaborWage and Hour Division
Q & A