u.s. department of labor wage and hour division health resources and services administration (hrsa)...
TRANSCRIPT
U.S. Department of LaborWage and Hour Division
Health Resources and ServicesAdministration (HRSA)
DAVIS-BACON WEBINAR TRAINING
Covering Wage Determinations, Conformances, & Certified Payrolls
Thursday, June 10, 2010
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
ActThe Copeland ActPrevailing 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 Labor Standards (29 CFR 5.5)
Minimum wages (MW’s)
Withholding
Maintaining basic payroll records
Submission of certified payroll records
Apprentices
Trainees
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
Davis-Bacon Labor Standards
Copeland Act (CA) compliance
Subcontracts
Contract termination and debarment
Rulings and interpretations
Disputes
Certification of eligibility
U.S. Department of LaborWage and Hour Division
Davis-Bacon
Wage Determinations
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
DB Wage Determinations What Is It?
A document issued by the Wage and Hour Division specifying the minimum hourly wage rates and fringe benefits that contractors and subcontractors are required to pay employees working on construction projects.
U.S. Department of LaborWage and Hour Division
DB Wage DeterminationsWhy Do I Need One?
The Davis-Bacon Act requires that each contract over $2,000 to which the Federal Government or the District of Columbia is a party to for the construction, alteration and or repair of a public building or public work, including painting and decorating, must contain clauses setting forth the minimum wages to be paid to various classes of laborers and mechanics employed on federally funded or assisted construction projects.
U.S. Department of LaborWage and Hour Division
DB Wage DeterminationsHow Do I Get One?
If you are a Contracting Officer or Federal AgencyOfficial site for General Wage Determinations –
http://www.wdol.gov/ If you are a Contractor
Federal agencies are required to include WD’s in the solicitation and contract documents
If you are a SubcontractorPrime contractor is required to include WD’s in
subcontractors agreement
U.S. Department of LaborWage and Hour Division
DB Wage DeterminationsSelecting The Proper Wage
Determinations Location: State and County Type of Construction: Building; Heavy; Highway;
Residential Current WD: question or disputes concerning
appropriate classification of project should be submitted to Wage and Hour Division for resolution
U.S. Department of LaborWage and Hour Division
DB Wage DeterminationsTypes
General Wage Determinations Project Wage Determinations
U.S. Department of LaborWage and Hour Division
DB Wage DeterminationsGeneral
Have been issued for most counties and for each major type of construction, nationwide
May be used by the Federal agency without notifying the WHD
Official site for General Wage Determinations – http://www.wdol.gov/
U.S. Department of LaborWage and Hour Division
Project Wage Determinations
Issued on case-by-case basis where no general WD is in effect or where virtually all the work (100%) on a contract will be performed by a classification that is not listed in general WD
SF-308, “Request for Determination and Response To Request” submitted by agency to request Project WD
U.S. Department of LaborWage and Hour Division
DB/DBRA WAGE DeterminationModifications
Both General and Project WD’s may be modified:To apply results of a new surveyTo update union rates due to changes in CBA’sGeneral Wage Decisions contain “Supersedes
wage decisions” that replace prior General WD’s. These WD’s begin with Mod. No. 0
U.S. Department of LaborWage and Hour Division
DB/DBRA Current Wage Determinations
Contracting agency must ensure that up to date WDs are included in bid/RFP documents, and modifications are included up to the time of award
On negotiated contracts (RFPs), contracting agency must use most up to date WD issued at time of contract award date
U.S. Department of LaborWage and Hour Division
DB/DBRA Current Wage Determinations
On competitive bidding contracts, WD’s issued within 10 days of opening bid date shall be used unless there is not enough time to notify all bidders
Where General WD applies, if contract not awarded within 90 days, new modifications must be incorporated or extensions applied for and granted.
Same for Project WD that expires before award
U.S. Department of LaborWage and Hour Division
DB/DBRA Current Wage Determination
Modifications to DB WDs and supersedes WD issued after award do not apply to contract.
During pre-bid conferences, Contractors should be encouraged to review WDs and raise any objections or questions during advertising period. Later complaints may be deemed untimely and not be acted upon.
U.S. Department of LaborWage and Hour Division
DB/DBRA Wage Determination Extensions
Granted by WH Administrator if after opening bid: For General WD, award does not take place within 90
days For Project WD, WD expires before award date Request is supported by written finding with factual
support that extension is necessary and in public interest
U.S. Department of LaborWage and Hour Division
DB/DBRA Wage DeterminationCorrection of Clerical Errors
WH Administrator may correct any WD if it is determined that it contains inadvertent clerical error
Such corrections are retroactive to start of construction and in any bid specification
U.S. Department of LaborWage and Hour Division
DB/DBRA Wage DeterminationCover Sheet
The decision number Number of WD superseded, if applicable State(s) covered Type of Construction Counties or cities covered Description of construction WD applies, or does not
apply to Record of Modifications
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
WDOL Home Page
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
Archived DBA WDs
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
Library
SCA Directory of Occupations Applicable Regulations – FAR & DOL FAR Supplement & Other Acquisition Regulations Sites relating to labor standards & compliance
requirements
U.S. Department of LaborWage and Hour Division
Library
Acronyms & Glossary Sites for Contracting Agency Pre-Award Activities Related Documents/Links Cross-Walk from Title 29 CFR (DOL Regs) to Title 48
CFR (FAR) Conformances
U.S. Department of LaborWage and Hour Division
Applicable Regulations
Title 41 CFR (FAR) Federal Register Title 29 CFR (DOL Regulations) Engineer Pamphlet on SCA Labor Relations
U.S. Department of LaborWage and Hour Division
Other Internet Sites
Wage and Hour Division - http://www.dol.gov/esa/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
U.S. Department of LaborWage and Hour Division
DAVIS-BACONWage
Determination
Conformances
U.S. Department of LaborWage and Hour Division
DB/DBRA Wage DeterminationConformance Process
Is requested classification already listed in contract WD?
Can a classification in the contract WD perform the work?
U.S. Department of LaborWage and Hour Division
DB/DBRA Wage DeterminationConformance Process
If yes, is WD classification a union or non-union rate?Union rate - only information from union segment
of industry is relevant to determining if request should be denied
Non-union rate - only practices of non-union contractors may be used as basis for denying request
U.S. Department of LaborWage and Hour Division
DB/DBRA Wage DeterminationConformance Process
Is there evidence that duties in question were performed by employees in that sector of the construction industry on similar construction in area prior to award?
If there is such evidence - request must be denied If no such evidence - determine if requested rate
bears reasonable relationship to wage rates on WD
U.S. Department of LaborWage and Hour Division
DB/DBRA Wage DeterminationConformance Process
WeldersAdditional classification not generally neededWelding is commonly considered incidental to
ironworkers, plumbers, sheet metal workers, etc.
U.S. Department of LaborWage and Hour Division
DB/DBRA Wage DeterminationSpecial Situations
Additional classifications and wage rates are not needed for bona fide apprentices and trainees They can work for less that WD wage rates only if
they are registered in an approved program authorized by or recognized by Bureau of Apprenticeship Training (BAT)
U.S. Department of LaborWage and Hour Division
DB/DBRA Wage DeterminationSpecial Situations
Helpers may not be employed and a helper rate conformance request will not be approved unless duties are clearly defined and distinct from those of journeyman classification, and use is established by prevailing practice
U.S. Department of LaborWage and Hour Division
DB/DBRA Wage Determination Conformance Process
SF-1444 Is classification already listed? Does a listed classification perform the work? Is listed classification union or non-union rate? Is there project payment evidence from that sector? Does listed classification performing the work
disapprove of request? If work not performed by listed classification, is
requested rate comparable to other rates?
U.S. Department of LaborWage and Hour Division
Conformances
CLASSROOM EXERCISE
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
U.S. Department of LaborWage and Hour Division
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.