LCA Responsibilities for Davis-Bacon Labor Standards

State, tribal and local contracting agencies (LCAs) that administer HUD programs agree to administer and enforce Davis-Bacon requirements as a condition for receiving HUD program assistance. LCAs have the following responsibilities:

  1. Designate appropriate staff (e.g. a Contract Administrator) before the start of construction to ensure compliance with all applicable labor standards requirements and to act for and in liaison with HUD. Provide the name(s) of the staff to the appropriate HUD Field Office of Labor Relations.

  2. Establish a construction contract management system which meets the standards of Part 85 (24 CFR - HUD regulations), Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments.
  3. Ensure all bid documents, contracts and subcontracts contain the applicable Davis-Bacon wage decision and Federal labor standards provisions.
  4. Ensure no contract is awarded to a contractor that is ineligible (e.g., debarred) for Federally-assisted work.
  5. Conduct on-site inspections including interviews with laborers and mechanics employed on the construction project. Ensure that the applicable Davis-Bacon wage decision and DOL’s Davis-Bacon poster (Form WH-1321) are displayed at the job site.
  6. Review certified payroll reports and related documentation. Identify any discrepancies and/or violations. Ensure any needed corrections are made promptly, including the payment of wage restitution, as needed, and the assessment and collection of liquidated damages, as appropriate.
  7. Maintain full documentation of Federal labor standards administration and enforcement activities.
  8. Refer potential criminal or complex enforcement actions to HUD, in addition to Contract Work Hours and Safety Standards Act (CWHSSA) liquidated damages assessments for overtime violations and debarment recommendations.
  9. Comply with all HUD requirements concerning statutory, program and/or other requirements.
  10. Prepare Federal labor standards enforcement reports as required in U.S. Department of Labor (DOL) regulations (29 CFR Part 5, Section 5.7).


Consulting Services We Provide

  • Review public works preconstruction contracts
  • Monitor DIR contractor/subcontractor certified payrolls
  • Audit labor classification for each worker employed
  • Review DIR pre-DAS 140/142 submissions
  • Review CAC training fund contributions form CAC-2
  • Review DIR Fringe Benefits Statement PW-26
  • Monitor DIR wage determinations
  • Audit fringe benefits allowances
  • Review DIR holiday payment requirements
  • Audit DIR travel & subsistence requirements
  • Caltrans Labor Compliance
  • County of Sacramento Labor Compliance
  • City of Los Angeles Labor Compliance
  • Los Angeles Unified School District Labor Compliance
  • Federal Davis-Bacon Project Monitoring
  • Federal DBE Implementation & Review
  • Federal FAA AIP Goal Setting
  • DIR & Davis-Bacon Training
  • DIR Civil Wage Penalty Review
  • Local-Hire Review (e.g., San Francisco)
  • Skilled and Trained Workforce

Give us a call to discuss your labor compliance requirements.

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or legal opinions on any specific facts or circumstances.

 
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