Appeals To The ARB

The Administrator's decision can be appealed to the ARB pursuant to the provisions of 29 C.F.R. Part 8: "Practice Before The Administrative Review Board With Regard To Federal Service Contracts."

  1. Only final rulings of the WHD Administrator - signed by the Administrator (or Acting Administrator) - are subject to appeal to the ARB.
  2. An appeal to the ARB may be submitted within 20 days of the issuance of the Administrator's final ruling that denies a request to make changes in the wage determination or conformance decision in question.
  3. The petition must be in writing and contain all necessary information as outlined in 29 C.F.R. § 8.4.
  4. The ARB may not request any federal contracting agency to postpone any contract action because of the filing of a petition.
  5. The ARB will not review a wage determination after award, exercise of an option, or extension of a contract unless the following conditions, prescribed by 29 C.F.R. § 8.6, are in effect:
    1. A section 4(c) wage determination may be reviewed after award, exercise of option, or extension of a contract if it has been issued as a result of an ALJ finding following a section 4(c) hearing that substantial variance exists or that arm's-length negotiations did not take place.
    2. Where a petition for review of a wage determination is filed prior to award, exercise of option, or extension of contract, the ARB may review it after the fact if the issue is a significant issue of general applicability. However, in the particular case, the ARB decision will not affect the contract in question after award or exercise of an option or extension.
  6. The ARB may decline review of a case, remand it to the Administrator with instructions for obtaining additional evidence or making new or modified findings, or choose to hear the case. There is no deadline for action by the ARB, only that it acts expeditiously, taking into consideration procurement deadlines.

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
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  • 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

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