Overview Of Davis-Bacon Survey Process

  • When a survey is started, national and local interested parties are notified of the survey, its boundaries, time frame, and cutoff date by letter which requests their participation by facilitating the survey briefing process, encouraging contractors/members to participate in the survey and through the submission of wage data.
  • Contractors are identified initially from construction information provided on F.W. Dodge reports and are sent letters requesting wage data and lists of subcontractors. Subcontractors are also contacted for wage data.
  • Follow-up on all non-responses. Analysts call contractors to obtain missing data and/or to clarify wage data submissions.
  • Wage and fringe benefit data are collected from construction contractors and other interested parties on WD-10 survey forms including an electronic version found at: (https://www.dol.gov/whd/programs/dbra/WD10Instrctns/wd10instructions.htm).
  • Wage data submissions are verified as to area, time frame, construction type, and timeliness. WHD analysis of survey data and resolution of "area practice" issues presented by the data are carried out. ("Area practice" issues arise in the survey process when
  • multiple classifications perform the same work.)
  • Third party verification, contractor verification, on-site verification are conducted.
  • The wage data are tabulated in a computer program and prevailing wage rates and fringe benefits are calculated.
    1. If a majority of the workers in a classification were paid the same rate, that rate will be determined to be the prevailing wage for the classification. For example, if a majority were paid the union rate negotiated for certain work under a collective bargaining agreement in the area, that rate will be determined to be the prevailing wage for the classification.
    2. If the data does not show such a majority for a given classification, the average of the wages paid, weighted by the total employed in that classification, will be determined to be the prevailing wage for the classification. 29 C.F.R. § 1.2(a).
    These wage rates are tested for adequacy. Wage determinations are developed and issued where data adequacy tests have been met.
  • Data from metropolitan counties cannot be used in determining wages for non-metropolitan areas; and vice versa. 29 C.F.R. § 1.7(b).
  • Data collection for multiple construction type statewide surveys range from 4 to 6 months and follow-up analysis and clarification can take 12-18 months after the survey cut-off date.
  • Accurate and comprehensive wage determinations are dependent upon interested party participation in the survey process.
  • Survey participation by federal procurement agencies is sometimes required to issue a new wage schedule.
  • Federal agencies may also play a key role in survey success by encouraging participation.
  • The DOL/WHD prevailing wage determinations based upon survey data cannot reflect wage data that is not submitted. They can only reflect the data that is actually submitted.


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.

This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.

 
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