- Current Wage Determination(s)
It is the responsibility of the federal agency to ensure that the appropriate up-to-date wage determination is included in the bid/RFP or grant documents, and that modifications are included up to the time of award, or other applicable wage determination lock-in date.
Section 1.6 of Regulations, 29 C.F.R. Part 1 sets forth, in detail, the requirements regarding inclusion of up-to-date wage determinations in bid/contract documents:
- As a general rule, which particularly affects negotiated contracts (RFPs), the most up-to-date wage determination(s) issued at the time of contract award must be incorporated into Davis-Bacon covered contracts. 29 C.F.R. § 1.6(c)(2)(i).
- For contracts entered into pursuant to competitive bidding procedures, an exception provides that wage determination updates issued less than 10 days before the opening of bids shall be effective unless there is not a reasonable time still available before bid opening to notify bidders of the update, and a report of the finding to that effect is inserted in the contract file. 29 C.F.R. § 1.6(a)(2)(i)(A).
- However where a GWD applies, if the contract is not awarded within 90 days after bid opening (or other applicable dates for certain HUD projects), modifications to the wage determination(s) must be incorporated into the contract up to award, unless the contracting/assisting agency requests and obtains an extension of the 90-day period. 29 C.F.R. § 1.6(c)(3)(iv).
Similarly, if, due to unavoidable circumstances, a project wage decision expires between bid opening and contract award (or other applicable dates for certain HUD projects), the contracting/assisting agency may request an extension instead of a new project wage determination. 29 C.F.R. § 1.6(a)(1).
- Note: For further guidance in the application of other dates to HUD-assisted projects, it is appropriate to contact a HUD labor advisor. See: https://www.hud.gov/contact/principal_directory.
- "Modifications" to Davis-Bacon wage determinations and "Supersedeas" wage determinations issued after award of a contract do not apply to a contract. 29 C.F.R. § 1.6(c)(2)(ii). A Davis-Bacon wage determination that is appropriately applied to a covered contract normally establishes the minimum wage rates and fringe benefits which must be paid for the entire term of the contract.
- After bid opening/award of a contract, properly applied Davis-Bacon wage determinations will not be modified, except rarely, such as where a correction of an inadvertent clerical error is issued. 29 C.F.R. § 1.6(b) and (c), reiterated in the FAR at 48 C.F.R. §§ 22.404-2 and 22,404-7. See also 29 C.F.R. § 1.6(b)(e), (f) and (g), and FAR at 48 C.F.R. § 22.404-9.
- With regard to multi-year term contracts, such as are common at military installations, see All Agency Memorandum No. 157. (Also, FAR guidance at 48 C.F.R. § 22.404-12 applies to federal agencies.)
- In pre-bid conferences, contractors should be advised/encouraged to review the Davis-Bacon wage determinations in the bid documents, and to raise any questions/complaints they have during the advertising period. Often, out-of-date rates, errors, and wrong assumptions regarding the application of Davis-Bacon wage determinations can be corrected prior to bid opening/award, which, if not corrected then, and brought to light later will be deemed untimely complaints.
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.