General And Project Wage Determinations
The WHD issues two types of Davis-Bacon wage determinations: general determinations and project determinations.
The term "wage determination" includes not only the original decision but any subsequent decisions modifying, superseding, correcting, or otherwise changing the rates and/or scope of the original decision.
General Wage Determinations (GWDs)
- GWDs are now in effect nationwide for most counties for each general type of construction - building, residential, highway, and heavy. In many areas separate schedules are also issued for sewer and water line construction, for dredging, and for certain other types of projects which would otherwise be categorized as "heavy" construction.
- Annual editions of the GWDs are issued in the first quarter of each calendar year ("rollover"). Each annual edition supersedes the previous GWDs, and the wage decision numbers reflect the year of a new edition.
- Any changes in wage rates on the GWDs are made in weekly updates, generally on Friday, and are reflected in modification numbers on the GWD.
- On September 26, 2005, the Wage Determinations On Line website (https://beta.sam.gov/search?index=wd) became the official site for all Davis-Bacon GWDs. This is a free on-line service. The hard copy publication previously available through the Government Printing Office of the Superintendent of Documents is no longer published.
Project Wage Determinations
Project Wage Determinations are obtained on a case-by-case basis for individual projects where:
- There is no GWD in effect for a county/type of construction needed for an upcoming project, or
- Virtually all the work on a contract will be performed by a classification that is not listed in the GWD that would otherwise apply and bid opening/award has not yet taken place.
To request a project wage determination, a Standard Form 308 (SF-308) "Request for Determination and Response to Request" should be used by the agency (normally a federal agency).
- If the project involves multiple types of construction, the requesting agency should attach information indicating the expected cost breakdown by type of construction.
- The time required for processing requests for a wage determination varies according to the facts and circumstances in each case. An agency should anticipate that such processing will take at least 30 days.
- The completed SF-308 should be sent to:
U.S. Department of Labor Wage and Hour Division
Branch of Construction Wage Determinations
Washington, D.C. 20210
- SF-308's can be downloaded from the "Library" section of the WDOL website (https://www.dol.gov/agencies/whd/government-contracts/construction/forms/sf-308). The SF-308 is also available at FAR 48 C.F.R. § 53.301-330.
Project decisions are applicable only to the particular project for which they are issued and are effective for 180 days. If a project decision is not used in the period of its effectiveness, it is void.
- Accordingly, if it appears that a wage determination may expire between bid opening and contract award, the agency should request a new project wage determination sufficiently in advance of the bid opening to assure receipt prior thereto.
- However, when due to unavoidable circumstances, a project wage determination expires before award but after bid opening (or other date specified in 29 C.F.R. § 1.6(a)(1) for certain HUD programs), an extension of the project wage determination's expiration date may be requested from and granted by the WHD Administrator if certain conditions are met. (See "Wage Determination Extensions," below.)
"Special" Project Wage Determinations are issued for retroactive application to covered contracts let without a Davis-Bacon wage determination, or with a wage determination which by its terms or the provisions of 29 C.F.R. Part 1 clearly does not apply to the contract - for example, if a wage determination for the wrong county or an out-of-date wage decision has been included in an awarded contract, and there was no GWD in effect for the given county and type of construction at the time of contract award. 29 C.F.R. § 1.6(f).
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
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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.