Wage Determination Extensions And Clerical Error Corrections
Bid solicitation documents must be amended to include modifications to a GWD or a new project wage determination (if the project wage determination expired); unless the contracting/assisting agency requests an extension from the WHD and the WHD Administrator grants the extension. An agency may request an extension after bid opening if:
- GWD: Award does not take place within 90 days after the bid opening,
- Project wage determination: The determination expires prior to award.
For certain HUD-assisted projects, different dates apply to when an extension may be requested. 29 C.F.R. §§ 1.6(c)(2)(iv) and 1.6(a)(1), respectively.
A request for an extension must be supported by a written finding, including factual support that the extension is necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment in the conduct of government business.
Example: A public commission must review bid documents after bid opening and before award, and the prospective bidders have agreed to continue their bids in effect during the review period.
Correction Of Inadvertent Clerical Errors
Upon his or her own initiative, or at the request of an agency, the WHD Administrator may correct any wage determination if she/he finds that the determination contains an inadvertent clerical error. Such corrections shall be included in any on-going contracts containing the wage determination in question, retroactively to the start of construction, and also in any bid specifications containing the wage determination (for example, after bid opening). 29 C.F.R. § 1.6(d), reiterated in the FAR at 48 C.F.R. § 22.404-7.
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.
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.