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WHAT'S NEW?
U.S. Department of Labor Publishes Prevailing Wage Resource Book
As you know the US DOL published new administrative rules covering federal Davis Bacon prevailing wages October 2023. On April 3, 2024 they have released a new Prevailing Wage Resource Book. Here is the link Prevailing Wage Resource Book | U.S. Department of Labor (dol.gov). Most of the changes just formalized current protocol and interpretations.
Just a few reminders. An awarding agency is supposed to provide specific contract language and a full copy of the applicable wage determination. However, the new regulations, say if those are not included, a contractor will not automatically get a change order if the contractor knew or should have known the project was subject to Davis Bacon. What does that mean? You should search for words such as “davis”, “bacon” “prevailing wage”, “CFR”. If the contract or grant is from a federal agency, and you do not find these words in your contract or grant agreement, you should send an email to your contact at the agency and ask for clarification.
The DOL still requires certified payroll submitted with original signature UNLESS you are using an electronic web-based delivery system – such as LCPtracker or a similar program.
Remember if the wage classification for your type of work is not found in the wage determination, you need to request a “conformance” using SF 1444. Do not assume you can use a local prevailing wage rate or just classify the worker as a Common Laborer. The process generally takes 30 days. See article below.
Getting the Best Results from a Conformance Request
The SF 1444 is a one page form. How hard can that be? You can increase your opportunity for a prompt and accurate response when requesting a new wage rate and classification by sending a fully complete SF 1444. Make sure you have all the spaces filled, even if that means N/A. At minimum, the form has to be signed by the prime contractor, an employee and the “owner”. Sometimes the owner is the federal government, sometimes if is another public agency or a grant recipient. An employee working in the classification for which the conformance is requested, should also sign. If the request is coming from a subcontractor, then the subcontractor must sign too.
However, to prevent the conformance office from asking you a bunch of additional questions, CCMI always includes a cover letter that provides details of any specific situation. For Example: “This project triggers prevailing wages due to the housing project accepting Section 8 vouchers. There is no federal agency or contracting officer affiliated with that project. The wage classification we seek are: XXXXXX The scope of work is: XXXXX. The wage rate we suggested is from: XXXX (Collective bargaining agreement, state prevailing wage, one of the other Davis Bacon wage rates from a nearby county)”. Then be sure to include a copy of the applicable wage determination from that other source. If you have not received a response within 30 days, then follow up with the conformance office.
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