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Welcome to our newsletter! You will find important updates and industry related news, along with upcoming speaking events and educational opportunities. Thank you for your interest in CCMI.

Deborah Wilder
CCMI President 


On Tuesday, August 8, 2023, the U.S. Department of Labor issued its final regulations updating the Davis-Bacon Act. This is the first major update to those regulations in 39 years. While there are many changes which are administrative in nature and not truly significant, I do want to highlight a couple of key factors that both contractors and agencies will need to keep in mind. Because of the numerous changes, I am writing this in two parts. Let’s get started:

New Way DOL Will Determine Prevailing Wage The DOL will use the 30% rule to determine prevailing wages. Under the prior rule, 50% of the wages had to be the same before that wage rate would be adopted as prevailing. Now only 30% of the wages need to be the same for the wage rate to be adopted.

State Prevailing Wage Rates can be Adopted. DOL can now adopt State prevailing wage rates as the prevailing wage rate under the Davis Bacon Act.

Automatic Adjustment in Wage Rates Every 3 Years For projects which are more than 3 years in duration, there will be a cost of living increase for specific wages every 3 years.

Prevailing Wage Updates Updates to current DB rates will apply if: 1) a change order adds work which is not part of the original scope of work; 2) additional time is added to the contract not originally obligated, included triggering exercising an option; 3) certain on call and maintenance contracts (IDIQ type contracts) not tied to a specific contract with a firm completion date will require updates annually. Certain types of Tasks Orders will need to incorporate current DB wages to apply for each Task Order.

Expanded Definition of Building and Work Definition expanded to include solar panels, wind turbine, broadband installation, electric car charges and similar activities.

Expanded Definition of Contracting Officer  Expanded definition of contracting officer now includes someone involved in the contract award process for a state or local agency.

Clarification of Site of Work Site of work includes any site where a significant portion of the work is performed, even if not directly on the project site itself, if the site is designated to service the particular DB or DBRA project. Regulations continue to exclude manufacturing or assembly which occurs in a contractor’s permanent shop.

Documentation Updates All records relating to labor compliance are to be maintained for a period of 3 years from completion of the project by the prime contractor. Also, confirmation that CPRs may be signed and submitted electronically (eliminating the wet signature requirement).

Double Standard Created for FAR contracts Inclusion of federal contract clauses and applicable wage rates has been the norm for decades. The new regulations allow contracts awarded under the FAR (Federal Acquisition Regulations) to incorporate the wage determination and contract clauses by reference.

Anti-Retaliation Final rules added anti-retaliation provisions, including “make whole” remedies.

Interest Added to Worker Wages Due Interest will apply to wages due as established by the IRS. (Interest will be compounded daily.)

Consistent Debarment for DB and DBRA violations  A 3 year debarment is now the standard for serious violations under the Davis Bacon or Davis Bacon and Related Act contracts. Debarment will also apply to officers of contractors and subcontractors.

Stay Tuned for installment 2 on fringe benefits and apprenticeship.


Upcoming Training:


American Contract Compliance Officer’s Association: August 17 Memphis, TN “PLAs The Good The Bad and the Uncertain”. For more information: https://www.accaweb.org/

California Special District Association Annual Meeting August 28-31

Monterey https://www.csda.net

September 6: What is New Under the New Davis Bacon Regulations 10:00 -11:30 a.m. PST. Cost is $189 Purchase online www.ccmilcp.com. Session is limited to first 75 participants


Remember if you need more training, Deborah Wilder is the presenter on the LCPtracker Academy Prevailing wage workshops. Go to www.LCPtracker.com and select the education tab.

Want to schedule your own prevailing wage workshop?

We will customize a workshop or webinar for you and your Agency/Account. Contact us at: info@ccmilcp.com 

What Every Contractor Should Know About Prevailing Wages, 3rd Edition.
Available through www.ccmilcp.com $45 inclusive of tax and shipping.
FROM THE INBOX....You asked, we answered!


I am a California contractor working our first prevailing wage project in Nevada. In California there is travel pay required in addition to prevailing wages. I cannot find anything about travel pay in Nevada, how does that work?


There is no official “travel pay” related to prevailing wage projects. Instead, Nevada invokes Zone Pay which is triggered based on the project’s location and not necessarily based on the length of time your specific employee must travel. Certainly, there are general labor and employment laws for the time your employees travel from California to Nevada which would need to be paid, but no specific travel pay related to the specific location of the project in Nevada. Just be sure to pay any applicable zone pay, which can be found in the wage determination.

Feel free to send your questions to info@ccmilcp.com
CCMI is not just another firm....

We are not merely a "consulting" firm, but rather a team of individuals who understand the needs of the Public Entity and contractors to "get the project done." Our staff includes retired contractors, auditors, attorneys and industry veterans.
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