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A Practical Guide to the Davis-Bacon Act
An in-depth analysis of the Davis-Bacon Act's requirements regarding wage rates and their impact on daily activities. The course's coverage includes discussions of what the Act requires of contractors, special problem areas, overtime matters and calculations, sanctions for violations, how to develop on-going compliance procedures and more. One day. 6.0 CPE hours. Fee per person: $950.
Federal Publications Seminars
Who Should Attend?
This Course is Eligible for
This Course is Eligible for
6.0(CPE) hours of credit.
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
A Special one-day program for those involved with Government contract labor and wage requirements.
A two day course on the Service Contract Act follows this class in the Washington, DC location.
For those who perform construction, alteration or repair for the Federal Government:
- In-depth analysis of the Act's requirements regarding wage rates and their impact on your daily activities.
- Dispute and problem resolution.
- Analyses of pending and proposed legislative initiatives.
- Effective compliance procedures.
- Government contractors are required to comply with a wide range of labor standards imposed under various Federal statutes. For anyone involved in Government contracts of more than $2000 for the construction, alteration, or repair of public buildings or public works, some of the key requirements that must be met are those posed by the Davis-Bacon Act.
Many problems can arise in the Act’s interpretation, administration and enforcement including:
- The classification of workers.
- How an area’s "prevailing" rates are determined.
- What constitutes the work site.
- Bona fide employee fringe benefit plans.
- Service and supply contracts vs. construction contracts.
- Sanctions for violations and non-compliance.
- Payment schedule and record keeping requirements.
- ...and much more.
This program is a step-by-step analysis of the information contractors and their personnel--contract managers, personnel professionals, financial professionals, legal counsel, project managers, and others--need to know regarding the Davis-Bacon Act.
History and Purpose of the Act
- Remedial Purpose
- Relationship to Other Labor Laws
- Statistical Data on Department of Labor Enforcement Actions
Requirements of the Act
- Construction, Alteration or Repair of Public Works
- What is construction?
- What is a public work?
- What is the site of the work?
- Federally Assisted Construction
- Prevailing Wages
- General rule
- Credits allowed
- Bona Fide Fringe Benefits
- Types of acceptable fringes
- Application to noncovered work
- Self-insurance program
- Health and Safety
- Recordkeeping and Certified Payroll
- Federal Register Notice
- Available by Subscription
- Defining Locality
- Project and Area Decisions
- Geographical boundaries
- Expiration prior to contract award
- Wage decision not a representation
- Service vs. Construction Contracts
- Supply vs. Construction Contracts
- Maintenance and Operation Contracts
- Task Order Contracts
- Adding Requirements Beyond the Act
- Access to Information
- Government Superior Knowledge
- Classification Problems
- Finality of Classifications
Authority to Interpret the Act
- Department of Labor Authority-All Disputes Clauses
- GAO Authority-Bid Protests
- Department of Justice Authority-UDAG and Lease Agreements
- Procuring Agency Authority
Other State and Federal Law Requirements
- Little Davis-Bacon Acts
- Christian Doctrine
- NLRB Overlap
Sanctions for Violations
- Priority to withhold funds
- Court Actions for Underpayment
- Statute of limitations
- Ineligibility Listings/Debarment
- Standard for debarment
- Judicial Review
- Contract Work Hours and Safety Standards Act (CWHSSA) Debarment
- Termination for Default
- Criminal Prosecution
- Appellate Rights
- Wage Appeals Board procedures
- Wage Appeals Board rulings
- Judicial Review
- Employee Private Cause of Action
- Suits By Subcontractors
- CWHSSA Requirements
- Fair Labor Standards Act Requirements
- Calculating Overtime
- Regulatory Developments and Proposals
- The FAR
- Proposed abolition of certified payroll requirement
- Legislative Proposals
- Proposed abolition of the Davis-Bacon Act
- Changes in dollar threshold
- The Kennedy Bill
Federal Publications Inc., founded in Washington, DC in 1958, is recognized as the dominant force in providing Government procurement information to contracts professionals—the leader for high quality print publications, electronic materials, and educational seminars on Government contracting subjects. Construction contracting, immigration law, personnel and employment, international law and business, and environmental law are other areas in which Federal Publications has gained a reputation for high quality products.
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