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Overview

Who should attend:

A special one-day program for those involved with Government contract labor and wage requirements— personnel professionals, contract managers, compliance officials, legal counsel, and financial personnel featuring:

What you will learn:

  • 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
  • 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 benefits plans
  • Service and supply contracts vs. construction contracts
  • Debarment
  • Payment schedule and record-keeping requirements
  • NEW FOR 2024
    • For DBA: New rules, the first in over 3 decades from the Department of Labor will be impacting contracts going forward
    • For Service Contract Act - The Department of Labor is changing rules that will impact service contracts
    • Regarding government construction courses - with the changes in the Davis-Bacon Act, you will learn how it impacts your current and future contracts.
  • ..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.

Materials include:

• Course Manual

• Presentation Materials

Learning Objectives
After completing this course, you will be able to:

  • Know the standards and regulations of the Davis Bacon Act
  • Accurately determine wage rates based on DBA 
  • Create effective compliance procedures
  • Accurately classify workers and based on an areas ‘prevailing’ rate
  • Establish bona fide fringe benefit plans
  • Recognize the difference between a service contract and a construction contract
  • Understand the debarment procedures and consequences
     
Dates/Locations
No upcoming dates/locations at this time
Agenda
8:00 AM - 3:00 PM
Las Vegas September Weeklong Conference
9:00 AM - 4:00 PM
All other locations
  1. History and Purpose of the Act
    1. Background
    2. Remedial Purpose
    3. Relationship to Other Labor Laws
    4. Statistical Data on Department of Labor Enforcement Actions
  2. Requirements of the Act
    1. Construction, Alteration or Repair of Public Works
      1. What is construction?
      2. What is a public work?
      3. What is the site of the work?
    2. Federally Assisted Construction
    3. Prevailing Wages
      1. General rule
      2. Credits allowed
    4. Bona Fide Fringe Benefits
      1. Types of acceptable fringes
      2. Application to noncovered work
      3. Self-insurance program
    5. Health and Safety
    6. Recordkeeping and Certified Payroll
  3. Wage Determinations
    1. Federal Register Notice
    2. Available by Subscription
    3. Defining Locality
    4. Project and Area Decisions
      1. Geographical boundaries
      2. Apprentices
      3. Helpers
      4. Expiration prior to contract award
      5. Wage decision not a representation
  4. Special Problems
    1. Service vs. Construction Contracts
    2. Supply vs. Construction Contracts
    3. Maintenance and Operation Contracts
    4. Task Order Contracts
    5. Adding Requirements Beyond the Act
    6. Access to Information
    7. Government Superior Knowledge
    8. Classification Problems
    9. Finality of Classifications
    10. Conformances
  5. Authority to Interpret the Act
    1. Department of Labor Authority-All Disputes Clauses
    2. GAO Authority-Bid Protests
    3. Department of Justice Authority-UDAG and Lease Agreements
    4. Procuring Agency Authority
  6. Other State and Federal Law Requirements
    1. Little Davis-Bacon Acts
    2. Preemption
    3. Christian Doctrine
    4. NLRB Overlap
  7. Sanctions for Violations
    1. Withholding
      1. Procedure
      2. Priority to withhold funds
    2. Court Actions for Underpayment
      1. Standing
      2. Statute of limitations
      3. Sureties
      4. Interest
    3. Ineligibility Listings/Debarment
      1. Standard for debarment
      2. Procedure
      3. Judicial Review
      4. Contract Work Hours and Safety Standards Act (CWHSSA) Debarment
    4. Termination for Default
    5. Criminal Prosecution
    6. Appellate Rights
      1. Wage Appeals Board procedures
      2. Wage Appeals Board rulings
      3. Judicial Review
    7. Employee Private Cause of Action
    8. Suits By Subcontractors
  8. Overtime
    1. CWHSSA Requirements
    2. Fair Labor Standards Act Requirements
    3. Calculating Overtime
  9. Future Developments
    1. Regulatory Developments and Proposals
      1. The FAR
      2. Proposed abolition of certified payroll requirement
    2. Legislative Proposals
      1. Proposed abolition of the Davis-Bacon Act
      2. Changes in dollar threshold
      3. The Kennedy Bill

 

Experts
  • Daniel B. Abrahams
    Founding Partner of Abrahams Wolf-Rodda, LLC
    Mr. Abrahams is a founding partner of Abrahams Wolf-Rodda, LLC, a boutique government contracts and wage & hour law firm in the Washington DC metropolitan area. See www.awrcounsel.com. The practice includes traditional government contracts work (bid protests, claims, compliance advice, pr...
    See Full Bio
  • Shlomo Katz
    Counsel, Brown Rudnick
    Mr. Katz is a Counsel in Brown Rudnick’s Washington, DC office where he is a member of the Wage and Hour Group, a practice spanning the Fair Labor Standards Act, the Service Contract Act, the Davis-Bacon Act, and state wage laws. He represents mostly employers in class and collective actions,...
    See Full Bio
Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 6.5 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
CLP: Continuous Learning Points
Approved for CLP by Defense Acquisition University
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP Hours
This program is eligible for: 6.0 (CLP) hours of credit
CLE: Continuing Legal Education
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE Hours
This program is eligible for: 5.5 (60 minutes), 6.5 (50 minutes)
Travel
No travel information is available at this time
In-House
Bring Federal Publications Seminars to your location! If you would like to offer this course in-house, please contact us.
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CMBOK Alignments
Leadership
Character
Collaboration
Competence
Emotional Intelligence
Vision
Management
Business Management
Change Management
Financial Management
Project Management
Risk Management
Supply Chain Management
Guiding Principles
Communication and Documentation
Contract Principles
Regulatory Compliance
Situational Assessment
Skills and Roles
Standards of Conduct
Team Dynamics
Pre-Award
Plan Sales
Plan Solicitation
Prepare Offer
Request Offers
Award
Manage Disagreements
Plan Negotiations
Price or Cost Analysis
Select Source
Post-Award
Administer Contract
Close Out Contract
Ensure Quality
Manage Changes
Manage Subcontracts
Learn
Continuous Learning
Individual Competence
Organizational Capability