A Practical Guide to the Davis-Bacon Act

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.
Personnnel progesionals, contract managers compliance officials, lead counsel, and financial personnel.

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 benefits plans.
Service and supply contracts vs. construction contracts.
Sanctions for violations and non-compliance.
Debarment.
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.

A Practical Guide to the Davis-Bacon Act Course Curriculum

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
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
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
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
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
Other State and Federal Law Requirements
1. Little Davis-Bacon Acts
2. Preemption
3. Christian Doctrine
4. NLRB Overlap
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
Overtime
1. CWHSSA Requirements
2. Fair Labor Standards Act Requirements
3. Calculating Overtime
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

Course Director

Daniel B. Abrahams is a partner in the Washington, D.C. office of Brown Rudnick Berlack Israels LLP. He has concentrated on Government contracts, construction and labor standards law. Mr. Abrahams handles bid protests, construction disputes, litigation, contract claims, grant disputes and compliance counseling. Mr. Abrahams represents clients before Federal and State courts and various boards of contract appeals.

Mr. Abrahams is a former adjunct assistant professor at George Washington University Law School where he taught a course entitled Federal Labor Standards. He is co-author of five books - Government Contracts Compliance Guide, the Fair Labor Standards Handbook for States, Local Governments and Schools, Employer's Guide to the Fair Labor Standards Act, FLSA Employer Exemption Handbook, and Public Employer's Guide to Payroll Administration. He is co-author of a Briefing Paper entitled The Service Contract Act. He has lectured widely on Government contracts, construction and labor standards topics for private groups, the Small Business Administration, Federal Publications Inc. and the George Washington University Government Contracts Program.

Mr. Abrahams has a Bachelor of Arts degree with high honors from Hobart College and a Master of Arts degree from Washington University. Mr Abrahams graduated with honors from the George Washington University Law School where he studied Government procurement. He is a member of the Order of the Coif and was Notes Editor of the George Washington Law Review.