Appeals of Davis-Bacon Wage Determinations and Conformance Actions

APPEALS REGARDING DAVIS-BACON WAGE DETERMINATIONS & CONFORMANCE ACTIONS

• This section discusses the process for appealing wage determination or conformance actions. For information regarding the appeals process for withholding or debarment, please refer to the Prevailing Wage Resource Book, Investigative Procedures and Remedies Under DBRA.
• WHD national office and regional office inquiries: On survey-related matters initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys, which has primary responsibility for the DB survey program. The address for the Branch of Wage Surveys is:

  Branch of Wage Surveys, Room S-3502
  Wage and Hour Division, U.S. Department of Labor
  200 Constitution Avenue, N.W., Washington, DC 20210
  Phone: 202-693-0051

• Any other questions or concerns involving wage determination and conformance matters should be directed to the Branch of Construction Wage Determinations (BCWD). The BCWD’s address is:

  Branch of Construction Wage Determinations, Room S-3016
  Wage and Hour Division, U.S. Department of Labor
  200 Constitution Avenue, N.W., Washington, D.C. 20210
  Phone: 202-693-0087 Email: bcwd-office@dol.gov for general inquiries,
  or DBABCWDAppeal@dol.gov for appeals

• WHD Administrator:
  • Any interested party may file a request for review and reconsideration of an initial determination regarding a wage determination or conformance with the WHD Administrator pursuant to 29 CFR 1.8 (for wage determinations) and 29 CFR 5.13 (for conformances). The request should include a full statement of the interested party’s position and any documentation (wage payment data, project description, area practice material, etc.) that the requesting party considers to be relevant to the issue(s). Requests for reconsideration under 29 CFR 1.8 should be submitted via email to dba.reconsideration@dol.gov . Requests (including requests for reconsideration) under 29 CFR 5.13 should be submitted via email to dba.ruling request@dol.gov, or by mail to:

    Wage and Hour Division Administrator, Room S-3502,
    U.S. Department of Labor, 200 Constitution Avenue, N.W.
    Washington, D.C. 20210

• Administrative Review Board (ARB):
  • Any ruling of the WHD Administrator may be appealed to the DOL ARB under 29 CFR part 7. The ARB’s address is:

    Administrative Review Board, Room S-5220,
    U.S. Department of Labor, 200 Constitution Avenue, N.W.
    Washington, D.C. 20210
    Phone: 202-693-6200

• For filing instructions and other information related to the ARB, see ARB | U.S. Department of Labor (dol.gov).

REGULATIONS, 29 CFR PART 7 EXCERPTS

Section 7.2 Who may file petitions for review [of wage determinations].

(a) Any interested person who is seeking a modification or other change in a wage determination under Part 1 ... and who has requested the administrative officer authorized to make such modification or other change under Part 1 and the request has been denied, after appropriate reconsideration shall have a right to petition for review of the action taken by that officer.

(b) For purpose of this section, the term “interested person” is considered to include, without limitation:

(1) Any contractor, or an association representing a contractor, who is likely to seek or to work under a contract containing a particular wage determination, or any laborers or mechanic, or any labor organization which represents a laborer or mechanic, who is likely to be employed or seek employment under a contract containing a particular wage determination, and,

(2) Any Federal, State, or local agency concerned with the administration of a proposed contract or a contract containing a particular wage determination issued pursuant to the Davis-Bacon Act or any of its related statutes.

Section 7.4 When to file.

(a) Requests for review of wage determinations must be timely made. Timeliness is dependent upon the pertinent facts and circumstances involved, including without limitation the contract schedule of the administering agency, the nature of the work involved, and its location.

(b) The Board shall under no circumstances request any administering agency to postpone any contract action because of the filing of a petition. This is a matter which must be resolved directly with the administering agency by the petitioner or other interested person.

Section 7.5 Contents of petitions.

(a) A petition for the review of a wage determination shall:

(1) Be in writing and signed by the petitioner or his counsel (or other authorized representative);

(2) be described as a petition for review by the Administrative Review Board;

(3) identify clearly the wage determination, location of the project or projects in question, and the agency concerned;

(4) state that the petitioner has requested reconsideration of the wage determination in question and describe briefly the action taken in response to the request;

(5) contain a short and plain statement of the grounds for review; and

(6) be accompanied by supporting data, views, or arguments.

(b) A petition shall indicate whether or not the petitioner consents to the disposition of the questions involved by a single member of the Board.

Section 7.9 Review of decisions in other proceedings.

(a) Any party or aggrieved person shall have a right to file a petition for review with the [Administrative Review] Board (original and four copies), within a reasonable time from any final decision in any agency action under part 1, 3, or 5 of this subtitle.

(b) The petition shall state concisely the points relied upon, and shall be accompanied by a statement setting forth supporting reasons. Further, the petition shall indicate whether or not the petitioner consents to the disposition of the questions involved by a single member.