Govconlaw Blog
Misclassifying Workers on Davis-Bacon Projects Can Lead to False Claims Act Liability
By: N/A
Published Date: August 19, 2019
The Wage Rate Requirements (Construction) statute (aka the Davis-Bacon Act) requires contractors and subcontractors on federal and federally funded construction projects to pay onsite laborers and mechanics no less than the applicable prevailing wage. Wage determinations contain wage classifications and descriptions of the type of work that falls within that wage classification. Workers must be paid based on the wage [...] Read More
When is a Request for Equitable Adjustment a Claim?
By: Peck Law
Published Date: August 12, 2019
Most government contractors are familiar with the disputes procedure on government contracts. A dispute arises between the contractor and the Government. The contractor submits a Request for Equitable Adjustment (“REA”) or a claim. If the contractor submits a REA and the REA is unsuccessful, it submits a claim. The Contracting Officer issues a final decision on the claim and, if [...] Read More
SBA to Revise Revenue-Based Small Business Size Standards
By: Peck Law
Published Date: August 5, 2019
On July 18, 2019, the Small Business Administration (“SBA”) issued an interim final rule with request for comments raising the revenue-based small business size standards to account for inflation. SBA has established size standards for numerous classes of business for the purpose of determining whether a company is small. These size standards differ based on the type of work performed [...] Read More
Joint Venture Agreements on Set-Aside Projects: Be Detailed, Be Specific
By: Samarth Barot
Published Date: July 29, 2019
A joint venture is an arrangement through which two entities are allowed to bid on a project together, allowing each entity to share resources and reap mutual benefits. However, when forming a joint venture to bid on a federal project that is set-aside for small businesses, it is important to be very detailed and specific when drafting the joint venture [...] Read More
WDOL.gov Has Been Retired
By: Peck Law
Published Date: July 22, 2019
On any construction contract that is either performed for or funded by the Federal Government, the Davis-Bacon Act sets the minimum wages that must be paid to all laborers and mechanics performing work on the project site. This minimum wage is referred to as the “prevailing wage.” The prevailing wages for the project are published in a wage determination issued [...] Read More
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