Posted on March 17, 2006 by John Parnass

Contractor May Challenge DOL's "Conformance" Wage Decisions under Davis-Bacon

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For aficionados of prevailing wage law, today's D.C. Circuit case will be must reading. The main issue is jurisdictional -- whether a contractor who is subject to Davis-Bacon rules has the right (via the Administrative Procedure Act) to challenge the Labor Secretary's job category and wage rate determinations under the so-called "conformance" regulations. The Court of Appeals said that jurisdiction exists -- but then went to the merits and denied the contractor's complaint.

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