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