Shouldn't This Apply to All?? - REO Property Preservation Forum
 
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post #1 of 7 (permalink) Old 01-04-2014, 08:27 PM Thread Starter
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Shouldn't This Apply to All??

Never heard of this company. But their website contains an interesting piece of information. They operate under the conclusion that PP work is covered by Davis Bacon. Makes me wonder that if they're doing it, all PP companies are held to this and are simply ignoring it. Just further supports my theory of the "Legal Illegal" workforce being created in this country.

Wonder if this may be game changer for this industry.

http://www.hmbiweb.com/careers/vendor-opportunities/



Quote:
The Davis Bacon and Related Acts (DBRA) requires all contractors and subcontractors performing work on HUD or District of Columbia construction contracts or federally assisted contracts, in excess of $2,000, to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area.

Therefore, all contractors who are issued work in excess of the above threshold, must ensure their laborers or mechanics are being paid the applicable rates for their services. See www.wdol.gov to determine prevailing wages for your state/county. Your payroll wages must be presented for each labor classification and must be submitted with your invoice to obtain payment for work completed. In addition, contractor is responsible for compliance by any subcontractor or lower subcontractor with all applicable clauses under FAR clause 52.222-11, Subcontracts (Labor Standards).
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post #2 of 7 (permalink) Old 01-04-2014, 11:10 PM
How I wanna be a PP Pro
 
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Do you "smell" union? hmmmm?
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post #3 of 7 (permalink) Old 01-04-2014, 11:42 PM
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How would that be possible, I suppose if you got it all on

one contract it would be possible. Doesn't Davis Bacon, Mmm Bacon, only apply to contracts/projects over 25K?. What a nightmare classifying jobs and man hours for every employee it would be, considering the varied trades you would be working at in the course of MFS work in general. Sorry about the rambling sentences, it's a side effect of a couple hundred hard miles on tricky roads and 20 snow removals.
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post #4 of 7 (permalink) Old 01-05-2014, 09:28 AM
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Quote:
Originally Posted by Ohnojim View Post
one contract it would be possible. Doesn't Davis Bacon, Mmm Bacon, only apply to contracts/projects over 25K?. What a nightmare classifying jobs and man hours for every employee it would be, considering the varied trades you would be working at in the course of MFS work in general. Sorry about the rambling sentences, it's a side effect of a couple hundred hard miles on tricky roads and 20 snow removals.
I may be wrong here, but it stems from the national that is bidding the zone or statewide contract that is way over 25k.



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post #5 of 7 (permalink) Old 01-05-2014, 03:48 PM Thread Starter
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Federal Acquisition Regulation (FAR) states the following clauses should be added into the contracts of subs:

Quote:
52.222-11Subcontracts (Labor Standards).
As prescribed in 22.407(a), insert the following clause:

SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

(A) DEFINITION. CONSTRUCTION, ALTERATION OR REPAIR, AS USED IN THIS CLAUSE, MEANS ALL TYPES OF WORK DONE BY LABORERS AND MECHANICS EMPLOYED BY THE CONSTRUCTION CONTRACTOR OR CONSTRUCTION SUBCONTRACTOR ON A PARTICULAR BUILDING OR WORK AT THE SITE THEREOF, INCLUDING WITHOUT LIMITATION—
(1) ALTERING, REMODELING, INSTALLATION (IF APPROPRIATE) ON THE SITE OF THE WORK OF ITEMS FABRICATED OFF-SITE;
(2) PAINTING AND DECORATING;
(3) MANUFACTURING OR FURNISHING OF MATERIALS, ARTICLES, SUPPLIES, OR EQUIPMENT ON THE SITE OF THE BUILDING OR WORK;
(4) TRANSPORTATION OF MATERIALS AND SUPPLIES BETWEEN THE SITE OF THE WORK WITHIN THE MEANING OF PARAGRAPHS (A)(1)(I) AND (II) OF THE “SITE OF THE WORK” AS DEFINED IN THE FAR CLAUSE AT 52.222-6, DAVIS-BACON ACT OF THIS CONTRACT, AND A FACILITY WHICH IS DEDICATED TO THE CONSTRUCTION OF THE BUILDING OR WORK AND IS DEEMED PART OF THE SITE OF THE WORK WITHIN THE MEANING OF PARAGRAPH (2) OF THE “SITE OF WORK” DEFINITION; AND
(5) TRANSPORTATION OF PORTIONS OF THE BUILDING OR WORK BETWEEN A SECONDARY SITE WHERE A SIGNIFICANT PORTION OF THE BUILDING OR WORK IS CONSTRUCTED, WHICH IS PART OF THE “SITE OF THE WORK” DEFINITION IN PARAGRAPH (A)(1)(II) OF THE FAR CLAUSE AT 52.222-6, DAVIS-BACON ACT, AND THE PHYSICAL PLACE OR PLACES WHERE THE BUILDING OR WORK WILL REMAIN (PARAGRAPH (A)(1)(I) OF THE FAR CLAUSE AT 52.222-6, IN THE “SITE OF THE WORK” DEFINITION).

(B) THE CONTRACTOR SHALL INSERT IN ANY SUBCONTRACTS FOR CONSTRUCTION, ALTERATIONS AND REPAIRS WITHIN THE UNITED STATES THE CLAUSES ENTITLED—
(1) DAVIS-BACON ACT;
(2) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—OVERTIME COMPENSATION (IF THE CLAUSE IS INCLUDED IN THIS CONTRACT);
(3) APPRENTICES AND TRAINEES;
(4) PAYROLLS AND BASIC RECORDS;
(5) COMPLIANCE WITH COPELAND ACT REQUIREMENTS;
(6) WITHHOLDING OF FUNDS;
(7) SUBCONTRACTS (LABOR STANDARDS);
(8) CONTRACT TERMINATION—DEBARMENT;
(9) DISPUTES CONCERNING LABOR STANDARDS;
(10) COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS; AND
(11) CERTIFICATION OF ELIGIBILITY.

(C) THE PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLIANCE BY ANY SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR PERFORMING CONSTRUCTION WITHIN THE UNITED STATES WITH ALL THE CONTRACT CLAUSES CITED IN PARAGRAPH (B).

(D)(1) WITHIN 14 DAYS AFTER AWARD OF THE CONTRACT, THE CONTRACTOR SHALL DELIVER TO THE CONTRACTING OFFICER A COMPLETED STANDARD FORM (SF) 1413, STATEMENT AND ACKNOWLEDGMENT, FOR EACH SUBCONTRACT FOR CONSTRUCTION WITHIN THE UNITED STATES, INCLUDING THE SUBCONTRACTOR'S SIGNED AND DATED ACKNOWLEDGMENT THAT THE CLAUSES SET FORTH IN PARAGRAPH (B) OF THIS CLAUSE HAVE BEEN INCLUDED IN THE SUBCONTRACT.
(2) WITHIN 14 DAYS AFTER THE AWARD OF ANY SUBSEQUENTLY AWARDED SUBCONTRACT THE CONTRACTOR SHALL DELIVER TO THE CONTRACTING OFFICER AN UPDATED COMPLETED SF 1413 FOR SUCH ADDITIONAL SUBCONTRACT.

(E) THE CONTRACTOR SHALL INSERT THE SUBSTANCE OF THIS CLAUSE, INCLUDING THIS PARAGRAPH (E) IN ALL SUBCONTRACTS FOR CONSTRUCTION WITHIN THE UNITED STATES.
(End of clause)
[53 FR 4947, Feb. 18, 1988, as amended at 70 FR 33668, June 8, 2005]
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post #6 of 7 (permalink) Old 01-05-2014, 03:55 PM Thread Starter
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Quote:
(D)(1) WITHIN 14 DAYS AFTER AWARD OF THE CONTRACT, THE CONTRACTOR SHALL DELIVER TO THE CONTRACTING OFFICER A COMPLETED STANDARD FORM (SF) 1413, STATEMENT AND ACKNOWLEDGMENT, FOR EACH SUBCONTRACT FOR CONSTRUCTION WITHIN THE UNITED STATES, INCLUDING THE SUBCONTRACTOR'S SIGNED AND DATED ACKNOWLEDGMENT THAT THE CLAUSES SET FORTH IN PARAGRAPH (B) OF THIS CLAUSE HAVE BEEN INCLUDED IN THE SUBCONTRACT.
Hmm... this would no doubt be public record. I wonder what kind of things would go down if someone got hold of an SF-1413 signed by a National. signed

go here to see the actual form http://www.gsa.gov/portal/forms/download/115794 .... I just did. If PP Nationals are signing these to get HUD work. They are in some real trouble if just ONE worker or just one tax payer decides to pursue this. It only takes ONE.

Can someone say "BACK PAY".....lol...
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post #7 of 7 (permalink) Old 01-05-2014, 04:15 PM
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Yeah, it is a big deal. Generally the Labor and Industry guy

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Originally Posted by Trey9007 View Post
Hmm... this would no doubt be public record. I wonder what kind of things would go down if someone got hold of an SF-1413 signed by a National. signed

go here to see the actual form http://www.gsa.gov/portal/forms/download/115794 .... I just did. If PP Nationals are signing these to get HUD work. They are in some real trouble if just ONE worker or just one tax payer decides to pursue this. It only takes ONE.

Can someone say "BACK PAY".....lol...
A company I worked for misclassified many hundreds of hours of mine as carpenter when I was working sheet metal. I didn't even know about it, they got fined and had to pay me all the difference. I did not even push it, it was a labor and industry inspection/audit.
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