Labor Compliance Monitoring

Labor Compliance Monitoring

MDG provides full-service Labor Compliance Monitoring. Prior to contract award services include: review of bid documentation to ensure federally required language and requirements are appropriately incorporated, preparation of advisories to potential bidders of Davis Bacon and Related Acts and prevailing wage requirements, participation at the Pre-bid Meeting conveying grantee reporting requirements and expectations, review of bid submittals and performance of contractor and sub-contractor verifications (DIR, CSLB and SAM) to determine bidder eligibility, provision of due diligence review results and recommendation for contract award to grantee. Subsequent to contract award service include: review of contract documents to ensure that required Davis Bacon and Related Acts language is included, preparation of documentation required for distribution at the pre-construction meeting, participation at the pre-construction meeting to distribute reporting materials, convey compliance and reporting obligations, document submission and review procedures, and close-out procedures.

Davis-Bacon and Related Acts (DBRA)

During construction, MDG provided services include: a complete review of submitted Certified Payroll Reports to ensure that all employees were adequately compensated, preparation of Review Notices for distribution to the prime contractor and the grantee which detail any outstanding findings and required corrective actions required to comply with the federal labor standard provisions, state prevailing wage and other contractual requirements, performance of on-site employee interviews, performance of a review and verification that all Section 3 requirements have been met by the contractors relative to Section 3 Business Concerns and safe-harbor requirements. Upon successful completion of the activity, a clearance letter is issued and release of the retention payment authorized.

Section 3 Compliance

Where projects exceed applicable assistance thresholds, MDG services include: ensuring that the requirements for employment and training, contracting, and HUD established benchmarks for Section 3 Workers and Targeted Section 3 Workers are integrated into the bidding and contract documentation. In addition, contractor Section 3 Plans are reviewed to determine: the sufficiency and anticipated efficacy of the proposed hiring, training and subcontracting measures, review of the composition of the pre-contract workforce to determine hiring dates and potential qualification as a Section 3 Worker or a Targeted Section 3 Worker, evaluating the ability of the contractor to maintain labor hour reporting records in compliance with Section 3 requirements, and review of the sufficiency of their Section 3 complaint process. Grantees are also assisted in their outreach efforts for Potential Section 3 Workers and Targeted Section 3 Workers, and for Section 3 Business Concerns.

Subsequent to contract award, the documented efforts of contractors are monitored and evaluated to determine if proposed outreach measures have been conducted and proposed numerical goals met, to determine the sufficiency of file documentation, and provide technical assistance or recommendations as necessary to assist in enhancing outreach or improve Section 3 Worker and Targeted Section 3 Worker labor hour percentage ratios. The final Section 3 Report is reviewed to measure the contractor’s qualitative compliance efforts, and project and program closeout monitoring is performed through a file review to determine file sufficiency and completeness.