Back to Basics – the Davis-Bacon Act Conformance Process

A client asked me to write a step-by-step guide to Davis-Bacon Act (“DBA”) conformances. A conformance is the process for setting a prevailing wage and fringe benefit standard for job positions missing from a wage determination. This blog is meant for practitioners and contractors who must deal with conformances. It is an a summary adapted from my prior work product.

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It took only a week for one of my 2026 predictions to likely pan out -- military contractors are likely heading into a good year for the war business.

It took only a week or one of my predictions about 2026 to likely come to fruition. In last week’s blog, I gave ten predictions about the coming year. Number 7 was as follows: “Defense contractors with cost reimbursement contracts and pricing power will continue to see heavy demand for equipment and services and will prosper.”

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Daniel Abrahams
Nondisplacement Revoked Again: The Right of First Refusal for Employment By Federal Contractor Employees Was Already Gone, But DOL Just Buried the Rules.

DOL completed part of its deregulatory efforts yesterday when it fully revoked the regulations issued by former President Biden’s Administration on so-called nondisplacement of workers. The new DOL action involved the rescission of regulations published by the previous administration in 2023 requiring contractors and subcontractors to give qualified employees the right of first refusal of employment with a successor contract.  

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When It Comes to Prevailing Wage Laws, the New Revolutionary FAR Overhaul is Not Very Revolutionary in Spirit

I have looked at the FAR Part 22 labor and employment provision changes in the proposed Revolutionary FAR Overhaul. To my eyes they don’t seem so “revolutionary.” Mostly, what they do is move the interpretive regulations to the new FAR Companion or other resources. That may reduce their importance. And that may make it easier to evade compliance. But that isn’t likely to change much for the prevailing wage field since the FAR regulations were simply a restatement of the Department of Labor’s (“DOL’s”) Part 4 and 5 regulations found in 29 Code of Federal Regulation. Those DOL regulations have been around for a long time. Taking provisions out of the regulatory book (yet leaving DOL’s regulatory scheme in place) and leaving existing statutory provisions on the books, does NOT constitute a “revolution.”

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