6.4. Does the Contracting Officer have any other DBA responsibilities? Yes.

Enforcement. Although DOL is generally responsible for enforcement of "wage and hour" laws that require the proper payment of minimum wages and fringe benefits, they do not have primary DBA enforcement responsibility. In accordance with FAR 22.406-1, 22.406-7, 22.406-8, and 29 CFR 5.6(a)(3) contracting personnel are required to make compliance checks on DBA covered contracts. Contracting agencies are responsible for the full and impartial enforcement of labor standards during the administration of construction contracts. DOL, however, does have regulatory and "oversight" responsibility and can take enforcement action at their discretion. (FAR 22.406-8 and 29 CFR 5.6(b))

6.4.1. What are a Contracting Officer's DBA enforcement responsibilities? The CO must assure that the contractor and any of its subcontractors pay job site "laborers and mechanics" (hands-on construction employees) in accord with the DBA requirements (FAR 52.222-4, 52.222-6, and 52.222-10). This includes the following responsibilities;

6.4.1.l. Clearly and fully inform the contractor of the labor standards and wage requirements before construction begins. It is highly recommended that this be accomplished during preconstruction conferences.

6.4.1.2. Assure that the "laborers and mechanics" performing "hands on" work at the construction job site are paid no less than the minimum wage and fringe benefits specified for the work activity on the applicable wage determination in the contract, on a weekly basis.

6. 4.1.3. Assure that the contractor has posted the wage determination and government contracts posters in a location freely and easily accessible to construction employees.

6.4.1.4. Certified payrolls of the prime contractor and subcontractors must be provided to the Contracting Officer on a weekly basis (FAR 22.406-6) and reviewed on a timely basis.

6.4.1.5. Conduct labor checks and interviews (FAR 22.406-7) sufficient to ensure compliance and to verify the accuracy of the certified payrolls. For remote locations or other instances where the Contracting organization is geographically removed from the work site, this responsibility can be delegated to other Air Force personnel such as the engineering inspector. Contractors are less likely to violate DBA requirements when there is an enforcement presence at the job site.

6.4.1.6. Unless your squadron or command has issued directives, there is no specific frequency as to how often labor checks should be conducted. It depends on the individual circumstances. Circumstances such as having new contractors, past labor compliance issues, employee complaints, etc. will require increased compliance checks and job site interviews. However, it is recommended that as a minimum, a labor check be accomplished prior to final payment and as soon as practical after commencement of work.

6.4.1.7. Conduct full investigations of DBA labor standards violations when substantial violations and/or credible complaints are present. It is highly recommended that the Regional Air Force Labor Advisor's Office be consulted before undertaking such actions. The Labor Advisors likely will attempt to obtain DOL assistance in conducting full investigations under DBA in lieu of the CO conducting the investigation.

6.4.1.8. Monitor SF-1413 forms (FAR 52.222-11) to ascertain what subcontractors are involved in the project.

6.4.2 How does a Contracting Officer resolve any violations? First the prime contractor should be approached to resolve any non-compliance issues discovered. This includes possible DBA violations by subcontractors. If an issue is not resolved voluntarily by the contractor and/or its subcontractors, withholding of contract funds may be appropriate. (FAR 52.222-7)

6.4.2.1. If resolution by the contractor and/or subcontractors is not obtained, the issue must be submitted to DOL. Normally, DOL will attempt to settle the issue through negotiation prior to conducting a formal hearing on unresolved issues. Debarment and/or contract termination may be appropriate in severe cases. (FAR 22.406-10 and 22.406-11)

6.4.3 What happens if DOL discovers a DBA violation first? DOL has enforcement authority. The agency is required to cooperate with DOL in all aspects of an investigation (FAR 22.406-12) including providing access to contract information and payrolls. Since compliance is the contractor's responsibility, on a fixed price contract, any DOL action requiring back wages would normally be strictly the contractor's liability.