Public
reporting burden for this collection of information is estimated
to average .5 hour per response, including the time for
reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and
reviewing the collection of information. HUD may not collect
this information, and you are not required to complete this
form, unless it displays a currently valid OMB control number.
All
Federal agencies administrating programs subject to Davis-Bacon
wage provisions are required to enforce Federal wage and
reporting provisions in an accordance with the U.S. Department
of Labor (DOL) regulations at 29 CFR Part 5, Section 5.6
paragraphs (a)(1), (2) and (3). This information is being
collected to assess compliance with Federal labor standards
provisions. This information collection will assist the U.S.
Department of Housing and Urban Development (HUD) to determine
if an agency is in compliance with Federal labor standards wage
and reporting requirements on covered HUD-assisted construction
and maintenance work pursuant to the Davis-Bacon Act and HUD
Davis-Bacon Related Acts.
Participation in this collection is required. Failure to provide
this information may result in a monitoring finding and
sanctions may be imposed in accordance with 29 CFR Section 5. 6.
No assurances of confidentiality are provided.
Send
comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions to reduce
this burden, to the Reports Management Officer, OMAC, US.
Department of Housing and Urban Development, 451 7th Street SW,
Washington, DC 20410. When providing comments, please refer to
OMB Approval No. XXXX-XXXX.
HUD
Reviewer:
HUD
Review Date(s):
Part A. Agency Overall Labor Standards Administration
1.
Agency Information
Agency
Name
Agency
Address
Agency
No. (HUD Use)
CPD/PIH
No. (if different)
Principal
Program Director/ Executive Director
Agency
Labor Standards Officer (LSO)
Agency
Telephone No.
Agency
Personnel Contacted During Review
Name:
4
Title
:
Phone:
Projects/Contracts
Reviewed
Project
Name and Identifier:
Brief
Description:
Contract/Budget
Amount
Part
A, continued
2. Agency Labor Standards Officer (LSO) / Staff
Yes No NA
Agency
staff includes an LSO or key staff person with primary
responsibility for labor compliance?
LSO is
informed of all proposed projects funded/assisted with HUD
funds?
LSO
usually has sufficient time to obtain wage decisions and
include in bid documents?
LSO
approval required prior to advertisement of contracts?
LSO
approval required on all payments to contractors?
LSO
examines subrecipient/subgrantee/subcontract management firm
contract activity as necessary?
3. Federal Labor Standards Monitoring Review Process
Yes No NA
Procedure
established to verify inclusion of correct wage decision and
labor standards provisions in contracts?
Procedure
established to verify/document contractor eligibility?
Payrolls/documents
are examined regularly to assess Federal labor standards
compliance?
Procedure
established to conduct/target employee interviews?
Violations
and corrective actions are communicated timely?
Maintains
a system to track deficiencies and resolves them timely, and in
accordance with established requirements?
Procedure
established to track complaint resolution?
Examines
subcontracts/subgrantee/subcontract management entity files as
necessary?
Schedule
for monitoring grantees:
Total
subgrantee monitoring reviews performed during past ______
months:
4. Wage Decision Issuance Process
Yes No NA
Maintains
a system to ensure that applicable wage decisions are
obtained/applied timely?
Wage
decision requests processed correctly (correct WD type and WD
number)?
Wage
decision modification issued timely?
Maintains
system to verify wage decision “lock-in”?
5. HUD-Determined Maintenance Wage Rate Administration and
Enforcement Yes No NA
Does
the agency effectively administer HUD-determined maintenance
wage rates for its regular staff?
Does
the agency effectively administer HUD-determined maintenance
wage requirements for other force account labor?
Does the
agency effectively administer HUD-determined maintenance wage
rates (routine/non-routine) requirements in contracted work?
Does
the agency correctly utilize training or apprenticeship
programs for workers subject to HUD-determined maintenance wage
rates?
6. Training
Yes No NA
Provides
labor standards training for subgrantees/contractors?
Training
materials used are accurate (current)?
Part
A, continued
7. Other Requirements – Reports and Escrows
Yes No NA
Make
reports using HUD Form 4710 for CWHSSA liquidated damages?
Submits
Labor Standards Enforcement Reports (5.7), timely and complete?
Number of
active escrow agreements: #
Total
amount of funds escrowed for HUD/DBRA/CWHSSA violations: $
8. Summary – Labors Standards Administration
Yes No NA
Description
(Scope) of Work – Include number of units & stories
for housing projects
Contract
Amount
$
Labor
Standards Provisions (HUD Form Used)
Wage
Decision No. Used – Include type and modification date
Bid
Opening Date
Contract
Award Date
Construction
Start Date
%
Complete or Completion Date
2. Contract Documents
Yes
No
NA
Correct
labor standards provisions incorporated in contract?
Correct
wage decision incorporated in contract?
Was
the prime contractor eligibility verification on file?
3. Weekly Payrolls
Yes
No NA
Did
the agency obtain all payrolls (first to current/last) for each
contractor on the job?
All
contractors / trades represented by payrolls received?
Payroll
data consistent with inspection & employee interviews
(HUD-11)?
Payroll
certification statements signed by employer or authorized
representative?
Apprentices
or trainees reported on payrolls?
Apprentice/trainee
certification obtained?
Contractors
in compliance with apprentice/trainee ratio requirements?
Do
payrolls report generic job classifications (e.g., “mechanic,”
“operator,” “installer,” “journeyman”)
not on wage decision?
Do
payrolls report job classifications for which an “Additional
Classification” request was necessary?
Did
the agency obtain DOL approval to add classifications to the
wage decision?
Did
the agency review to ensure that the correct wages were paid in
accordance with the wage decision?
Where
reported, were payroll deductions permissible per DOL
regulations?
If
reported, were fringe benefits acceptable per DOL regulations?
Was
the Contract Work Hours and Safety Standards Act (CWHSSA)
threshold met?
Has
any laborer or mechanic worked over 40 hours per week on this
project?
If
yes to (n) and (o), has overtime (1.5 times the regular rate of
pay) been paid for hours worked over 40/wk?
If
answer to (n) is yes and (p) is no, was the employer notified
to pay restitution & were liquidated damages computed?
Part B, Continued
4. Employee Interviews
Yes No NA
Were
employee interviews completed?
Did
the agency target interviews?
Did
interviews record work
performed by worker and observed by the interviewer?
Were
interviews compared to payrolls?
Did
the agency send mail-out questionnaires to employees if needed?
Did
the agency follow up on leads developed from
interviews/questionnaires?
5. Contract Administration
Yes No
NA
Were
contract records available, including all documentation
required?
Were
violations (misclassification, underpayment, etc.)
corrected/addressed?
Were
violations reported to HUD or DOL?
Were
any complaints received on this contract?
Do
records indicate other violations (not covered above) that the
agency failed to address?
☐ Additional
deficiencies identified are listed on a separate page and attached
to this form, along with copies of supporting documentation
(contracts, payrolls, interviews, correspondence, etc.)
-
End of Part B -
Part C. Agency Contract Labor Standards Compliance –
HUD-Determined Wage Rates for Routine and Non-routine
Maintenance Contracts
Wage
Decision Used – Include Effective Date and Routine or
Non-Routine
Labor
Standards Provisions Used (HUD form used, if applicable)
Bid
Opening Date
Contract
Award Date
Work
Start Date
%
Complete, or Completion Date
2. Contract Documents
Yes
No
NA
Labor
standards requirements incorporated in contract, purchase
order, or similar agreement?
Wage
decision incorporated in contract, purchase order, or similar
agreement?
Wage
Rates correct?
Prime
contractor eligibility verification, when required, on file?
3. Wage Payment
Yes
No NA
Has
the agency established a method to ensure workers are paid not
less than the rate determined by HUD? Describe methodology on
separate sheet.
Are
site inspections or other on-site reports used to corroborate
proper classication/payment?
Does
work require classifications not included on the applicable HUD
wage decision?
If
yes to (c), did the agency
obtain HUD
approval to add classifications to the applicable wage
decision?
Were
the correct wages paid in accordance with the applicable wage
decision (HUD-52158)?
Has
the agency established a method to ensure laborers or mechanics
working over 40 hours per week on this project have been paid
overtime?
Was
the Contract Work Hours and Safety Standards Act (CWHSSA)
threshold met? (prime contract exceeds $100,000)?
Has
any laborer or mechanic worked over 40 hours per week on this
project?
If
yes to (g) and (h), has overtime (1.5
x the regular rate of pay)
been paid for hours worked over 40/wk?
If
answer to (h) is yes and (i) is no, was the employer notified
to pay restitution & were liquated damages computed?
4.
Employee Interviews
Yes No
NA
Part C, Continued
Were
employee interviews completed?
Did
the agency
target
interviews?
Did
interviews record work
actually performed by the worker and observed by the
interviewer?
Were
interviews compared to the HUD-determined rate schedule?
Did
the agency
conduct
mail-out questionnaires if needed?
Did
the agency follow up on leads developed from
interviews/questionnaires/on-site reports, etc?
5. Contract Administration
Yes No
NA
Were
records available, including all documentation required?
Were
violations/discrepancies (misclassificatons, underpayment, etc.)
corrected?
Were
any complaints received on this contract?
Do
records indicate other violations (not covered above) that the
agency failed to address?
☐ Additional
deficiencies identified are listed on a separate page and attached
to this form, along with copies of supporting documentation
(contract payrolls, interviews, correspondence, etc.)
-
End of Part c -
Part D. Agency Maintenance Wage Rate Administration
Agency
Name:
Agency
ID No.:
1. Maintenance Wage Enforcement
Yes No NA
Are
the agency’s personnel policies for maintenance laborers
and mechanics acceptable?
Does
the agency have position descriptions that accurately describe
the work performed by maintenance staff?
Is
a copy of the current
HUD-52158 on file?
Do
the maintenance classification/wage rates identified in the
current operating budget correspond to the current HUD-52158?
Are
employees working within assigned classifications?
Are
employees properly compensated for hours worked over 40 per
week?
Were
maintenance employees interviewed? Number interviewed:
Has
the agency conducted work employing force account workers? If
yes, record individual projects using force account employees on
part E, Force Account Work.
2. Training, Apprenticeship, & Special Employment Programs
Yes No NA
Does
the agency participate in an apprenticeship program for
maintenance employees?
Has
the agency obtained HUD approval for maintenance apprenticeship
programs?
Does
agency participate in job/skill training for agency residents or
other low-income persons?
Does
the agency employ youth in maintenance at any time during the
year?
Are
youth compensated at less than prevailing rates?
☐ Additional
deficiencies identified are listed on a separate page and attached
to this form, along with copies of supporting documentation
(contract payrolls, interviews, correspondence, etc.)
-
End of Part D -
Part E. Agency Labor Standards Compliance – Force Account
Work
Part
E is for work performed by the regular employees of a PHA, IHA,
TDHE, or DHHL or by other workers hired by the agency
specifically for a project or work item (i.e. “Force
Account” labor”). Depending on the type of work,
HUD-Determined or Davis-Bacon wage rates could apply to the
work. If a contractor performed part of the force account work,
fill out Part B or Part C to review the contracted work.
1. Project Identification
Agency
Name
Activity
Type (development or operations) / Grant No. (if any)
Project
Name
Project
Identifier / Work Item Number
Location
of Project
Description
of Work (include number of stories for housing projects)
HUD
Maintenance Wage Rate Decision - Include Effective Date and if
Routing/Non-Routing
or
if Davis-Bacon Wage Decision - Include Modification Number
Budgeted
Cost (Labor & Materials)
Work
Start Date
%
Complete, or Completion Date
2. Enforcement – General
Yes
No
NA
Has
the agency established a method to ensure force account workers
are paid not less than the rate required?
Did
the agency maintain work records for employees showing employee
name, address, Social Security Number?
Did
the agency maintain weekly work records showing daily hours
worked, classification (trade), pay rate & deductions for
each worker?
Were
apprentices or trainees employed on the project?
Was
the apprentice/trainee program approved? (if no apprentices,
answer ‘NA’)
Were
apprentices/trainee ratio requirements met? (if no
apprentices, answer ‘NA’)
Did
the applicable wage decision include all classifications needed
for completion of the project?
If
no to (g), did the agency obtain approval from/through HUD DBLS
to add classifications to the wage decision?
3. Project Administration
Yes
No NA
Procedure
established to track complaint resolution?
Were
any complaints received from workers or others?
Were
violations (misclassification, underpayment, etc.) corrected?
☐ Additional
deficiencies identified are listed on a separate page and attached
to this form, along with copies of supporting documentation
(contract payrolls, interviews, correspondence, etc.) --
End of Part E –
Part X. Exit Conference
Agency
Name
Agency
ID No.
Conference
Location
Conference
Date and Time
Conference
Attendees/Participants - Name, Organization, and Title (attach
list to this form if more room needed)
Reviewer(s)
- Name and Title
☐Agency
representatives were advised of problem areas, and were provided an
opportunity to question and discuss the basis for preliminary
conclusions. The following principal areas were discussed;
additional items are covered on a separate page and attached to this
form.
Staffing
Knowledge,
capacity, sufficient number for volume of work. Is the work that
is being done effective? Is there a disproportionate amount of
covered activity not being reviewed?
Information
Systems / Tracking Mechanisms
Note:
Agencies have very wide latitude in the configuration, locations,
and functioning of the system.
Enforcement
Files / Records
Note:
Agencies have very wide latitude in the configuration, locations,
and functioning of the system. The focus in this section is that
complete records for covered activities are maintained for the
duration required and that they be retrievable in a reasonable
time. As with management system, “blind spots” can
be brought to the attention of the agency. Reviewers are
cautioned about requiring revisions in the absence of violations
resulting from a flawed system.
Labor
Standards Review – Procedures
Agency
processes to review funded/assisted projects for applicability of
labor standards ensure appropriate wage decisions/determinations
and labor standards provisions are included in agreements/orders
for covered work and that project records are established and
managed with the knowledge of appropriate officials and offices
of the agency.
Part X., continued
Labor
Standards Review – Effectiveness
Outcome
of the agency’s systems and efficiency, including actions
of grantee agencies and management firms.
Technical
Assistance and Training
Quality
and effectiveness of the technical assistance and training
provided by the agency to its grantees, contractors, and
management firms. Also covers the technical assistance and
training needs of the agency’s staff.
Wage
Decision Issuances
The
agency’s application of wage decisions/determinations,
including applying for changes.
Complaints
Actual
complaints received or procedures established/needed.
Restitution
and Escrow Administration
Conclusions
concerning the “perfection” of restitution. Were
certified payroll reports submitted for the restitution payments,
as well as an assurance of future compliance? Were sufficient
funds retained when needed? Were funds handled appropriately?
Does the agency have appropriate documentation on the
circumstances requiring escrows?