September/October 2023 - 128

workers in the area. Critically, the DOL separated wage data
for rural and metropolitan/urban areas. The new rule
reinstates a second step existing prior to 1983 for establishing
a prevailing wage and eliminates the separation of rural and
metropolitan wage data.
Under the new rule, if 50 percent of workers are not paid
the same rate, the DOL will determine if 30 percent or more of
workers are paid the same rate and use that rate as the
prevailing wage. The " 30 percent rule " will be applied to both
wages and fringe benefits. Regarding geographical areas, the
new rule permits prevailing wages to be calculated on a multicounty
or highway-district basis, rather than by county, and
permits the mixing of rural and metropolitan wage and fringe
data. Establishing prevailing wages based upon wages paid to a
lower number of workers will likely result in higher overall
prevailing wages. The mixing of metropolitan and rural wage
data will almost certainly increase wages and fringes required
on projects in rural areas.
The final rule mandates that wage determinations be
updated after a contract is awarded if (1) the contract is
changed to include substantial construction not included in
the original scope of work; or (2) if the contract is changed to
exercise an option that would require work in an additional
time period. Wage determination for indefinite delivery
indefinite quantity contracts, long-term operations and
maintenance contracts, and other contracts requiring
construction over a long period of time, but that are not tied to
completion of a particular project, must be updated annually.
The final rule also:
* Eliminates the standard allowing material suppliers to
perform up to 20 percent non-delivery onsite construction
work without falling within the DBA. Going forward, a
supplier that performs any construction work on the
project site (or covered secondary site) will not be
considered a material supplier and will subject to the
requirements of DBA.
* Clarifies that " building or work " (used to distinguish
between construction and manufacturing and furnishing
of materials) includes solar panels, wind turbines, broadband
installation and installation of electric car charging
stations.
* Clarifies that flaggers are covered by DBA, even if they are
not working on the project site.
Stay Up to Date
* Establishes strict requirements for claiming an apprenticeship
as a fringe benefit, including that the
(1) program must be registered with the Employment and
Training Agency's Office of Apprenticeship; (2) contractor's
contribution must bear a " reasonable relationship " to
the cost of the apprenticeship benefits; (3) costs for the
apprenticeship for one classification of worker may not be
used to offset costs for another classification; and (4) the
contractor must divide the costs of the program by the
total number of hours worked by workers in the
apprentice's classification and may only apply credit to
those workers in that classification;
* Clarifies that payroll records must be retained for at least 3
years.
* Clarifies that upper-tier subcontractors may be liable for
DBA violations of their subcontractors (lower-tier
subcontractors). Upper-tier subcontractors are required to
pay back wages on behalf of their subcontractors.
* Requires interest to be applied to back wages and
monetary relief and clarifies that interest will be
compounded daily.
Did you know that in addition to the DFI website,
there are several ways to stay up to date on DFI and
the deep foundations industry? From the home
page of
www.dfi.org, you can access DFI's Facebook
Page, LinkedIn Page and Group, Twitter Feed and
YouTube Channel. Or you can visit these social
media platforms and search for " Deep Foundations
Institute " or @DFI_Tweets on Twitter.
128 * DEEP FOUNDATIONS * SEPT/OCT 2023
* Creates the same standard for debarment for DBA and DBA
Related Acts, including the mandatory 3-year debarment
and no early removal from the debarment list.
Prior to promulgation of the new rule, the DOL estimated that
DBA and Related Acts applied to approximately 1.2 million
construction workers and affected an estimated $217 billion
in federal and federally assisted construction contracts. The
new rule will undoubtedly increase both substantially.
http://www.dfi.org

September/October 2023

Table of Contents for the Digital Edition of September/October 2023

TOC
September/October 2023 - Intro
September/October 2023 - 1
September/October 2023 - 2
September/October 2023 - TOC
September/October 2023 - 4
September/October 2023 - 5
September/October 2023 - 6
September/October 2023 - 7
September/October 2023 - 8
September/October 2023 - 9
September/October 2023 - 10
September/October 2023 - 11
September/October 2023 - 12
September/October 2023 - 13
September/October 2023 - 14
September/October 2023 - 15
September/October 2023 - 16
September/October 2023 - 17
September/October 2023 - 18
September/October 2023 - 19
September/October 2023 - 20
September/October 2023 - 21
September/October 2023 - 22
September/October 2023 - 23
September/October 2023 - 24
September/October 2023 - 25
September/October 2023 - 26
September/October 2023 - 27
September/October 2023 - 28
September/October 2023 - 29
September/October 2023 - 30
September/October 2023 - 31
September/October 2023 - 32
September/October 2023 - 33
September/October 2023 - 34
September/October 2023 - 35
September/October 2023 - 36
September/October 2023 - 37
September/October 2023 - 38
September/October 2023 - 39
September/October 2023 - 40
September/October 2023 - 41
September/October 2023 - 42
September/October 2023 - 43
September/October 2023 - 44
September/October 2023 - 45
September/October 2023 - 46
September/October 2023 - 47
September/October 2023 - 48
September/October 2023 - 49
September/October 2023 - 50
September/October 2023 - 51
September/October 2023 - 52
September/October 2023 - 53
September/October 2023 - 54
September/October 2023 - 55
September/October 2023 - 56
September/October 2023 - 57
September/October 2023 - 58
September/October 2023 - 59
September/October 2023 - 60
September/October 2023 - 61
September/October 2023 - 62
September/October 2023 - 63
September/October 2023 - 64
September/October 2023 - 65
September/October 2023 - 66
September/October 2023 - 67
September/October 2023 - 68
September/October 2023 - 69
September/October 2023 - 70
September/October 2023 - 71
September/October 2023 - 72
September/October 2023 - 73
September/October 2023 - 74
September/October 2023 - 75
September/October 2023 - 76
September/October 2023 - 77
September/October 2023 - 78
September/October 2023 - 79
September/October 2023 - 80
September/October 2023 - 81
September/October 2023 - 82
September/October 2023 - 83
September/October 2023 - 84
September/October 2023 - 85
September/October 2023 - 86
September/October 2023 - 87
September/October 2023 - 88
September/October 2023 - 89
September/October 2023 - 90
September/October 2023 - 91
September/October 2023 - 92
September/October 2023 - 93
September/October 2023 - 94
September/October 2023 - 95
September/October 2023 - 96
September/October 2023 - 97
September/October 2023 - 98
September/October 2023 - 99
September/October 2023 - 100
September/October 2023 - 101
September/October 2023 - 102
September/October 2023 - 103
September/October 2023 - 104
September/October 2023 - 105
September/October 2023 - 106
September/October 2023 - 107
September/October 2023 - 108
September/October 2023 - 109
September/October 2023 - 110
September/October 2023 - 111
September/October 2023 - 112
September/October 2023 - 113
September/October 2023 - 114
September/October 2023 - 115
September/October 2023 - 116
September/October 2023 - 117
September/October 2023 - 118
September/October 2023 - 119
September/October 2023 - 120
September/October 2023 - 121
September/October 2023 - 122
September/October 2023 - 123
September/October 2023 - 124
September/October 2023 - 125
September/October 2023 - 126
September/October 2023 - 127
September/October 2023 - 128
September/October 2023 - 129
September/October 2023 - 130
September/October 2023 - 131
September/October 2023 - 132
September/October 2023 - 133
September/October 2023 - 134
September/October 2023 - 135
September/October 2023 - 136
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/january-february-2024
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/november-december-2023
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/september-october-2023
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/july-august-2023
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/may-june-2023
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/Jan-feb-2021_nxtbook
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/july-august-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/march-april-2023
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/january-february-2023
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/november-december-2022
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/september-october-2022
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/july-august-2022
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/may-june-2022
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/march-april-2022
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/january-february-2022
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/november-december-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/sept-oct-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/july-aug-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/may-june-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/march-april-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/january-february-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/november-december-2020
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/September-October-2020
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/may-june-2020
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/march-april-2020
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/january-february-2020
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/july-august-2020
https://www.nxtbookmedia.com