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5.9.1         Purpose

The DOE requires that all construction subcontractors comply with the standards set by the U.S. Department of Labor, as contained in LBNL’s construction subcontract documents.

Subcontractors are required to submit certified payroll and a statement of compliance on a weekly basis.

5.9.2         Compliance Checking

The Project Manager has the responsibility to: 

  • Assist with On-Site Observations/Reports when requested by Procurement.
  • Personally record, or ensure that the construction inspector’s and/or Construction Manager’s daily reports include the names of all subcontractors and lower-tier subcontractors working at the job each day, and the number of trade personnel. If the number of subcontractor personnel varies in any given day, or if the number of trade classifications and apprentices are known, this information should also be noted.
  • Verify that subcontractors have fulfilled all posting requirements at the construction site (wage rates and applicable posters). Procurement assists with this function.
  • Forward completed Labor Standards Interview Forms SF-1445 to the Procurement Department when requested.
  • Facilitate subcontractor employee interviews conducted by the Procurement Department.
  • Work jointly with the Procurement Department to reconcile certified payrolls with on-site observations/reports and subcontractor employee interviews.
  • Gather information as accurately as possible and notify the Procurement Subcontract Administrator of subcontractor’s employee inquiries or complaints. Advice should not be provided directly to an employee.

The Procurement Department has the responsibility to interview subcontractor employees, as follows:

  • Verify that subcontractors have fulfilled all posting requirements at the construction site (wage rates and applicable posters). Project Managers may assist with this function.
  • Conduct periodic interviews of subcontractor employees using the Labor Standards Interview Form SF-1445. The interviewer will meet the subcontractor employee, state the purpose of the interview, and proceed with the Labor Standards Interview without undue pressure by the employee’s supervisor or peers. Periodic interviews may also be delegated to the Project Manager.
  • Follow the Labor Standards Interview format and avoid making suggestions or adopting an attitude that could prejudice answers. 
  • Keep a record of time spent in the interview and take no more time than is necessary. This record may be useful to satisfy claims of excessive interview time.