Saturday, January 28th, 2017

BALCA, En Banc, on ‘Required Documentation,’ ‘Substantial Failure’ – Matter of SAP America, Inc.

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"[W]e find that SAP’s failure to produce “a copy [of] the prevailing wage request for the prevailing wage determination” did not constitute a “substantial failure by the employer to provide required documentation” under Section 655.20(b).   Accordingly, we find that the CO erred in denying SAP’s application.  We thus reverse the CO’s denial and remand the matter to the CO for certification." - Matter of SAP America, Inc., Apr. 18, 2013.