Pre-Bid Orientation: Prime Contractor Responsibilities & Compliance Requirements for DBRA/CDBG Projects

1. Responsibility for All Workers on Site

• The prime contractor is responsible for all workers at the job site, including those hired through subcontractors or staffing agencies.

• Ensure that all workers meet the required compliance standards, and that proper documentation is maintained.

2. Compliance with Davis-Bacon Wage Requirements

• Davis-Bacon wage rates must be followed for all workers on the site, including direct hires, subcontractors, and staffing agency workers.

o No exceptions to the wage rates. Non-compliance will result in payment delays or withholding.

3. Pre-Construction Compliance Meeting and Subcontractor Participation (In Person at the County)

• Pre-construction compliance meetings are mandatory and will be held in person at the County.

• Required attendance includes:

o The prime contractor, and o All known subcontractors (or specialty trades) that will be working on-site.

• No subcontractor may begin work on-site unless they have attended the required pre-construction compliance meeting and received the compliance expectations directly.

• If a new subcontractor is added after the pre-construction meeting:

o The prime contractor must notify the County and the grantee, and o A separate in-person pre-construction compliance meeting must be scheduled at the County before the new subcontractor (or their workers) can begin work on-site.

• This requirement is in place to ensure all parties understand Davis-Bacon requirements upfront and to prevent wage issues, including wage restitution caused by misunderstanding worker classifications or pay rates.

4. Subcontractor Disclosure, Tracking, and SAM.gov Requirement (Ongoing Requirement)

• Notify the compliance analyst and grantee when adding or changing subcontractors.

• Keep an updated list of subcontractors and trades working on-site, including who they work for.

• Full SAM.gov registration is required for all subcontractors. A UEI number alone is not full registration.

• Subcontractors may not begin work on-site until the County verifies full SAM.gov registration and receives the exclusions documentation for the compliance file.

5. Certified Payroll Reporting

• Submit one certified payroll report each week, ensuring it includes all workers

(even those from subcontractors or agencies).

• Submit electronically using the Davis-Bacon and Related Act Certified Payroll Submission Form:

Certified Payroll Submission Form (link)

• The certified payroll report must match the worker interviews conducted by the compliance analyst.

• Keep records for three years after the project ends.

6. Reports for Section 3 and BABA Act Compliance

• Complete any necessary reports for HUD’s Section 3 (promoting employment for low-income individuals) and BABA (Build America, Buy America) compliance.

• Submit these reports accurately and on time.

7. Payment After Completion of Work

• Payment will be processed only after compliance is confirmed by the compliance analyst.

o If you're not compliant, you will not be paid.

https://app.smartsheet.com/b/form/8c245711a7754234b43d7112a70f508f o Multiple discrepancies between the certified payroll and worker interviews will lead to the DOL investigation, and payment will be withheld until compliance is confirmed.

8. Consequences of non-compliance

• If the agency pays without confirming compliance:

o The agency will not be reimbursed by SLCo due to non-compliance.

o This can result in project delays, penalties, and further scrutiny.

9. Contractor’s Responsibility to Review Key Documents

• It is the prime contractor's responsibility to thoroughly read the following important documents for proper understanding and compliance:

o Davis-Bacon and Labor Standards: Agency/Contractor Guide (link) o Chapter 16: Labor Standards for CDBG Projects (link)

10. Davis-Bacon Worker Pocket Guide

• Provide a copy of the Davis-Bacon Worker Pocket Guide to all workers on the project site to ensure they understand their rights under the Davis-Bacon Act.

o Download guide (link)

11. Record Retention

• Keep all payroll records for at least three years after the project is completed.

This includes:

o Payroll records for every worker on the project.

o Documentation regarding subcontractors and worker classifications.

Key Takeaways for Contractors:

• Prime contractor is responsible for all workers on the site, including subcontractors and staffing agency workers.

• Davis-Bacon wage requirements apply to all workers on the site. Worker classifications and pay rates must be correct to avoid wage restitution and payment delays.

https://files.hudexchange.info/resources/documents/Davis-Bacon-and-Labor-Standards-Agency-and-Contractor-Guide.pdf https://www.hud.gov/sites/documents/CDBGCHAPTER16.PDF https://www.hud.gov/sites/dfiles/Labor/documents/Davis-Bacon_Worker_Pocket_Guide.pdf

• Pre-construction compliance meetings are mandatory, in person, and held at the County. Prime contractors must attend and must bring all known subcontractors or trades that will be working on-site.

• If a new subcontractor is added later, a separate in-person pre-construction compliance meeting must be scheduled at the County before the subcontractor (or their workers) can begin work on-site.

• Full SAM.gov registration is required for the prime contractor and all subcontractors. A UEI number alone is not full registration. Work will not start until registration is verified and exclusions documentation is received for the compliance file.

• Submit one weekly certified payroll report through the required electronic system.

Certified payroll must match work dates and worker interviews.

• Complete Section 3 and BABA Act compliance reports when applicable.

• You will not be paid until compliance is confirmed. Failure to meet compliance requirements can lead to payment delays, investigations, and non-payment.

• Provide the Davis-Bacon Worker Pocket Guide to all workers and review all required compliance documents.

• Maintain all records for three years after project completion, including payroll and subcontractor documentation.

By following these steps and staying on top of compliance, contractors will support a smooth process for payment and avoid preventable issues on DBRA/CDBG projects.

Note:

For any questions regarding Davis-Bacon Act (DBA) compliance, please direct your inquiries to Madeline Martinez, the Contract and Compliance Analyst for Salt Lake County Housing and Community Development (HCD). You can reach her via email at mademartinez@saltlakecounty.gov