Appendix F - Davis Bacon Act Information Sheet.pdf

APPENDIX E

Davis Bacon Act Information Sheet

"Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin, in accordance with Executive Order 11246 Equal Employment Opportunity and Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity, and that the contractor will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended.

The Contractor and sub-contractors must comply with Davis Bacon Act July 2n 1964 (J'itle 40§ 276A). The Equal Employment Opportunity Act September 28, 1965 No. 11246, all United States Department of Labor Regulations and standards Title 29, 1,3 and 5, and Title 18, US. C., Section 874 known as "Anti- Kickback Act" and the Federal Occupational Safety and Health Act of 1970."

Who is Covered

The Davis-Bacon and related Acts (DBRA) generally apply to contractors and subcontractors performing on federal and federally assisted contracts in excess of $2,000 for construction, alteration, or repair (including painting and decorating). Laborers and mechanics performing on the site of the work of DBRA-covered contracts are entitled to receive prevailing wage rates for such work.

Basic Provisions/Requirements

The Davis-Bacon and Related Acts (DBRA) require that contractors and subcontractors performing on covered contracts pay laborers and mechanics employed on the project jobsite not less than the prevailing wage rates (including fringe benefits) listed in the contract’s Davis-Bacon wage determination for corresponding classes of laborers and mechanics. The rates listed are based on wages and fringe benefits WHD found to be prevailing for laborers and mechanics employed on similar projects in the area. Davis-Bacon labor standards clauses and the applicable wage determination(s) must be included in covered contracts.

Apprentices may be employed at less than the predetermined rates if they are individually registered in and employed pursuant to an apprenticeship program registered with the Department of Labor or with a state apprenticeship agency recognized by the Department.

Trainees individually registered may be employed at less than predetermined rates if they are participating in a trainee program certified by the Department.

Contractors and subcontractors on DBRA projects are required to pay laborers and mechanics weekly and to submit weekly certified payroll records to the contracting agency.

DBRA contractors and subcontractors are also subject to rules concerning allowable payroll deductions.

Contractors and subcontractors on Davis-Bacon Act prime contracts in excess of $150,000, or related Act contracts in excess of $100,000, are also required, pursuant to the Contract Work Hours and Safety Standards Act, to pay laborers and mechanics one and one-half times their basic rates of pay for all hours over 40 worked on a covered contract in a workweek.

Recordkeeping

Under the Davis-Bacon and related Acts, covered contractors must maintain payroll and basic records for all covered laborers and mechanics during the course of the work and for a period of three years thereafter. Records to be maintained include:

• Name, address, and social security number of each worker

• Each worker’s work classifications

• Hourly rates of pay, including rates of contributions or costs anticipated for fringe benefits or their cash equivalents

• Daily and weekly numbers of hours worked

• Deductions made

• Actual wages paid

• Detailed information regarding bona fide fringe benefit plans and programs, including records that show that the plan or program has been communicated in writing to the laborers and mechanics affected

• If applicable, detailed information regarding approved apprenticeship or trainee programs

Some of the records required to be kept under the law are also required under the Fair Labor Standards Act. See Wage and Hour Division

Reporting

Each covered contractor and subcontractor must, on a weekly basis, provide the contracting agency a copy of all payrolls providing the information listed above under “Recordkeeping” for the preceding weekly payroll period, except that that full social security numbers and home addresses shall not be included on weekly transmittals, and instead the payrolls only need to include an individually identifying number for each worker (e.g., the last four digits of the worker’s social security number). Each payroll submitted must be accompanied by a “Statement of Compliance” using page 2 of Form WH-347 Payroll (For Contractors Optional Use), or any form with identical wording, certifying compliance with applicable requirements.

The statement is to be signed by the contractor or subcontractor, or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and delivered to a representative of the federal or state agency in charge. This must be submitted within seven days after the regular pay date for the pay period

From time to time, contractors may also be asked to submit, via survey, wage data from construction projects on which they have employed laborers and mechanics for use by WHD in determining the locally prevailing wage rates that will apply to Davis-Bacon and related https://www.dol.gov/whd/forms/wh347instr.htm https://www.dol.gov/whd/forms/wh347instr.htm https://www.dol.gov/whd/forms/wh347instr.htm https://www.dol.gov/whd/forms/wh347instr.htm

Acts-covered projects in the future. The submission of wage data is encouraged, but voluntary. When new surveys are conducted to enable WHD to reflect the locally prevailing wages, contractors and others may use the WD-10 Form, Report of Construction Contractor’s Wage Rates.

https://www.dol.gov/whd/programs/dbra/wd10/index.htm https://www.dol.gov/whd/programs/dbra/wd10/index.htm https://www.dol.gov/whd/programs/dbra/wd10/index.htm https://www.dol.gov/whd/programs/dbra/wd10/index.htm