Attachment 6 Wage Determination 1-12-24.pdf

3/23/24, 9:13 PM SAM.gov https://sam.gov/wage-determination/DC20240001/1 1/12

"General Decision Number: DC20240001 01/12/2024

Superseded General Decision Number: DC20230001

State: District of Columbia

Construction Types: Heavy (Heavy and Sewer and Water Line) and Highway

County: District of Columbia Statewide.

HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines);

HIGHWAY CONSTRUCTION PROJECTS

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date https://sam.gov/wage-determination/DC20240001/1 2/12

0 01/05/2024 1 01/12/2024

ASBE0024-001 04/01/2023

Rates Fringes

Asbestos Worker/Heat and Frost Insulator..................$ 40.02 19.67+a

Includes the application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems.

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,the day after Thanksgiving and Christmas Day provided the employee works the regular work day before and after the paid holiday.

ASBE0024-002 04/01/2021

Rates Fringes

HAZARDOUS MATERIAL HANDLER.......$ 24.46 8.69+a

Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems.

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,the day after Thanksgiving and Christmas Day provided the employee works the regular work day before and after the paid holiday.

ASBE0024-005 04/01/2023

Rates Fringes

Fire Stop Technician.............$ 29.80 9.83+a

Includes the application of materials or devices within or around penetrations and openings in all rated wall or floor assemblies, in order to prevent the pasage of fire, smoke of other gases. The application includes all components involved in creating the rated barrier at perimeter slab edges and exterior cavities, the head of gypsum board or concrete walls, joints between rated wall or floor components, sealing of penetrating items and blank openings.

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,the day after Thanksgiving and Christmas Day provided the employee works the regular work day before and after the paid holiday.

BOIL0193-001 01/01/2021

Rates Fringes https://sam.gov/wage-determination/DC20240001/1 3/12

Boilermakers:....................$ 42.62 24.81

BRDC0001-001 04/30/2023

Rates Fringes

Bricklayer......................$ 36.50 13.47

BRMD0001-004 04/30/2023

Rates Fringes

BRICKLAYER

Refractory (Firebrick)......$ 42.18 15.85

* CARP0197-010 05/01/2023

Rates Fringes

Carpenter/Lather.................$ 33.21 13.87

CARP0219-001 05/01/2023

Rates Fringes

MILLWRIGHT.......................$ 37.65 14.54

CARP0441-001 05/01/2022

Rates Fringes

PILEDRIVERMAN....................$ 34.62 13.45

CARP0441-003 05/01/2022

Rates Fringes

DIVER TENDER.....................$ 34.62 13.45

DIVER............................$ 41.54 13.45

* ELEC0026-001 06/05/2023

Rates Fringes

Electricians.....................$ 53.00 21.35

ELEC0070-001 05/03/2023

Rates Fringes

Line Construction:

Cable Splicers..............$ 42.85 22%+7.70 Equipment Operators.........$ 42.85 22%+7.70 Groundmen...................$ 19.64 22%+7.70 Linemen.....................$ 42.85 22%+7.70 Truck Driver................$ 22.66 22%+7.70

ENGI0077-001 05/01/2023

Rates Fringes

Power equipment operators:

(HEAVY AND HIGHWAY

CONSTRUCTION)

GROUP 1.....................$ 43.64 11.60+a https://sam.gov/wage-determination/DC20240001/1 4/12

GROUP 2.....................$ 41.47 11.60+a GROUP 3.....................$ 38.93 11.60+a GROUP 4.....................$ 34.80 11.60+a GROUP 5.....................$ 29.91 11.60+a GROUP 6.....................$ 27.38 11.60+a GROUP 7.....................$ 44.97 11.60+a

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Tower Cranes and Cranes 100 ton and over.

GROUP 2: 35 ton cranes & above, derricks, concrete boom pump, drill rigs (+50,000 lbs torque), mole, mechanic.

GROUP 3: Cranes, hoists, drill rigs (under 50,000 lbs torque), tie back machines, paving mixers, tunnel shovels, batch plants, shields, tunnel mining machines, draglines, mucking machines, graders in tunnels, pile driving engines, welder, horizontal directional drill operator, Tug boats.

GROUP 4: Front end loaders, boom trucks, backhoes, excavators, gradalls, power driven wheel scoops & scrapers, blade graders, motor graders, bulldozers, trenching machines, ballast regulator,hoe ram, locomotive (standard, narrow gauge, tuggers).

GROUP 5: Boilers (skelton), asphalt spreaders, bullfloat finishing machines, concrete finishing machines, concrete spreaders,concrete mixer, concrete pump, well points, hydraulic pumps, elevators, freeze uniits, tunnel motorman or dinky operator, conveyors, grout pump, fireman, ultra high pressure water jet cutting tool system operator/mechanic, horizontal directional drill locator, skid steers (fine grading), High lifts (lull type lifts).

GROUP 6: Fork lifts, ditch witch, bobcat, skid steer, space heaters, sweepers, assistant engineers, oilers, service unit equipment, roller.

GROUP 7: Master mechanic.

a. PAID HOLIDAYS: New Years Day, Inaugural Day, Decoration Day, Independence Day, Labor Day, Martin Luther King's Birthday, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day.

ENGI0077-002 06/01/2023

Rates Fringes

Power equipment operators:

(PAVING AND INCIDENTAL

GRADING)

GROUP 1.....................$ 35.55 9.92

GROUP 2.....................$ 31.61 9.92

GROUP 3.....................$ 27.09 9.92

GROUP 4.....................$ 24.30 9.92

GROUP 5.....................$ 36.37 9.72

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Gradall operator, Crane.

GROUP 2: Boom Truck, Milling Machine, Excavator, Rubber Tire Backhoe, Asphalt Paver, Asphalt Plant Engineer, Motor https://sam.gov/wage-determination/DC20240001/1 5/12

Grader, Track Loader, Rubber Tire Loader, Track Dozer, Concrete Paver.

GROUP 3: Broom Truck, Asphalt Roller.

GROUP 4: Air Compressor, Grade Rollers.

GROUP 5: Mechanic.

ENGI0077-003 07/01/2023

Rates Fringes

Power equipment operators:

(SEWER, GAS AND WATER LINE

CONSTRUCTION)

GROUP 1.....................$ 38.53 10.42+a GROUP 2.....................$ 31.52 10.42+a GROUP 3.....................$ 31.01 10.42+a GROUP 4.....................$ 29.07 10.42+a GROUP 5.....................$ 24.19 10.42+a

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1:Cranes 50 ton and above.

GROUP 2:Gradall, Lead Mechanic, Crane under 50 ton capacity.

GROUP 3:Boom Trucks, Excavators, Backhoes, Front-End Loaders, Fork Lift/Lull, Bulldozers, Motor Graders, Mechanic 1, Hydraulic Tamper and Hoe Pack, Paving Mixers, Pile Driving Engines, Batch Plant, Concrete Pumps, Low-Boy Driver, Lube Truck.

GROUP 4.Knuckle Boom, Trenching Machine, Well Drilling Machines, Concrete Mixers, Assistant Mechanic, Mini Excavator under 10,000 lbs. gross weight.

GROUP 5:Oiler, Dump Truck, Skid Steer/Bobcat, Rollers.

a.PAID HOLIDAYS: New Year's Day, Inaugural Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving Day and Christmas Day

IRON0005-005 06/01/2023

Rates Fringes

IRONWORKER, STRUCTURAL AND

ORNAMENTAL.......................$ 36.10 25.19

IRON0005-012 05/01/2023

Rates Fringes

IRONWORKER, REINFORCING..........$ 30.70 23.33

LABO0011-003 06/01/2022

Rates Fringes

Laborers: (HEAVY AND HIGHWAY

AND SEWER & WATER LINES

CONSTRUCTION)

https://sam.gov/wage-determination/DC20240001/1 6/12

GROUP 1.....................$ 28.75 8.98

GROUP 2.....................$ 29.47 8.98

GROUP 3.....................$ 29.47 8.98

GROUP 4.....................$ 29.71 8.98

GROUP 5.....................$ 30.32 8.98

GROUP 6.....................$ 31.16 8.98

GROUP 7.....................$ 31.95 8.98

GROUP 8.....................$ 32.98 8.98

LABORERS CLASSIFICATIONS:

GROUP 1: Carloaders, choker setter, concrete crewman, crushed feeder, demolition laborers, including salvaging all material, loading, cleaning up, wrecking, dumpmen, flagmen, fence erector and installer (other than chain link), including installation and erection of fence, guard rails, medial rails, reference posts, guide posts and right-of-way markers, form strippers, general laborers, railroad track laborers, riprap man, scale man, stake jumper, structure mover, includes foundation, separation, preparation, cribbing, shoring, jacking and unloading of structures, water nozzleman, timber bucker and faller, truck loader, water boys, tool room men.

GROUP 2: Combined air and water nozzleman, cement handler, dope pot fireman (nonmechanical), form cleaning machine, mechanical railroad equipment (includes spiker, puller, tile cleaner, tamper, pipe wrapper, power driven wheelbarrows, operators of hand derricks, towmasters, scootcretes, buggymobiles and similar equipment), tamper or rammer operator, trestle scaffold builders over one tier high, power tool operator (gas, electric or pneumatic), sandblast or gunnite tailhose man, scaffold erector, (steel or wood), vibrator operator (up to 4 feet), asphalt cutter, mortar men, shorer and lagger, creosote material handler, corrosive enamel or equl, paver breaker and jackhammer operators.

GROUP 3: Multi-section pipe layer, non-metallic clay and concrete pipe layer (including caulker, collarman, jointer, rigger and jacker, thermal welder and corrugated metal culvert pipe layer.

GROUP 4: Asphalt block pneumatic cutter, asphalt roller, walker, chainsaw operator with attachment, concrete saw (walking), high scalers, jackhammer operator (using over 6 feet of steel), vibrator operator (4 feet and over), well point installer, air trac operator.

GROUP 5: Asphalt screeder, big drills, cut of the hole drills (1 1/2 "" piston or larger), down the hole drills (3 1/2"" piston or larger) gunnite or sandblaster nozzleman, asphalt raker, asphalt tamper, form setter, demolition torch operator, shotcrete nozzlemen and potman.

GROUP 6: Powderman, master form setters.

GROUP 7: Brick paver (asphalt block paver, asphalt block sawman, asphalt block grinder, hastings block or similar type) GROUP 8: Licensed powdermen.

LABO0011-004 06/01/2022

Rates Fringes

Laborers: (HAZARDOUS WASTE

REMOVAL, EXCEPT ON MECHANICAL

SYSTEMS:

Preparation for, removing and encapsulation of hazardous materials from non-mechanical systems) Skilled Asbestos Abatement Laborers....................$ 27.84 8.98 Skilled Toxic and https://sam.gov/wage-determination/DC20240001/1 7/12

Hazardous Waste Removal Laborers....................$ 27.84 8.98

LABO0011-005 06/01/2022

Rates Fringes

Laborers: (TUNNEL, RAISE &

SHAFT (FREE AIR)

FOR HEAVY AND SEWER & WATER

LINES CONSTRUCTION)

GROUP 1.....................$ 29.79 8.98

GROUP 2.....................$ 30.76 8.98

GROUP 3.....................$ 33.17 8.98

GROUP 4.....................$ 34.18 8.98

LABORERS CLASSIFICATIONS:

GROUP 1: Brakeman, Bull Gang, Dumper, Trackmen, Concrete Man.

GROUP 2: Chuck Tender, Powdermen in Prime House, Form Setters and Movers, Nippers, Cableman, Houseman, Groutman, Bell or Signalman, Top or Bottom Vibrator Operator.

GROUP 3: Miners, Re-Bar Underground, Concrete or Gunnite Nozzlemen, Powdermen, Timbermen and Re-Timbermen, Wood Steel Including Liner plate or Other Support, Material Motorman, Caulkers, Diamond Drill Operators, Riggers, Cement Finishers- Underground, Welders and Burners, Shield Driver, Air Trac Operator, Shotcrete Nozzlemen and Potman.

GROUP 4: Mucking Machine Operator (Air).

LABO0011-006 06/01/2022

Rates Fringes

Laborers: (TUNNEL, RAISE AND

SHAFT (COMPRESSED AIR) FOR

HEAVY CONSTRUCTION ONLY

Gauge Pressure Work Period (Pounds) (Hours) 1-14 7...........$ 39.46 8.98 14-18 6...........$ 46.43 8.98

FOOTNOTE: On any requirement for air pressure in excess of 18 PSI, work periods and rates should be negotiated at a pre-bid conference.

LABO0011-007 09/01/2023

Rates Fringes

Laborers: (PAVING AND

INCIDENTAL GRADING)

Asphalt Raker & Concrete Saw Operator................$ 23.13 8.32 Asphalt Shoveler............$ 22.14 8.32 Asphalt Tamper & Concrete Shoveler....................$ 22.70 8.32 Jack Hammer.................$ 22.74 8.32 Laborer.....................$ 21.94 8.32 Sand Setter & Form Setter...$ 23.89 8.32

LABO0011-008 06/01/2022

Rates Fringes https://sam.gov/wage-determination/DC20240001/1 8/12

LABORERS (BRICK MASONRY WORK)

Mason Tenders...............$ 20.70 8.98 Scaffold Builders, Mortarmen...................$ 21.28 8.98

MARB0002-003 04/30/2023

Rates Fringes

Marble & Stone Mason Includes Pointing, Caulking and Cleaning of All Types of Masonry, Brick, Stone and Cement Structures..................$ 43.16 20.28

MARB0003-001 04/30/2023

Rates Fringes

Mosaic & Terrazzo Worker, Tile Layer.......................$ 33.41 12.67

MARB0003-004 04/30/2023

Rates Fringes

Marble, Tile & Terrazzo Finisher.........................$ 27.68 11.63

PAIN0051-001 06/01/2023

Rates Fringes

Painters:

All Industrial Work.........$ 34.30 12.98 Bridges, Heavy Highway, Lead Abatement and Flame/Thermal Spray.........$ 42.93 13.77 Commercial and Mold Remediation, Painters, Wallcovers and Drywall Finishers...................$ 27.46 11.56 Metal Polishing and Refinishing.................$ 28.46 11.56

PLAS0891-001 02/01/2023

Rates Fringes

Cement Masons:

HEAVY CONSTRUCTION ONLY.....$ 30.00 12.99

PLAS0891-002 06/01/2020

Rates Fringes

Cement Masons: (PAVING &

INCIDENTAL GRADING)

Cement Masons...............$ 20.70 8.03 Concrete Saw Operators......$ 20.70 8.03 Form Setters................$ 20.70 8.03

PLUM0005-001 08/01/2023

https://sam.gov/wage-determination/DC20240001/1 9/12

Rates Fringes

Plumbers.........................$ 49.00 23.46+a

a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving Day and the day after Thanksgiving, Christmas Day, New Year's Day, Martin Luther King's Birthday, Memorial Day and the Fourth of July.

* PLUM0602-005 08/01/2023

Rates Fringes

Steamfitter, Refrigeration & Air Conditioning Mechanic........$ 50.27 23.32+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving and Christmas Day.

SHEE0100-001 11/01/2021

Rates Fringes

Sheet Metal Worker...............$ 44.37 21.33+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day

* TEAM0639-001 06/01/2023

Rates Fringes

Truck drivers: (HEAVY &

HIGHWAY CONSTRUCTION)

Tractor trailer, Low Boy....$ 31.25 6.30+a Truck Drivers...............$ 29.25 6.30+a

a. VACATION: Employees will receive one (1) week's paid vacation after one (1) year of service.

* TEAM0639-005 06/01/2023

Rates Fringes

Truck drivers: (PAVING &

INCIDENTAL GRADING)

All paving projects where the grading is incidental to the paving...............$ 29.25 6.30+a

a. VACATION: Employees will receive one (1) week's paid vacation after one (1) year of service.

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

https://sam.gov/wage-determination/DC20240001/1 10/12

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that https://sam.gov/wage-determination/DC20240001/1 11/12 classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request https://sam.gov/wage-determination/DC20240001/1 12/12 review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

Office of the Secretary of Labor § 5.5 been certified by the Secretary of Transportation in accordance with 23 U.S.C. 113(c).

(4) A distinct classification of ‘‘help-er’’ will be issued in wage determina-tions applicable to work performed on construction projects covered by the labor standards provisions of the Davis-Bacon and Related Acts only where:

(i) The duties of the helper are clear-ly defined and distinct from those of any other classification on the wage determination;

(ii) The use of such helpers is an es-tablished prevailing practice in the area; and

(iii) The helper is not employed as a trainee in an informal training pro-gram. A ‘‘helper’’ classification will be added to wage determinations pursuant to § 5.5(a)(1)(ii)(A) only where, in addi-tion, the work to be performed by the helper is not performed by a classifica-tion in the wage determination.

(o) Every person performing the du-ties of a laborer or mechanic in the construction, prosecution, completion, or repair of a public building or public work, or building or work financed in whole or in part by loans, grants, or guarantees from the United States is employed regardless of any contractual relationship alleged to exist between the contractor and such person.

(p) The term wages means the basic hourly rate of pay; any contribution ir-revocably made by a contractor or sub-contractor to a trustee or to a third person pursuant to a bona fide fringe benefit fund, plan, or program; and the rate of costs to the contractor or sub-contractor which may be reasonably anticipated in providing bona fide fringe benefits to laborers and mechan-ics pursuant to an enforceable commit-ment to carry out a financially respon-sible plan of program, which was com-municated in writing to the laborers and mechanics affected. The fringe benefits enumerated in the Davis- Bacon Act include medical or hospital care, pensions on retirement or death, compensation for injuries or illness re-sulting from occupational activity, or insurance to provide any of the fore-going; unemployment benefits; life in-surance, disability insurance, sickness insurance, or accident insurance; vaca-tion or holiday pay; defraying costs of apprenticeship or other similar pro-grams; or other bona fide fringe bene-fits. Fringe benefits do not include ben-efits required by other Federal, State, or local law.

(q) The term wage determination in-cludes the original decision and any subsequent decisions modifying, super-seding, correcting, or otherwise chang-ing the provisions of the original deci-sion. The application of the wage deter-mination shall be in accordance with the provisions of § 1.6 of this title.

[48 FR 19541, Apr. 29, 1983, as amended at 48 FR 50313, Nov. 1, 1983; 55 FR 50149, Dec. 4, 1990; 57 FR 19206, May 4, 1992; 65 FR 69693, Nov. 20, 2000; 65 FR 80278, Dec. 20, 2000]

§§ 5.3–5.4 [Reserved]

§ 5.5 Contract provisions and related matters.

(a) The Agency head shall cause or require the contracting officer to in-sert in full in any contract in excess of $2,000 which is entered into for the ac-tual construction, alteration and/or re-pair, including painting and deco-rating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indi-cated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Pro-vided, That such modifications are first approved by the Department of Labor):

(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and

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29 CFR Subtitle A (7–1–11 Edition) § 5.5 bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage de-termination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contrac-tual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reason-ably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contribu-tions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such labor-ers and mechanics shall be paid the ap-propriate wage rate and fringe benefits on the wage determination for the clas-sification of work actually performed, without regard to skill, except as pro-vided in § 5.5(a)(4). Laborers or mechan-ics performing work in more than one classification may be compensated at the rate specified for each classifica-tion for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage de-termination (including any additional classification and wage rates con-formed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon post-er (WH–1321) shall be posted at all times by the contractor and its sub-contractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conform-ance with the wage determination. The contracting officer shall approve an ad-ditional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not per-formed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry;

and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determina-tion.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their rep-resentatives, and the contracting offi-cer agree on the classification and wage rate (including the amount des-ignated for fringe benefits where appro-priate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Ad-ministrator, or an authorized rep-resentative, will approve, modify, or disapprove every additional classifica-tion action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that addi-tional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their represent-atives, and the contracting officer do not agree on the proposed classifica-tion and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting of-ficer shall refer the questions, includ-ing the views of all interested parties and the recommendation of the con-tracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or

(C) of this section, shall be paid to all workers performing work in the classi-fication under this contract from the

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(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay an-other bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or me-chanic the amount of any costs reason-ably anticipated in providing bona fide fringe benefits under a plan or pro-gram, Provided, That the Secretary of Labor has found, upon the written re-quest of the contractor, that the appli-cable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding. The (write in name of Federal Agency or the loan or grant re-cipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this con-tract or any other Federal contract with the same prime contractor, or any other federally-assisted contract sub-ject to Davis-Bacon prevailing wage re-quirements, which is held by the same prime contractor, so much of the ac-crued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, em-ployed or working on the site of the work (or under the United States Hous-ing Act of 1937 or under the Housing Act of 1949 in the construction or de-velopment of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be nec-essary to cause the suspension of any further payment, advance, or guar-antee of funds until such violations have ceased.

(3) Payrolls and basic records. (i) Pay-rolls and basic records relating thereto shall be maintained by the contractor during the course of the work and pre-served for a period of three years there-after for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contribu-tions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in sec-tion 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any la-borer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro-gram described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such bene-fits is enforceable, that the plan or pro-gram is financially responsible, and that the plan or program has been com-municated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the ac-tual cost incurred in providing such benefits. Contractors employing ap-prentices or trainees under approved programs shall maintain written evi-dence of the registration of apprentice-ship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of ap-propriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the con-tractor will submit the payrolls to the applicant, sponsor, or owner, as the

VerDate Mar<15>2010 15:49 Aug 10, 2011 Jkt 223109 PO 00000 Frm 00127 Fmt 8010 Sfmt 8010 Q:\29\29V1 ofr150 PsN: PC150 case may be, for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and completely all of the information re-quired to be maintained under 29 CFR 5.5(a)(3)(i), except that full social secu-rity numbers and home addresses shall not be included on weekly transmit-tals. Instead the payrolls shall only need to include an individually identi-fying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Op-tional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/ esa/whd/forms/wh347instr.htm or its suc-cessor site. The prime contractor is re-sponsible for the submission of copies of payrolls by all subcontractors. Con-tractors and subcontractors shall maintain the full social security num-ber and current address of each covered worker, and shall provide them upon request to the (write in name of appro-priate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for trans-mission to the (write in name of agen-cy), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a viola-tion of this section for a prime con-tractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submis-sion to the sponsoring government agency (or the applicant, sponsor, or owner).

(B) Each payroll submitted shall be accompanied by a ‘‘Statement of Com-pliance,’’ signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information re-quired to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regu-lations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract dur-ing the payroll period has been paid the full weekly wages earned, without re-bate, either directly or indirectly, and that no deductions have been made ei-ther directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the ap-plicable wage determination incor-porated into the contract.

(C) The weekly submission of a prop-erly executed certification set forth on the reverse side of Optional Form WH– 347 shall satisfy the requirement for submission of the ‘‘Statement of Com-pliance’’ required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section avail-able for inspection, copying, or tran-scription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to inter-view employees during working hours on the job. If the contractor or subcon-tractor fails to submit the required records or to make them available, the Federal agency may, after written no-tice to the contractor, sponsor, appli-cant, or owner, take such action as may be necessary to cause the suspen-sion of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debar-ment action pursuant to 29 CFR 5.12.

(4) Apprentices and trainees—(i) Ap-prentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when

VerDate Mar<15>2010 15:49 Aug 10, 2011 Jkt 223109 PO 00000 Frm 00128 Fmt 8010 Sfmt 8010 Q:\29\29V1 ofr150 PsN: PC150 they are employed pursuant to and in-dividually registered in a bona fide ap-prenticeship program registered with the U.S. Department of Labor, Employ-ment and Training Administration, Of-fice of Apprenticeship Training, Em-ployer and Labor Services, or with a State Apprenticeship Agency recog-nized by the Office, or if a person is em-ployed in his or her first 90 days of pro-bationary employment as an appren-tice in such an apprenticeship program, who is not individually registered in the program, but who has been cer-tified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an ap-prentice. The allowable ratio of ap-prentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an ap-prentice wage rate, who is not reg-istered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage deter-mination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a con-tractor is performing construction on a project in a locality other than that in which its program is registered, the ra-tios and wage rates (expressed in per-centages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, ex-pressed as a percentage of the journey-men hourly rate specified in the appli-cable wage determination. Apprentices shall be paid fringe benefits in accord-ance with the provisions of the appren-ticeship program. If the apprenticeship program does not specify fringe bene-fits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator de-termines that a different practice pre-vails for the applicable apprentice clas-sification, fringes shall be paid in ac-cordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Serv-ices, or a State Apprenticeship Agency recognized by the Office, withdraws ap-proval of an apprenticeship program, the contractor will no longer be per-mitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an accept-able program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be per-mitted to work at less than the pre-determined rate for the work per-formed unless they are employed pur-suant to and individually registered in a program which has received prior ap-proval, evidenced by formal certifi-cation by the U.S. Department of Labor, Employment and Training Ad-ministration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every train-ee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, ex-pressed as a percentage of the journey-man hourly rate specified in the appli-cable wage determination. Trainees shall be paid fringe benefits in accord-ance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determina-tion unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship pro-gram associated with the cor-responding journeyman wage rate on the wage determination which provides for less than full fringe benefits for ap-prentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a train-ing plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per-formed. In addition, any trainee per-forming work on the job site in excess

VerDate Mar<15>2010 15:49 Aug 10, 2011 Jkt 223109 PO 00000 Frm 00129 Fmt 8010 Sfmt 8010 Q:\29\29V1 ofr150 PsN: PC150 of the ratio permitted under the reg-istered program shall be paid not less than the applicable wage rate on the wage determination for the work actu-ally performed. In the event the Em-ployment and Training Administration withdraws approval of a training pro-gram, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an accept-able program is approved.

(iii) Equal employment opportunity.

The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal em-ployment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5) Compliance with Copeland Act re-quirements. The contractor shall com-ply with the requirements of 29 CFR part 3, which are incorporated by ref-erence in this contract.

(6) Subcontracts. The contractor or subcontractor shall insert in any sub-contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appro-priate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier sub-contractor with all the contract clauses in 29 CFR 5.5.

(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termi-nation of the contract, and for debar-ment as a contractor and a subcon-tractor as provided in 29 CFR 5.12.

(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards.

Disputes arising out of the labor stand-ards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its sub-contractors) and the contracting agen-cy, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of eligibility. (i) By entering into this contract, the con-tractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of sec-tion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm in-eligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(iii) The penalty for making false statements is prescribed in the U.S.

Criminal Code, 18 U.S.C. 1001.

(b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and sub-ject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses re-quired by § 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

(1) Overtime requirements. No con-tractor or subcontractor contracting for any part of the conract work which may require or involve the employ-ment of laborers or mechanics shall re-quire or permit any such laborer or me-chanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such work-week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work-week.

(2) Violation; liability for unpaid wages;

liquidated damages. In the event of any violation of the clause set forth in

VerDate Mar2010 15:49 Aug 10, 2011 Jkt 223109 PO 00000 Frm 00130 Fmt 8010 Sfmt 8010 Q:\29\29V1 ofr150 PsN: PC150 paragraph (b)(1) of this section the con-tractor and any subcontractor respon-sible therefor shall be…