RFQ_260120_DBRA_Provisions.pdf

Davis-Bacon and Related Acts (DBRA) Provisions

This section contains the required Davis-Bacon and Related Acts (DBRA) provisions for inclusion in the solicitation and any resulting contract for the Design-Build Construction Project funded in part by the U.S. Bureau of Reclamation. These provisions apply to all construction, alteration, repair, and site preparation work financed under the grant or cooperative agreement.

A. Notice of Davis-Bacon Coverage

1. This contract is subject to the labor standards provisions of the Davis-Bacon and Related Acts (DBRA), as implemented in 29 CFR Parts 1, 3, and 5.

2. The Contractor and all subcontractors must comply with the applicable prevailing wage rates, fringe benefits, overtime, certified payrolls, and other requirements set forth under DBRA for all construction, alteration, repair, demolition, or site preparation work performed under this contract.

3. Work that is purely design, engineering, or similar professional services is not subject to DBRA. However, once physical construction (or site preparation) begins, DBRA applies.

4. The Davis-Bacon wage determination(s) included in this solicitation (see Section X) set the minimum wages and fringe benefits that must be paid for each labor classification. The Contractor shall not pay less than those rates.

5. The wage determination(s) must remain effective for the term of the construction work (or as otherwise modified by DOL). The Contracting Officer may issue modifications to the wage determination(s) prior to award or during performance, as provided in 29 CFR Part 1 and 5.

6. The Contractor must post the wage determination(s) (and any modifications) in a prominent and accessible place at the worksite(s).

7. The Contractor must submit certified weekly payrolls (using DOL Form WH‑347 or equivalent) and maintain other DBRA-required records (e.g., statements of fringe benefits, timecards, classifications, hours worked).

8. The Contractor must withhold sums as required under DBRA, make any back‑wage payments, and cooperate in inspections/investigations by the Department of Labor.

9. Failure to comply with DBRA obligations may result in withholding, contract termination, debarment, and monetary liability for back wages and penalties.

B. Wage Determination(s)

1. The following General Wage Determination (GWD) issued by the U.S. Department of Labor is incorporated into this solicitation:

Wage Determination No. AZ20250059_Mod 3_9/12/2025

#260120- Advanced Water Purification Program- Tres Rios

10/15/2025

2. All laborers and mechanics performing work under this contract must be paid wages and fringe benefits no less than those listed in the wage determination.

3. If the Contractor proposes work under a classification not listed in the wage determination, it must submit a conformance request in accordance with 29 CFR § 5.5(c).

4. Any modifications to the wage determination issued by DOL before award may be incorporated. Subsequent modifications after award may be applied if authorized under 29 CFR § 1.6(c).

5. The Contractor must include the wage determination (and any approved conformance classifications) in all subcontracts for construction work.

C. Payrolls, Records & Reporting

1. The Contractor and subcontractors must submit to the Contracting Officer certified weekly payrolls showing the name, classification, hourly wages, hours worked each day and week, gross wages paid, deductions, and net wages.

2. All records related to labor and wages must be retained for at least three (3) years after completion of all work, per 29 CFR § 5.5(b).

3. The Contractor shall permit authorized representatives of the U.S. Government, the Department of Labor, or other overseeing agencies to inspect work, payroll records, and other documents as necessary for compliance.

4. Upon request, the Contractor must provide evidence to confirm compliance with DBRA (e.g., proof of wage payments, statements on benefits, payroll certificates).

D. Apprentices, Trainees & Overtime

1. Contractors and subcontractors must comply with 29 CFR § 5.5(a)(4) regarding use of apprentices and trainees, including proper registration in bona fide programs and payment of proportionate wages.

2. For contracts exceeding $100,000, the Contractor must comply with the Contract Work Hours and Safety Standards Act (CWHSSA): laborers and mechanics (including guards and watchmen) must be paid at least one and one-half times their regular rate for all hours worked in excess of 40 in a workweek.

3. The Contractor shall ensure safe working conditions and comply with any applicable safety standards.

E. Withholding, Enforcement & Remedies

1. The Contracting Officer may withhold or cause to be withheld from the Contractor such sums as may be considered necessary to satisfy obligations of the Contractor (or subcontractors) under DBRA (e.g., back wages, liquidated damages).

2. The Contracting Officer may suspend or terminate the contract (in whole or in part) for failure to comply with DBRA, or debar the Contractor from further contracting.

3. The Contractor must cooperate in investigations, hearings, or compliance proceedings related to DBRA, including providing testimony, records, and other materials.

4. If the Contractor is found liable for back wages, the Contractor must pay them, plus any penalties, and reimburse the Government for related costs, as permitted by law and regulation.

F. Worker Protection & Anti‑Retaliation

1. The Contractor must not discharge, demote, or in any manner discriminate against any employee who has in good faith exercised rights under DBRA.

2. The Contractor shall include this anti‑retaliation provision in all construction subcontracts.

3. The Contractor must post notices of worker rights under DBRA (e.g., the required DOL poster) at the jobsite in a location accessible to workers.

G. Superseding Clause / Operation of Law

1. The Contractor agrees that, even if a DBRA clause, wage determination, or related clause was inadvertently omitted or incorrectly incorporated, the correct DBRA provisions and wage determinations apply by operation of law, per 29 CFR § 5.5(e).

2. The Contractor shall be compensated for any increase in costs necessary to conform the contract to the correct DBRA wage requirements if the omission or incorrect application is not due to the Contractor’s fault.

#260120- Advanced Water Purification Program- Tres Rios For Bidding Purposes Only

Executive Orders 14026 & 13568 Do Not Apply To This Contract

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