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The Davis-Bacon Act requires contractors and subcontractors to pay local prevailing wages on Federal contracts and certain Federal financial assistance awards.Anchor top top
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If the program's authorizing legislation does incorporate the Davis-Bacon Act requirements, the provision is applicable to construction contracts of more than $2,000 awarded by recipients and subrecipients. see 2 CFR 200 Appendix II—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards for more information. However, if the Davis-Bacon Act requirements are not specifically included in the program’s authorizing legislation, then the requirements do not apply.
Frequently Asked Questions
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The Davis-Bacon Act is not applicable to any passthrough funds (subawards or contracts) if the initial federal award is exempt for Davis-Bacon requirements. However, if a State has a prevailing wage law in place, there may be a requirement depending on that State’s legislation.
Resources
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2 CFR 200, Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, here.
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For Service Personnel: See DOI Solicitor's Office Opinions related to the Davis-Bacon Act here. (Requires appropriate login permission).
References
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[1] U.S. Department of Labor "Federal Contracts-Working Conditions: Prevailing Wages in Construction Contracts".Employment Law Guide. 2009. Online. 17 July 2014. <http://www.dol.gov/compliance/guide/dbra.htm>.
