Page History
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In addition to the Davis-Bacon Act itself, Congress added Davis-Bacon prevailing wage provisions to approximately 60 laws—"related Acts"—under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance. (Examples of the related Acts are the Federal-Aid Highway Acts and the Housing and Community Development Act of 1974.) Generally, the application of prevailing wage requirements to projects receiving federal assistance under any particular "related" Act depends on the provisions of that law.
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Guidance
The Davis-Bacon Act is specific only to those contracts to which the United States is a party. Issuing a financial assistance award to a recipient who then issues a contract for construction does not make the United States a party to that contract, and as such the Davis-Bacon Act does not directly apply. For this reason, Congress has had to specifically incorporate Davis-Bacon applicability into about 60 other statutes in order to make the law applicable in circumstances where the Federal government assists construction projects through the provision of grants, loans, loan guarantees, and insurance.
For grants and cooperative agreements, the Davis-Bacon Act only applies to "Related Acts", i.e., those that specifically incorporate the requirement in the program's authorizing statute/legislation. For example, the American Recovery and Reinvestment Act (ARRA) incorporated the requirements of the Davis-Bacon Act. See the U.S. Department of Labor's website at http://www.dol.gov/whd/programs/dbra/whatdbra.htm for more information.
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 43 CFR Parts 12.76 Procurement, 12.948 Contract provisions and Appendix A to Subpart F—Contract Provisions 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.
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