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The Davis-Bacon Act establishes minimum wage requirements for various classes of laborers and mechanics on certain contracts. Anchor top top
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All grants and cooperative agreements. |
Definition
According to the U.S. Department of Labor's Employment Law Guide, the Davis-Bacon act "requires that all contractors and subcontractors performing on federal contracts (and contractors or subcontractors performing on federally assisted contracts under the related Acts) in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits listed in the contract’s Davis-Bacon wage determination for corresponding classes of laborers and mechanics employed on similar projects in the area."[1]
Guidance
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Overview
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The Davis-Bacon Act (40 U.S.C. §§3141-3148) requires that certain Federal contracts include a provision stating the minimum wages to be paid to various classes of labors and mechanics. In addition to the Davis-Bacon Act, Congress has identified in regulation 59 other Federal statutes that assist construction projects through grants, loans, loan guarantees, and insurance that are also subject to prevailing wage requirements ("Related Acts"). The Secretary of Labor is responsible for coordinating the administration and enforcement of the labor standards provisions of the Davis-Bacon Act and Related Acts. Federal agencies responsible for the administration of these Acts must follow the requirements in the Department of Labor regulations at Title 29 C.F.R. Part 5. Federal agencies would also follow these requirements when responsible for administration of any other statute that specifically incorporates prevailing wage or other labor standards requirements. An example of such a statute is the now expired For grants and cooperative agreements, Davis-Bacon Act only applies to "Related Acts", i.e., those that specifically incorporate the requirement in the program's authorizing statue/legislation. For example, the American Recovery and Reinvestment Act (ARRA) incorporated the requirements of ) (Public Law 111–5), which made recipients of support under ARRA subject to the Davis-Bacon Actprevailing wage requirements for laborers and mechanics employed in the performance of ARRA-funded projects. See the U.S. Department of Labor's Labor’s website at http://www.dol.gov/whd/programs/dbra/whatdbra.htm for 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.
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FWS does not incorporate Davis-Bacon or related labor standard provisions in FWS financial assistance awards unless required by Federal program legislation. When required, FWS will incorporate into related Notices of Award the applicable provisions from Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.
Frequently Asked Questions
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When should a notice of award include the Davis-Bacon Act provision?
FWS will incorporate into a notice in notices of of award if the funding program's authorizing does not specifically incorporate the requirements of the Davis-Bacon Act.
Frequently Asked Questions
Learning Aids
Related Pages
Resources
The Davis Bacon Act, as Amended. WH Publication 1246. (Revised April 2009). Online: http://www.dol.gov/whd/regs/statutes/dbra.htm.
References
1. U.S. Department of Labor "Federal Contracts-Working Conditions: Prevailing Wages in Construction Contracts".Employment Law Guide. 2009. Web. 17 July 2014. <http://www.dol.gov/compliance/guide/dbra.htm>.
http://www.dol.gov/compliance/guide/dbra.htm
the Davis-Bacon and any other applicable provisions in Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards when required by Federal program legislation. Such requirements will be applicable as described in the program’s legislation.
Does the Davis-Bacon Act apply to Fish and Wildlife Service financial assistance programs?
The Davis-Bacon Act applies only when made applicable in Federal program legislation and as described in that legislation.
Does a contract under a Federal financial assistance award have to follow the Davis-Bacon Act?
The applicability of the Davis-Bacon Act or other labor standards requirements is determined by how those requirements are described in the program’s legislation. In some cases the requirements may apply to all laborers and mechanics employed in the performance of the projects funded under the project, and in other cases they may only apply to laborers and mechanics employed by the financial assistance recipient’s prime contractors or subcontractors. 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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Davis-Bacon Act (40 U.S.C. §§3141—3148)
U.S. Department of Labor’s website at http://www.dol.gov/whd/
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http://www.law.cornell.edu/uscode/text/40/subtitle-II/part-A/chapter-31/subchapter-IV
References
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