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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 American Recovery and Reinvestment Act (ARRA) (Public Law 111–5), which made recipients of support under ARRA subject to the Davis-Bacon prevailing wage requirements for laborers and mechanics employed in the performance of ARRA-funded projects. See the U.S. Department of Labor’s website at http://www.dol.gov/whd/programs/dbra/whatdbra.htm for more information.
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The Davis-Bacon Act applies only when made applicable in Federal program legislation and as described in that legislation. Currently FWS does not have any financial assistance programs with Davis-Bacon or other labor standards requirements in their program’s establishing or authorizing legislation.
Does a contract under a Federal financial assistance award have to follow the Davis-Bacon Act?
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