This information applies to:
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
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 statue/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.
Frequently Asked Questions
When should a notice of award include the Davis-Bacon Act provision?
A notice of award should only include the Davis-Bacon Act provision when the funding program's authorizing legislation specifically incorporates the requirements of the Davis-Bacon Act.
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.
For Service Personnel: See DOI Solicitor's Office Opinions related to the Davis-Bacon Act here. (Requires appropriate login permission).
References
[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>.
