Davis-Bacon Overview — States Have Requested More Information About the Requirements Under the Davis-Bacon and Related Acts

Summary

A Department of Education overview of Davis-Bacon requirements for States responding to questions about construction using federal education funds. The text says the Department of Labor enforces the law and that prevailing wage requirements apply under 20 USC 1232b to construction, repair or alteration contracts over $2,000 using laborers and mechanics financed by federal education funds. Local educational agencies must include the contract clauses in 29 CFR 5.5, keep contractors' certified payroll records and submit them to the State. States must monitor subgrantees, collect those records and tell their program officer of suspected wage violations. No date is printed.

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                                               DAVIS-BACON OVERVIEW
REQUIREMENT
States have requested more information about the requirements under the Davis-Bacon and Related Acts. Davis-Bacon
is enforced by the Department of Labor. The Department of Labor has issued several resources including Fact Sheet #66:
The Davis-Bacon and Related Acts (DBRA) | U.S. Department of Labor (dol.gov).

As a result of 20 USC 1232b Labor Standards (https://www.govinfo.gov/app/details/USCODE-2019-title20/USCODE-
2019-title20-chap31-subchapIII-part2-sec1232b), which is considered a Related Act, Davis-Bacon prevailing wage
requirements apply to any construction, repair, or alteration (including painting) contracts over $2,000 using laborers
and mechanics financed by Federal education funds. Davis-Bacon and Related Acts | U.S. Department of Labor (dol.gov).

LOCAL EDUCATIONAL AGENCY (LEA) RESPONSIBLITIES
An LEA that is using Federal education funds to support a construction project must include all applicable contract
clauses found in 29 CFR 5.5. The LEAs must also maintain contractor certified payroll records and submit these records
to the State.

STATE RESPONSIBILITIES
As the grantee, it is the State’s responsibility to monitor subgrantees including LEAs for Davis-Bacon compliance. The
State must collect from the LEA and monitor the contractor’s certified payroll records. The State must make sure
subgrantees are meeting all applicable requirements that are detailed in 34 CFR §§ 75.600-75.618, as well as in OMB
Standard Forms 424B and D (Assurances for Non Construction and Construction Programs), including the assurances
relating to labor standards; flood hazards; historic preservation; health and safety; energy conservation; and coastal
barrier resources.

The U.S. Department of Labor explains that:

        Under Reorganization Plan No. 14 of 1950, (5 U.S.C.A. Appendix), the Federal contracting or assistance-
        administering agencies have day-to-day responsibility for administration and enforcement of the Davis-Bacon
        labor standards provisions and, in order to promote consistent and effective enforcement, the Department of
        Labor has regulatory and oversight authority, including the authority to investigate compliance.

See Fact Sheet #66: The Davis-Bacon and Related Acts (DBRA) | U.S. Department of Labor (dol.gov)

The U.S. Department of Labor (DOL) determines and publishes Davis-Bacon wage rates for the various localities across
the country. These wage determinations are available on the sam.gov website, along with an overview of how to find
and select wage determinations. If you need additional information about the prevailing wages in your community, you
should contact the DOL regional office serving your district. A list of the regional offices with contact information can be
found at the following website: Branch of Construction Wage Determinations | U.S. Department of Labor (dol.gov).

If you or anyone have questions or suspect there has been a wage violation, please contact the U.S. Department of
Labor at 1-866-4-US-WAGE (1-866-487-9243). Also, if a State suspects that there has been a wage violation, the State
must contact its program officer by emailing the State mailbox [State].oese@ed.gov.


ADDITIONAL INFORMATION
Prevailing Wages Resource Book: https://www.dol.gov/agencies/whd/government-contracts/prevailing-wage-resource-
book

Department of Labor’s list of presentations:
https://www.dol.gov/agencies/whd/government-contracts/construction/presentations


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