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Davis-Bacon Act

Also called: Davis-Bacon, DBA, Davis-Bacon and Related Acts, DBRA, certified payroll, WH-347

The Davis-Bacon Act requires contractors on federal and federally assisted construction contracts above a dollar threshold to pay laborers and mechanics at least the locally prevailing wages and fringe benefits the Department of Labor has determined for the type of work.

The statute is 40 U.S.C. 3141 to 3148, the FAR coverage is Part 22.4 with the clause at FAR 52.222-6, and the Department of Labor regulations are 29 CFR Parts 1, 3 and 5. The applicable wage determination is incorporated into the solicitation and found on SAM.gov. Contractors submit weekly certified payrolls (Form WH-347 or equivalent) to the contracting agency, keep records, and post the wage determination on site. The Related Acts extend the same rule to state and local projects funded with federal money, such as highway, housing and water work.

What to check: whether the solicitation includes a wage determination and which classifications it lists, how to request a conformance for a classification that is missing, the fringe rules for apprentices, and your payroll system's ability to produce certified payrolls. Underpayment is recovered from contract payments and can lead to debarment under 29 CFR 5.12.

What it is not: the Service Contract Act, which covers service employees, or the state prevailing wage law, which may apply at the same time with different rates.

See also: Prevailing wage and wage determinations, Service Contract Act (SCA), Performance and payment bonds, Price volume

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