Davis- Bacon and some additional 60
related laws require contractors to pay
prevailing wages on federally funded
projects. Davis-Bacon is triggered on
contracts over $2,000 and establishes
minimum wage rates for construction work
by category. Workers must be paid based
on the type of work performed i.e.
Laborers, Cement Mason, Carpenter, etc.
The American
Recovery and Reinvestment Act of 2009
(ARRA)
was signed by President Obama on
February 17, 2009. This Act authorized
federal funds to be used to help fund a
variety of construction and
infrastructure projects. Everything from
roads to housing, water projects to
education and agriculture was included.
ARRA had two specific provisions which
impact contractors.
The first is the requirement that
prevailing wages (Davis-Bacon rates) be
paid on all such projects.
Secondly, the recipient agencies are
required to track and report the number
of newly created and retained jobs by
the ARRA funding.
In addition to reviewing certified
payroll, the agency must:
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Check contractor status
federally
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Post required Davis-Bacon and
ARRA Whistleblower forms (see
FORMS
page)
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Verify apprenticeship status
through Bureau of Apprenticeship
training (BAT)
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Conduct periodic onsite job
walks and interviews
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Track ARRA hours from
contractors to assist agency in
the quarterly required reports
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Collect and review I-9 forms for
all workers
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Collect and review collective
bargaining agreements to verify
proper benefits paid
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Verify overtime is paid for all
hours worked over 40 hours per
week (Contract Work Hours and
Safety Standards Act (CWHSSA)
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Check any applicable state
prevailing wage requirements
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Additional "Buy American" and
financial disclosure provisions
also apply
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