Davis Bacon Act Fact Sheet

Following is a Davis Bacon fact sheet of frequently asked questions for contractors and lay persons alike.

What is the Davis-Bacon Act (DBA)?

It is an Act requiring payment of locally prevailing wages, including fringe benefits to workers on federal government contracts that exceed the amount of $2,000 for construction, alteration, or repair of public buildings and work sites.

What are the DBA requirements?

– Contractors and subcontractors are required to pay workers prevailing wages and fringe benefits.

– Workers are to be paid weekly.

– Certified payrolls with original signature (DOL Form WH-347 is recommended) must be submitted the grantee weekly.

– Records of a project should be kept for three years following completion.

– Employers must post the WH-1321 poster at the site of the job.

How does the DBA apply to my project?

– Any project fully or partially funded by the American Recovery and Reinvestment Act funds is subject to DBA prevailing wage requirements even if the work is not on public property.

– DBA applies only to construction, alteration or repair work.

-Applies only to work done ON site, not off site or for time spent traveling to site.

– Applies to apprentices, trainees and volunteers doing work on site unless exempted by federal stature and taking part in a program approved or recognized by the U.S. Department of Labor.

– Does not apply to work done by state and local governmental employees because they are not contractors under DBA.

– Does not apply to routine or incidental work such as changing light bulbs. This should be determined on an individual basis each time.

What are Department of Labor Wage Determinations?

These determinations apply to work covered by DBA and are specific for the job classification, the county where the work is done and for the category of construction involved.

What is a Certified Payroll Form?

A payroll that is certified with an original signature, preferably in blue ink, on a weekly basis to the grantee who then gives it to the department within seven days.