Legislative Affairs

ASBO International is working with the U.S. Department of Labor (DOL) to ensure school district leaders have the latest information and resources to comply with Davis-Bacon Act requirements, especially as school systems consider using ESSER funds to carry out construction projects around the country.

DOL cautions districts that when using ESSER funds for an HVAC or other construction project, procurement officials must include the 29 CFR 5.5 Davis-Bacon Labor Standards Clauses in their solicitations and prime contracts. Districts must not only include a Davis-Bacon wage determination in their solicitation, but also attach a copy of the active wage determination in the final executed contract. If they fail to do this, they will need to retroactively modify their prime contract agreements to include the required clauses and the applicable wage determination to ensure compliance. 

DOL has shared with us several resources that may be of interest to school business professionals:

• Davis-Bacon Act Fact Sheet (attached)
•  29 CFR 5.5 Labor Standards Clauses PDF (attached)
• WH-347 Certified Payroll Reporting Form PDF (attached)
• Citation regarding the use and effectiveness of wage determinations (below)
  •  29 CFR 1.6

(b) Contracting agencies are responsible for insuring that only the appropriate wage determination(s) are incorporated in bid solicitations and contract specifications and for designating specifically the work to which such wage determinations will apply. Any question regarding application of wage rate schedules shall be referred to the Administrator, who shall give foremost consideration to area practice in resolving the question.

(c) (2) (i) All actions modifying a project wage determination received by the agency before contract award (or the start of construction where there is no contract award) shall be effective except as follows:

(A) In the case of contracts entered into pursuant to competitive bidding procedures, modifications received by the agency less than 10 days before the opening of bids shall be effective unless the agency finds that there is not a reasonable time still available before bid opening, to notify bidders of the modification and a report of the finding is inserted in the contract file. A copy of such report shall be made available to the Administrator upon request. No such report shall be required if the modification is received after bid opening.

• Additional resources (below)
  • Prevailing Wage Resources – Guidance, Davis-Bacon Employee Rights Posters, and Fact Sheets. https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/resources
  • Presentations: Prevailing Wage Seminars (On-demand training videos and PowerPoint Presentations). https://www.dol.gov/agencies/whd/government-contracts/construction/presentations
  • Looking up Davis-Bacon Wage Determinations on SAM.gov: https://sam.gov/content/wage-determinations
  • Department of Labor – Wage and Hour Division – Local Offices Directory https://www.dol.gov/agencies/whd/contact/local-offices

Attachment(s)

29 CFR 5.5 (up to date as of 2-13-2023).pdf   87 KB 1 version

Fact Sheet -66 - The Davis-Bacon Act - 2022.pdf   165 KB 1 version

WH-347 - Certified Payroll Reporting Form.pdf   494 KB 1 version

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) is holding a virtual Davis-Bacon Prevailing Wage seminar this week, March 8, from 1:30 - 3:30 PM (ET). The seminar is free and will answer frequently asked questions about the Davis-Bacon Act to help employers ensure compliance with the law.

REGISTER HERE.

In addition, DOL will hold two other FAQs seminars on the Davis-Bacon Act on June 27, from 1:30-3:30PM (ET) and on September 13, 1:30-3:30 PM (ET). These are all compliance trainings designed for regional stakeholders (e.g., unions, private contractors, local/state agencies, federal agencies, and workers). The seminars cover the following topics:

1.       Davis-Bacon Act and McNamara-O'Hara Service Contract Act<u5:p></u5:p>

2.       Executive Order 13495, "Nondisplacement of Qualified Workers"<u5:p></u5:p>

3.       Executive Order 13658, "Establishing a Minimum Wage for Contractors"<u5:p></u5:p>

4.       Executive Order 14026, "Increasing the Minimum Wage for Federal Contractors"<u5:p></u5:p>

5.       The process of obtaining wage determinations and adding classifications<u5:p></u5:p>

6.       Compliance assistance and enforcement processes<u5:p></u5:p>

7.       The process for appealing wage rates, coverage, and compliance determinations<u5:p></u5:p>

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For more information and compliance assistance resources on prevailing wages, please visit the Davis-Bacon and Related Acts webpage. If you have questions, please email WHD-PWS@dol.gov. <u5:p></u5:p>