Davis-Bacon Act Compliance Policy

Policy Title Davis-Bacon Act Compliance Policy (PDF)
Policy Category Academic and Research Policies
Policy Approval Date March 26, 2019
Policies Superseded None
Responsible Office Provost
Related Policies None
Frequency of Review 3 Years
Date of Revision     

I. Scope

This Davis-Bacon Act (“DBA”) Compliance Policy (“Policy”) applies to all faculty, staff, and other individuals who purchase contractor and subcontractor services that are being performed on federally funded contracts in excess of $2,000.

II. Policy Statement

The purpose of this Policy is to ensure compliance with the Federal regulation DBA codified as 40 U.S.C. 3141-3148.  

III. Policy

  • Under the provisions of the DBA, contractors and subcontractors must pay their laborers and mechanics directly employed upon the site of the work no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. This Policy includes contractors and subcontractors performing on federally funded contracts in excess of $2,000 for construction, alterations, repairs (including painting and decorating) and also, including craft positions such as plumber, carpenter, cement mason/concrete finisher, electrician, insulator, laborer, lather, painter, power equipment operator, roofer, sheet metal worker, truck driver, and welder.

The following information must be included in all applicable DBA contracts:

  1. Local Prevailing Wage Rates and Benefits - service employees paid under the federal funded contract must receive salary rates and benefits which conform to the U.S. Department of Labor's determination of local prevailing wages and benefits for the same employee class.
  2. Enforcement - the U.S. Department of Labor has enforcement powers, including debarment, to correct contractor violations. Please view the Department of Labor’s websites http://www.dol.gov/whd/contracts/dbra.htm and http://www.wdol.gov/faqs.aspx for all pertinent information related to compliance with labor standards.
  3. If the United States or the District of Columbia is a party for the construction, alteration, and/or repair (including painting or decorating) of public buildings or public works, the contract shall contain a clause setting forth the minimum wages to be paid to various classes of laborers and mechanics employed under the contract.
  4. Recordkeeping - records must be kept for three years and are subject to investigation by the U.S. Department of Labor.
  5. Health and Safety - working conditions must meet health and safety standards under 29 CFR Part 1925.
  6. Pay Period - service employees under the contract must be paid at least on a weekly basis.
  7. Premium Overtime - service employees under the contract are required to be paid premium overtime at 1.5 times salary after 40 hours of work per week.
  8. Wage Offset for Benefits - employees who are ineligible for health insurance must be furnished with equivalent benefits or cash equivalent. Average health and welfare benefits must equal the U.S. Department of Labor's determination of fringe benefit costs. Information on such prevailing wage and benefit rates must be supplied to employees.
  9. Minimum Wages - in the absence of a wage determination for certain classes of employees, those employees may not be paid less than the minimum wage established under the Fair Labor Standards Act.

 

IV. Procedures

An executed Social Responsibility Affidavit and Disclosure Form, attached hereto as Exhibit A, must be signed by the prime contractor and submitted for approval to the Finance/Purchasing Department prior to performing on-campus renovations/repairs that exceed $2,000 per year for each federal funded construction contract.

The Social Responsibility Affidavit and Disclosure Form must contain a certification from the contractor that they have read and understood the DBA and that the contractor is paying the appropriate wage rate for compliance with the DBA and in conformance with the U.S. Department of Labor regulations at 29 CFR Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction) and 29 CFR Part 3 (Contractors and Subcontractors on Work Financed in Whole or in Part by Grants from the United States).

V. Effective Date

This Policy is effective on the date that it is signed by the President

VI. Date of Approval

March 26, 2019