HomeMy WebLinkAboutDavis-Bacon Act10/28/2015 U.S. Department of Labor -Wage and Hour Division (WHD) - Davis -Bacon Act
United States D'p.artment of Laf•
Wage • Hour Division
The Davis -Bacon Act, as Amended
WH Publication 1246
(Revised April 2009) (PDF)
PUBLIC LAW 107 -217 -AUG. 21, 2002 [as amended ]
AN ACT
To revise, codify, and enact without substantive change certain general and permanent laws, related to public
buildings, property, and works, as title 40, United States Code, "Public Buildings, Property, and Works".
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,
SECTION 1. TITLE 40, UNITED STATES CODE.
Certain general and permanent laws of the United States, related to public buildings, property, and works, are
revised, codified, and enacted as title 40, United States Code, "Public Buildings, Property, and Works", as follows:
SUBTITLE II -PUBLIC BUILDINGS AND WORKS
PART A -GENERAL
CHAPTER 31 - GENERAL
SUBCHAPTER IV - WAGE RATE REQUIREMENTS
Sec. 3141. Definitions
In this subchapter, the following definitions apply:
is (1) Federal government.- The term "Federal Government" has the same meaning that the term "United
States" had in the Act of March 3, 1931 (ch. 411, 46 Stat. 1494) (known as the Davis -Bacon Act).2
■ (2) Wages, scale of wages, wage rates, minimum wages, and prevailing wages.- The terms "wages", "scale of
wages", "wage rates", "minimum wages", and "prevailing wages" include-
■ (A) the basic hourly rate of pay; and
■ (B) for medical or hospital care, pensions on retirement or death, compensation for injuries or illness
resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment
benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday
pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe
benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law
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to provide any of those benefits, the amount of -
(i) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third
person under a fund, plan, or program; and
(ii) the rate of costs to the contractor or subcontractor that may be reasonably anticipated in providing
benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially
responsible plan or program which was communicated in writing to the laborers and mechanics affected.
Sec. 3142. Rake of wages for laborers and mechanics
(a) Application.- The advertised specifications for every contract in excess of $2,000, to which the Federal
Government or the District of Columbia is a party, for construction, alteration, or repair, including painting and
decorating, of public buildings and public works of the Government or the District of Columbia that are located
in a State or the District of Columbia and which requires or involves the employment of mechanics or laborers
shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics.
■ (b) Based on Prevailing Wage.- The minimum wages shall be based on the wages the Secretary of Labor
determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of
a character similar to the contract work in the civil subdivision of the State in which the work is to be
performed, or in the District of Columbia if the work is to be performed there.
(c) Stipulations Required in Contract.- Every contract based upon the specifications referred to in subsection
(a) must contain stipulations that -
(1) the contractor or subcontractor shall pay all mechanics and laborers employed directly on the site of the
work, unconditionally and at least once a week, and without subsequent deduction or rebate on any
account, the full amounts accrued at time of payment, computed at wage rates not less than those stated
in the advertised specifications, regardless of any contractual relationship which may be alleged to exist
between the contractor or subcontractor and the laborers and mechanics;
® (2) the contractor will post the scale of wages to be paid in a prominent and easily accessible place at the
site of the work; and
(3) there may be withheld from the contractor so much of accrued payments as the contracting officer
considers necessary to pay to laborers and mechanics employed by the contractor or any subcontractor on
the work the difference between the rates of wages required by the contract to be paid laborers and
mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to
the contractor or subcontractors or their agents.
(d) Discharge of Obligation.- The obligation of a contractor or subcontractor to make payment in accordance
with the prevailing wage determinations of the Secretary of Labor, under this subchapter and other laws
incorporating this subchapter by reference, may be discharged by making payments in cash, by making
contributions described in section 31.41(2)(B)(i) of this title, by assuming an enforceable commitment to bear
the costs of a plan or program referred to in section 3141(2)(B)(ii) of this title, or by any combination of
payment, contribution, and assumption, where the aggregate of the payments, contributions, and costs is not
less than the basic hourly rate of pay plus the amount referred to in section 3141(2)(B) of this title.
(e) Overtime Pay.- in determining the overtime pay to which a laborer or mechanic is entitled under any
federal law, the regular or basic hourly rate of pay (or other alternative rate on which premium rate of
overtime compensation is computed) of the laborer or mechanic is deemed to be the rate computed under
section 3141(2)(A) of this title, except that where the amount of payments, contributions, or costs incurred
with respect to the laborer or mechanic exceeds the applicable prevailing wage, the regular or basic hourly
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rate of pay (or other alternative rate) is the amount of payments, contributions, or costs actually incurred with
respect to the laborer or mechanic minus the greater of the amount of contributions or costs of the types
described in section 3141(2)(6) of this title actually incurred with respect to the laborer or mechanic or the
amount determined under section 3141(2)(B) of this title but not actually paid.
Sec. 3143. Termination of work on failure to pay agreed wages
Every contract within the scope of this subchapter shall contain a provision that if the contracting officer finds
that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work
covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the
contract to be paid, the Federal Government by written notice to the contractor may terminate the contractor's
right to proceed with the work or the part of the work as to which there has been a failure to pay the required
wages. The Government may have the work completed, by contract or otherwise, and the contractor and the
contractor's sureties shall be liable to the Government for any excess costs the Government incurs.
Sec. 3144. Authority of Comptroller General to pay wages and list contractors violating contracts
■ (a) Payment of Wages. -
(1) In general.- The Comptroller General shall pay directly to laborers and mechanics from any accrued
payments withheld under the terms of a contract any wages found to be due laborers and mechanics under
this subchapter.
(2) Right of action.- If the accrued payments withheld under the terms of the contract are insufficient to
reimburse all the laborers and mechanics who have not been paid the Wages required under this
subchapter, the laborers and mechanics have the same right to bring a civil action and intervene against
the contractor and the contractor's sureties as is conferred by law on persons furnishing labor or materials.
In those proceedings it is not a defense that the laborers and mechanics accepted or agreed to accept less
than the required rate of wages or voluntarily made refunds.
■ (b) List of Contractors Violating Contracts. -
(1) In general.- The Comptroller General shall distribute to all departments of the Federal Government a list
of the names of persons whom the Comptroller General has found to have disregarded their obligations to
employees and subcontractors.
■ (2) Restriction on awarding contracts.- No contract shall be awarded to persons appearing on the list or to
any firm, corporation, partnership, or association in which the persons have an interest until three years
have elapsed from the date of publication of the list.
Sec. 3146. Effect on other federal laws
This subchapter does not supersede or impair any authority otherwise granted by federal law to provide for the
establishment of specific wage rates.
Sec. 3147. Suspension of this subchapter during a national emergency
The President may suspend the provisions of this subchapter during a national emergency.
Sec. 3148. Application of this subchapter to certain contracts
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This subchapter applies to a contract authorized by law that is made without regard to section 3709 of the
Revised Statutes (41 U.S.C. 5), or on a cost -plus -a -fixed -fee basis or otherwise without advertising for proposals,
if this subchapter otherwise would apply to the contract.
1. Pub. L. 109-284 Sec. 6(11), (12), and (13) made three minor technical corrections in Secs 3141(1), and
3142(d) and (e). (Sept. 27, 2006, 120 Stat.1213.)
. The Davis -Bacon Act, referred to in par. (1), is act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which
was classified generally to sections 276a to 276a-5 of former Title 40, Public Buildings, Property, and Works, and
was repealed and reenacted as sections 3141-3144, 3146, and 3147 of this title by Pub. L. 107-217, Secs. 1,
6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.
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10/28/2015 24 CFR 968.110- Other program requirements. ents. I US Law ILII / Legal Information Institute
CFR eCFR
prev I next
In addition to the Federal requirements set forth in 24 CFR part 5, the PHA shall comply
with the following program requirements:
(a) Nondiscrimination and equal opportunity. The PHA shall comply with Title II of
the Americans with Disabilities Act and 28 CFR part 35-1 section 504 of the Rehabilitation
Act of 1973 and 41 CFR part 60-471; and the Architectural Barriers Act of 1968 (42
U.S.C, 4151-4157) and 24 CFR part 40,
(c) Environmental clearance. Before approving a proposed project, HUD will comply
with the requirements of 24 CFR part50, implementing the National Environmental Policy
Act of 1969 (42 U.S.04332 et seq.) and related requirements of 24 CFR50.4.
(d) Flood insurance. HUD will not approve for acquisition, construction, or
improvement, a building located in an area that has been identified by the Federal
Emergency Management Agency as having special flood hazards, unless the following
conditions are met:
(1) Flood insurance on the building is obtained in compliance with section 102(a) of
the Flood Disaster Protection Act of 1973 (42 U.S.C, 4001 et seand
(2) The community in which the area is situated is participating in the National Floo
Insurance Program in accord with 44 CFR parts 59-79, or less than one year has pass
;wince FEIVIA notification regarding flood hazards.
(1) Davis -Bacon. With respect to modernization work or contracts over $2,000
(except for nonroutine maintenance work), all laborers and mechanics (other than
volunteers under the conditions set out in 24 CFR part 70) who are employed by the
PHA or its contractors shall be paid not less than the wages prevailing in the locality, as
predetermined by the Secretary of Labor pursuant to the Davis -Bacon Act (A�Q U,S.0
276a -276a-5).
(2) HUD -determined. With respect to all nonroutine maintenance work or contracts,
all laborers and mechanics (other than volunteers under the conditions set out in 24
CFR part 70) who are employed by the PHA or its contractors shall be paid not less thar
the wages prevailing in the locality, as determined or adopted by HUD pursuant to
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(3) State. Prevailing wage rates determined under State law are inapplicable und
the circumstances set forth in § 265101of this chapter. I
(f) Technical wage rates. All architects, technical engineers, -draftsmen and
technicians (other than volunteers under the conditions set out in 24 CFR part 70) who
are employed in the development of a project shall be paid not less than the wages
prevailing in the locality, as determined or adopted (subsequent to a determination under
applicable State or local law) by HUD.
(k) Lead-based paint poisoning prevention. The PHA shall comply with the relevani
requirements of the Lead -Based Paint Poisoning Prevention Act (A2 U.S.C. 4821-4846),
the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42_Q.S.C. 4851-4856),
and implementing regulations at part 35, subparts A, B, L, and R of this title.
(m) Coastal barriers. In accordance with the Coastal Barriers Resources Act, 16 U.S.C,
3501, no financial assistance under this part may be made available within the Coastal
Barrier Resources System,
[54 FR 52689, Dec. 21, 1989, as amended at 56 FR 922, Jan. 9, 1991; 56 FR 15175, Apr.
15, 1991; 57 FR 5573, Feb. 14, 1992; 57 FR 14761, Apr. 22, 1992; 58 FR 13932, Mar,
15, 1993; 61 FR 5216, Feb. 91 1996; �6l FR 8738, Mar. 5, 1996; 64 FR 33637, June 23,
1999; 64 FR 50229, Sept. 15, 1999]
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