Construction Program Guide
Davis-Bacon (Payment of Prevailing Wage Rates / Payroll Requirements)
The 1931 Davis-Bacon Act requires the payment of prevailing wage rates to all labors and mechanics on Federal or Federally assisted construction contracts. Overall program responsibilities are administered by the U.S. Department of Labor. Project specific responsibilities are administered by the contracting agency. Davis-Bacon Act requirements are implemented in various Federal assistance programs through the "related act" provisions in each agency's implementing statutes.
- 23 USC 113 Prevailing rate of wage (2011) provides the FHWA's statutory "related act" that implements Davis-Bacon provisions on Federal-aid highways. Note that the 1991 ISTEA changed the definition of a Federal-aid highway without changing the applicability requirements in 23 U.S.C. 113.
- Thus Davis-Bacon requirements are not applicable to highways functionally classified as local roads or rural minor collectors (see Mr. Anthony R. Kane's February 13, 1992 memorandum; Subject: ISTEA of 1991 - Construction and Maintenance Requirements).
- 40 USC 3145 the Copeland Act - Regulations governing contractors and subcontractors (2001)
- 40 USC 3141 1931 Davis-Bacon Act - Definitions (April, 2009)
- 40 USC 3145 the Copeland Act (08/21/2002) (commonly known as the "anti-kickback act")
FHWA's Regulations Incorporating Prevailing Wage Requirements
- 23 CFR 635.309 Authorization (2016) Section (g) provides the FHWA's regulatory reference that requires the inclusion of Davis-Bacon prevailing wage rates as a condition of the FHWA's construction authorization.
- 23 CFR 635.117 Labor and employment (04/01/2013) Subsection (f) provides the FHWA's regulatory reference that requires the inclusion of Davis-Bacon prevailing wage rates on Federal-aid projects.
- Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act (12/20/2000)
US Department of Labor's Regulations for Davis-Bacon
- 29 CFR 1 Procedures for Predetermination of Wage Rates (07/01/2013)
- 29 CFR 3 Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States (07/01/2013)
- 29 CFR 5 Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (07/01/2013)
- Section III.B.8.k.vi of the FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance for Davis-Bacon requirements.
- Section III.B.8.k.vi. of the FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance for the weekly payroll statement and certification.
- Emergency Relief (ER) Program Eligibility of Work Performed by the National Guard (04/05/2012)
- Applicability of Prevailing Wage Rate Requirements to Federal-aid Construction Projects (06/26/2008)
- Emergency Relief Debris Removal and Davis-Bacon Applicability (08/25/2006)
- Electronic Signatures and the Copeland Act (11/12/2004)
- Applicability of Davis-Bacon Wage Rates to Utility Relocation Work (08/09/2004)
- Employee Lease Agreements (07/05/2000)
- Applicability of Davis-Bacon Wage Rates to Non-Federally Funded Highway Construction Projects (04/17/2000)
- Guidance for Department of Labor Semi-annual Enforcement Reports (04/13/1998)
- Electronic Submission of Weekly Payroll Records (08/07/1996)
- Wage Rate Amendments, 10-day Rule, 29 CFR, Section 1.6(c) (3) (05/24/1995)
- Applicability of Davis-Bacon to Transportation Enhancement Projects (07/28/1994)
- Applicability of Davis-Bacon Wage Rates to Utility Work (04/21/1986)
- Utility and Railroad Work - Contract Requirements (09/18/1985) Wage Rate and EEO Requirements
- Utility and Railwork - Wage Rate and EEO Requirements (05/15/1985) Chief Counsel's determination that Davis-Bacon Wage Rates and EEO requirements are not applicable to utility-let and railroad-let contracts.
- FHWA Contract Administration Core Curriculum Manual
- FHWA Guidance Compliance Assessment Program (CAP) (April, 2017)
- Final PY 2018 Core Question Guide (04/27/2017)
- Davis-Bacon and Related Acts Questions and Answers (09/16/2014)
- Davis-Bacon General Wage Decisions (DBA WDs) - Wage Determinations On-Line
- Davis-Bacon - Frequently Asked Questions - U.S. Department of Labor
- U.S. Department of Labor Final Rule for the Site of the Work
- FHWA Form FHWA-1273, Required Contract Provisions, Section IV (.pdf, 0.2 mb)
- FHWA Form FHWA-1494, Semi-Annual Labor Compliance
- US Department of Labor Form WH-1321 (English)
- US Department of Labor Form WH-1321 (Spanish)
- FHWA Contract Administration Core Curriculum (Course Description (.pdf))
- USDOL Prevailing Wage Conferences - On-line training webinars