Accounting for use of federal funds under the American Reinvestment and Recovery Act:
http://www.rurdev.usda.gov/mi/cp/Davis-Bacon%20checklist%20final.pdf
American Recovery and Reinvestment Act Davis-Bacon Compliance Checklist
Project: __________________________________________________________________
American Recovery and Reinvestment Act funds used for a transaction that involves a new
construction or repair contract, exceeding $2,000, must comply with the prevailing wage
requirements of the Davis-Bacon and Related Acts requirements. This checklist has been
created to provide an overview of the requirements established by the Davis-Bacon and Related
Acts requirements as prescribed in RD Instruction 1940-C. This checklist does not substitute for
the detailed provisions in RD Instruction 1940-C or the Department of Labor requirements for
implementing Davis-Bacon and Related Acts requirements.
As noted in this checklist, the Contracting Officer (CO) is responsible for ensuring that Davis-
Bacon and Related Acts requirements are met. The person designated to perform the duties of
the CO varies by program. The Administrative Notice identifies the individual or firm responsible
as CO for these requirements. The RD Official shall insert the date that each requirement is
completed.
Applicable requirements are listed below.
Before awarding a construction or repair contract.
_______
(date)
Informing the Applicant and Reviewing the Contract:
When application is made
to the Agency or a guaranteed lender for assistance involving construction, the
Agency or approved lender must inform the applicant that wages paid for labor must
not be less than the prevailing wages determined by the Secretary of Labor (RD
Instruction 1940-C (1940.106(b))). The Agency must review the contract to ensure
that it contains the language provided in RD Instruction 1940.105(a) and the DOL
website language (see below).
_______
(date)
Wage Determination:
Before bidding, the CO shall download the applicable
Department of Labor (DOL) Davis-Bacon Wage Determination for the work from the
DOL website at
http://www.wdol.gov/dba.aspx#0
Once on the selection page, the CO
chooses the state, county, and Construction Type. Construction Type choices are
“All Construction Types”, “Building” (public buildings), “Heavy”, “Highway”, or
“Residential”. Click on “Search”. The CO then scrolls to the bottom, and clicks on
“Printer Friendly Version”. The CO then clicks on “File”, “Print”, and inserts the
wage determinations into the contract documents.
_______
(date)
Information for Bidders:
Information provided to any and all bidders shall include
the statement “The contractor must comply with the minimum rates for wages for
laborers and mechanics as determined by the Secretary of Labor in accordance
with the provisions of the Davis-Bacon and Related Acts.” The CO shall verify this
and include a copy of the Wage Determination in the bid information.
_______
(date)
Construction Contract Provisions:
All construction and repair contracts
exceeding $2000 must include the statement “The contractor must comply with the
minimum rates for wages for laborers and mechanics as determined by the
Secretary of Labor in accordance with the provisions of the Davis-Bacon and
Related Acts.” In addition, labor standards provisions from 29 CFR 5.5(a) must be
included in every contract. See
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_5/toc.htm
.
(The DOL website includes updated information which meets the requirements of
RD Instruction 1940.105(b)).
American Recovery and Reinvestment Act Davis-Bacon Compliance Checklist
After awarding a construction contract and before construction starts
.
_______
(date)
Pre-Construction Conference:
The CO and other project participants will have a
Pre-Construction Conference to discuss the following items. (See
requirements of RD Instruction 1940.106(d).)
•
The CO, inspectors, or applicant may monitor contractor’s adherence to the
Davis-Bacon and Related Acts requirements at any time.
•
Non-compliance with the Davis-Bacon and Related Acts requirements may
result in termination of the contract and debarment of the contractor.
•
Enforcement of non-compliance with the Davis-Bacon and Related Acts
requirements may result in penalties
•
Although the Agency and owner has the right to perform employee
interviews, typically information can be confirmed by reviewing progress
reports and contractor’s typical payroll records.
•
The contractor shall maintain posted on site a copy of the Davis-Bacon and
Related Acts poster (form WH-1321) and a copy of the wage determination.
The poster is available at:
http://www.dol.gov/esa/whd/regs/compliance/posters/davis.htm
, with a Spanish
version available at
http://www.dol.gov/esa/whd/regs/compliance/posters/davisspan.htm
. (The wage
determination should have been provided to the contractor as a part of the
bid package and the contract.)
During Construction (Monitoring)
_______
(date)
Certification of Compliance:
Contractor and subcontractors must provide
certification of compliance with the Davis-Bacon and Related Acts to the CO /
approved lender, as well as copies of payroll records for the period during which the
work was performed. (See RD Instruction 1940-C (1940.106(e)(1))).
_______
(date)
Determination of Non-compliance:
The project inspector or CO, on determining
that the contractor is not in compliance, will notify the appropriate parties, including
the Agency and approved lender (if applicable) who will then contact the State
Director for advice and further instructions. (Additional information on actions to be
taken is available in RD Instruction 1940-C (1940.106(e)(2) and (3), and
1940.106(f)).)
_______
(date)
Semiannual Report
. RD field offices or approved lenders will submit to the State
Director Form RD 440-29, “Semiannual Labor Compliance Report,” for projects
requiring compliance with the Davis-Bacon and Related Acts for the periods
established in RD Instruction 1940-C (1940.107(a)). (October through March, and
April through September)
_______
(date)
Consolidated Report
. RD State Offices will consolidate all reports received from
field offices and approved lenders, and forward copies to the Administrator no later
than April 30 and October 31. (See RD Instruction 1940-C (1940.107(b)).)
American Recovery and Reinvestment Act Davis-Bacon Compliance Checklist
After Construction
_______
(date)
Recordkeeping
. The Agency official or approved lender responsible for the project
will preserve all payrolls and certifications for a period of 3 years from the date of
final payment on the contract. (See RD Instruction 1940-C (1940.108).)
___________________________ __________
Contracting Officer date
