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.

Authority/Legal Basis

1. Laws

   • Title 23 U.S.C. 113 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).
   • Title 40 U.S.C. 276(a) links to the 1931 Davis-Bacon Act.
   • Title 40 U.S.C. 276(c) links to the Copeland Act (commonly known as the "anti-kickback act").

2. Regulations

   • US Department of Labor's regulations for Davis-Bacon

     • Title 29 C.F.R. Part 1
     • Title 29 C.F.R. Part 3
     • Title 29 C.F.R. Part 5

   • FHWA Regulations Incorporating Prevailing Wage Requirements

     • Title 23 C.F.R. 635.117(f) provides the FHWA's regulatory reference that requires the inclusion of Davis-Bacon prevailing wage rates on Federal-aid projects.
     • Title 23 C.F.R. 635.309(f) 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.

3. Orders

   • None

4. Policy

   • The Section II.A.4 of the FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance for Davis-Bacon requirements.
   • The Section II.A.5 of the FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance for the weekly payroll statement and certification.

5. Policy Memorandums

   • Headquarters Memorandum dated June 24, 2008; Subject: Applicability of Prevailing Wage Rate Requirements to Federal-aid Construction Projects
   • Headquarters Memorandum dated May 15, 1985; Subject: Utility and Railwork - Wage Rate and EEO Requirements
   • Headquarters memorandum dated May 24, 1995, Subject: Wage Rate Amendment, 10-Day Rule
   • Headquarters memorandum dated October 3, 1991, Subject: Application of Davis-Bacon Act to Truck Drivers, Midway Decision
   • Headquarters memorandum dated December 24, 1991, Subject: Davis-Bacon Act, Midway Decision, Supplemental Information
   • Headquarters Memorandum dated April 13, 1998, Subject: Guidance for Department of Labor Semi-annual Enforcement Reports
   • Headquarters Letter dated April 17, 2000; Letter to the US DOL concerning the applicability of Davis-Bacon to non-Federally funded construction contracts
   • Headquarters Memorandum dated August 7, 1996: Subject: Electronic Submission of Weekly Payroll Records
   • U.S. Department of Labor's letter dated November 12, 2004: Subject: Electronic Signatures and the Copeland Act.
   • U.S. Department of Labor's letter dated August 8, 2006: Subject: Emergency Relief Debris Removal and Davis-Bacon Applicability

Guidance

1. General Information

   • See the links above for the FHWA Contract Administration Core Curriculum Manual

2. Other References

   • Davis-Bacon Prevailing Wage Rates - U.S. Government Printing Office
   • 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
   • FHWA Form FHWA-1494, Semi-Annual Labor Compliance
   • US Department of Labor Form WH-1321 (English) (.pdf)
   • US Department of Labor Form WH-1321 (Spanish) (.pdf)

3. Training

   • FHWA Contract Administration Core Curriculum (Course Description)
   • Federal Publications Seminars: "A Practical Guide To The Davis-Bacon Act"