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Q. Where do we send payrolls to FTA as required by the Davis–Bacon Clause in the BPPM?
A. We would ask the FTA Regional Office about the payroll records and then comply with their wishes. They may not want these records sent to them but merely maintained by your office for later review.
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Q. Can we use the BPPM DBA clause or the language in 29 CFR 5.5(a)? Must the clause be a stand-alone part of the contract? ?
A. It is acceptable to add the DBA clauses in an attachment to the contract as along as the contract clearly references the attachment.
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Q. How do we pay Holiday pay on Davis-Bacon, especially if we are already at 1 1/2 pay rate for over 40 hours before the holiday? ?
A. We would suggest you contact your regional Department of Labor office and explain the circumstances and obtain their interpretation. You can locate the regional DOL Davis Bacon office in your state at the following Internet address: http://www.dol.gov/esa/programs/dbra/regions.htm.
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Q. I need to know what the prevailing wage is for roofers if working on a V.A. hospital in Cheyenne, Wyoming. ?
A. Davis Bacon Wage Determinations are available free of charge on the Internet at the following address: http://www.access.gpo.gov/davisbacon/. You will be able to print the determinations you need for your location.
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Q. We are providing vegetation clearance and lawn mowing on a federally funded project. Are Davis Bacon wages in effect?
A. You should submit this question to the government contracting officer who is administering the federal prime contract under which you are working.
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Q. We are the Construction Manager / General Contractor on a project in Vermont and we understand that we need to comply with Davis Bacon. This is the first FTA funded project that we have worked on; we have worked on several HUD funded projects and have included with bid packages the 33 page HUD manual titled "Making Davis Bacon". It's a guide for bidders, telling them about prevailing wages requirements and the required reporting. Does FTA have a similar guide available?
A. FTA does not have a guide or manual for bidders regarding Davis Bacon Act requirements. The Department of Labor has a web page for workers and small businesses regarding employment/labor laws, and it offers assistance to the public. It is: http://www.dol.gov/elaws/. The DOL Davis Bacon web page, which also offers information to the public, is: http://www.dol.gov/esa/programs/dbra/index.htm.
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Q. Decisions list minimum values for "rates" and "fringes" by trade. Which if any of the following are included in the definition and which are not?
FICA tax - employees portion
FICA tax - employers portion
Medicare insurance
Federal unemployment tax
State disability Insurance
State unemployment insurance
Workers compensation insurance
A. The definition of “fringe benefits” below is taken from the U.S. Department of Labor web page at http://www.dol.gov/esa/programs/dbra/faqs/fringes.htm#Fringe. We reproduced it exactly as stated there. As you can see, payments required by federal, state or local law are not fringe benefits.
Fringe benefits are:
- Contributions irrevocably made to a trustee or third party pursuant to a bona fide fringe benefit fund plan or program.
- The rate of costs incurred in providing bona fide fringe benefits pursuant to an enforceable commitment to carry out a financially responsible plan or program, which was communicated to the employees in writing.
Examples:
- Life insurance
- Health insurance
- Pension
- Vacation
- Holidays
- Sick leave
- Other "bona fide" fringe benefits However, payments required by federal, state or local law are not fringe benefit contributions. Such payments required to fund Social Security, unemployment compensation and workers’ compensation programs, as required by law, do not count as fringe benefits.
Any question concerning what type of fringe benefits is "bona fide" should be referred to the Wage and Hour Division.
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Q. We are a professional corporation providing surveying services to a general contractor on a federal project. Do we have to submit certified payroll under the Davis Bacon Act?
A. Since surveying is classified as A&E services and not construction, as defined by the Davis-Bacon Act, we would not think the provisions of the Davis-Bacon Act would apply to your subcontract. The proper person, however, to ask this question of would be the contracting officer who is administering the federal prime contract under which you are employed by the general contractor.
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Q. I need rates for roofers and roof sheet metal workers on a hospital job - Brazoria County, Texas.
A. Davis Bacon Wage Determinations are available free of charge on the Internet at the following address: http://www.access.gpo.gov/davisbacon/. You will be able to print the determinations you need for your location.
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Q. We have two sub-contractors working for our prime who are one-person companies. The owners run trucks on our job. One makes an hourly rate of $45. The other does not pay himself weekly. Do we need Davis Bacon wages sheets from them? How to handle if not paid weekly. We are building a new transportation facility and have awarded the contract for the grading work.
A. We would suggest you contact your regional Department of Labor office and explain the circumstances and obtain their interpretation. You can locate the regional DOL Davis Bacon office in your state at the following Internet address: http://www.dol.gov/esa/programs/dbra/regions.htm.
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Q. Are owners exempt from wage/fringe rates?
A. The Contracting Officer who is administering the Federal contract should be able to answer your Davis Bacon questions as they apply to that specific contract. As a general rule, the Davis Bacon Act applies to laborers and mechanics who are employed directly at the site of the work. The terms "laborers" and "mechanics" are discussed in the Federal Acquisition Regulations (FAR), Part 22.401-Definitions. You may access the FAR online at: http://www.arnet.gov/far/loadmainre.html. Click on Part 22.4 and you will see in the FAR definitions that "laborers and mechanics" are those whose duties are manual or physical in nature, as distinguished from mental or managerial. Further they must be employed at the "site of the work." This term is also defined in this section by the FAR.
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Q. What factor(s) are used to determine if the construction of a structure requires the use of the "Building" wage rates as opposed to the "Heavy?" -- OR -- What is the definition of a "Building?"
There is much general electrical work in and around a construction site for a treatment facility. There is also a chlorine storage building. The building has no office or toilet facilities but does require the installation of some electrical wiring for lighting and leak detection monitoring. Will the "Building" or "Heavy" wage rates for electrician apply to the storage building?
A. We would suggest you contact your regional Department of Labor office and explain the circumstances and obtain their interpretation. You can locate the regional DOL Davis Bacon office in your state at the following Internet address: http://www.dol.gov/esa/programs/dbra/regions.htm.
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Q. What is the requirement for a third party access of retirement funds of Davis Bacon investments? Company has Third Party collecting monies from employee investments.
A. We would suggest you contact the Department of Labor. Their web site address is http://www.dol.gov/.
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Q. Are Davis Bacon Wage Rates applicable to renovations made to publicly funded group homes for adults with developmental disabilities? These homes are either detached, semi-detached, or row-homes which house 3 adults who receive SSI and who receive supports in activities of daily living. Generally, the renovations involved removal of architectural barriers and/or installation of wheelchair ramps.
A. We would suggest you contact your regional Department of Labor office and explain the work you will be doing. DOL administers this law and can advise you. You can locate the regional DOL Davis Bacon office in your state at the following Internet address: http://www.dol.gov/esa/programs/dbra/regions.htm.
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Q. We pay our employees every 2 weeks. Is there a way to report bi-weekly certified payroll -- WH-347 only allows for weekly. Are there any exceptions?
A. We would suggest you contact your regional Department of Labor office and explain the circumstances and obtain their interpretation as well. You can locate the regional DOL Davis Bacon office in your state at the following Internet address: http://www.dol.gov/esa/programs/dbra/regions.htm.
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Q. I work under the Davis Bacon Act at a base in Alabama. I do not receive benefits. They "buy" them from me on my check. Am I still entitled to vacation time off with no pay or am I giving up any time off?
A. We would suggest you contact your regional Department of Labor office and explain the circumstances and obtain their interpretation. You can locate the regional DOL Davis Bacon office in your state at the following Internet address: http://www.dol.gov/esa/programs/dbra/regions.htm
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Q. How do I find Davis-Bacon prevailing wage rates for the year 2000 - 2001?
A. We would suggest you contact your regional Department of Labor office to see if they have the historical rate information you need. You can locate the regional DOL Davis Bacon office in your state at the following Internet address: http://www.dol.gov/esa/programs/dbra/regions.htm.
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Q. We have been solicited by the US Coast Guard to bid on 4 fabric awnings for their base in Cape May, NJ. They did include a copy of the Davis Bacon wage rates for cape may county. However, there is no description for cutting, sewing, and basic laborer using hand tools for the actual on site installation.
We have done work for this same base almost every year and we never heard of the Davis Bacon wage rate act until now. I find this confusing. Any guidance would be much appreciated.
A. We would suggest you contact your regional Department of Labor office and explain the work you will be doing. DOL administers this law and can advise you. You can locate the regional DOL Davis Bacon office in your state at the following Internet address: http://www.dol.gov/esa/programs/dbra/regions.htm.
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Q. Where could I obtain a copy of the Davis Bacon Wage Determination for Baltimore, MD?
A. Davis Bacon Wage Determinations are available free of charge on the Internet at the following address: http://www.access.gpo.gov/davisbacon/. You will be able to print the determinations you need for your location.
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Q. What are the wage determination labor rates for Alabama & Tennessee # 94-2008?
A. Davis Bacon Wage Determinations are available free of charge on the Internet at the following address: http://www.access.gpo.gov/davisbacon/. You will be able to print the determinations you need for your location.
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Q. I am working for a contractor that is working under a government contract on a Military installation. We do minor construction and maintenance on all base facilities, and I was wondering if we are subject to the Davis-Bacon Act Wage Rates.
A. The U.S. Department of Labor is responsible for interpretation and enforcement of the Davis-Bacon Act. We would suggest you contact your regional Department of Labor office and explain the circumstances and obtain their interpretation. You can locate the regional DOL Davis-Bacon office in your state at the following Internet address: http://www.dol.gov/esa/programs/dbra/regions.htm.
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Q. How would my department go about processing payrolls from a "work force" company such as "Labor Finders?" Since there is not an actual sub-contractor, they are not required to have a sub-contract with us. A sub-contractor is using them to find them laborers. Whose payroll would they be attached to, or would the employees be posted on the payroll of the contractor hiring them?
A. We assume your question relates to the requirements of the Davis-Bacon Act. We would advise you to contact the U.S. Department of Labor, Southeast Regional Office in Atlanta, GA. The individual to call is Mr. John Bates at (404) 893-4520.
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Q. Can a third party submit pay stubs of an employee if that employee's or those employees' employer refuses to submit payroll and fringe data? And if so, how would you determine the true cost of those employees' benefits?
A. We would suggest you talk to your regional Department of Labor (DOL) representative for Davis Bacon wage information and compliance issues. The DOL online address for Davis-Bacon regional offices is http://www.dol.gov/esa/programs/dbra/regions.htm.
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Q. We have a General Contract with the State of Maryland, (Prevailing Wage-Davis Bacon Act). We have basically completed this building project, (Correctional Facility) and have solicited a professional cleaning service to perform cleaning of buildings. Does a service contract require paying the cleaning service prevailing wage rates to their employees?
A. We would suggest you contact the regional office of the Department of Labor that handles Davis-Bacon wage issues for your area. The contact point for the Northeast Region is Mr. Mark Watson in Philadelphia at 215-861-5830.
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Q. If a contract is awarded to an eligible Resident Owned Business for cleaning (to include minor repairs, such as touch up paint) public housing units, to make ready for move in of our public housing residents, to include cutting lawn in common areas and vacant units, and contract exceeds $2,000, does the davis bacon wage rate apply to this contract with Resident Owned Business?
A. The Davis Bacon Act applies only to construction work. It would not apply to cleaning or lawn maintenance of public housing units.
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Q. We are currently doing work on a prevailing wage project and I need a clarification on what constitutes Fringe Benefits. I have a rate of 10.11 for them and need to include for example a $2.00 an hour truck allowance, vacation etc.
A. We would suggest you talk to your regional Department of Labor (DOL) representative for Davis Bacon wage information. The person to speak with for the Mid-West Region is Mr. Steve Hill, in Chicago at 312-596-7220. The DOL online address for Davis-Bacon regional offices is http://www.dol.gov/esa/programs/dbra/regions.htm.
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Q. I am shop foreman of a sheetmetal company and we are about to start a Davis Bacon job (a firehouse). Am I and the shop apprentices eligible for the prevailing wages paid on the job when we fabricate materials for said job (i.e. ductwork, fittings, breaching, etc.)? Or do I have to fab the material for the job while the workers in the field get paid almost twice as much as I do at my regular hourly rate just because they install the material?
A. We understand the Davis Bacon Act as not applying to the manufacture or furnishing of materials, supplies, articles or equipment unless the work is conducted with and at the site of the building or construction work. Unless your fabrication work is at the site, it appears the regulation does not apply to your work. We would suggest, however, you contact your regional Department of Labor office and explain the circumstances and obtain their interpretation as well. You can locate the regional DOL in your state at the following Internet address: http://www.dol.gov/esa/contacts/ofccp/ofnation2.htm.
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Q. When we have a prevailing wage contract, do we need to provide the actual wage sheets or can we direct them to the Davis Bacon web site?
A. It is the obligation of the contracting officer to ensure that a copy of the most current wage determination of the Department of Labor is actually included in the solicitation and the ensuing contract. The Best Practices Procurement Manual (BPPM) discusses Davis-Bacon Act wages in Section 8.1.2. You will find the BPPM online.
Davis-Bacon wage rates, and their corresponding geographical areas, include the fringe portion in each of the many potential updated revisions, in accordance with the Federal labor position/wage surveys. In addition to all of the above, the actual date the Davis-Bacon wage information was published is important.
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Q. Why am I not making the same wage for an Electrician on a Government job? The web site at http://www.access.gpo.gov/ shows the wage at 27.91 and Fringes 8.67, but I am only making 25.67 and no fringes. Why would I not get the higher rate? I am a Journeymen Electrician in the state of Colorado, working on the Denver International Airport Parking Structure renovation.
A. You can do a couple of things. First, you should ask your employer if he is working under a Federal government contract. The airport is owned by the City of Denver, not the Federal government. Davis Bacon wage rates follow the Federal dollars. If there are no Federal dollars on what you are working, then the Davis Bacon wage rates do not apply. If you think you are on a project that is being funded by Federal dollars and your employer is not paying correct wages, you can notify the Federal agency contracting division, and FAA is right there at the airport. The next place is the Wage and Hour Division of Department of Labor. They have had an office right at the Stout Street building in Denver. Their number is in the phone book.
Davis-Bacon wage rates, and their corresponding geographical areas, include the fringe portion in each of the many potential updated revisions, in accordance with the Federal labor position/wage surveys. In addition to all of the above, the actual date the Davis-Bacon wage information was published is important.
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Q. Are Davis Bacon wage rates required for a federal funded job that is strictly demolition?
A. The Federal interpretation of Davis Bacon and its applicability to demolition contracts is found in the FAR at subparts 22.402(a)(1)(ii) and 37.3. The FAR interprets Davis Bacon as applying to contracts for demolition "if (demolition is) a part of the construction contract, or if construction at that site is anticipated by another contract as provided in subpart 37.3." In other words, if you anticipate there will be a future contract for construction at the site of the demolition, the Davis Bacon applies now to the demolition. If there is to be no future construction work at that site, and there is no construction work in the present contract, then Davis Bacon does not apply to the demolition contract. In conferring with FTA's Office of Chief Counsel, we found there is no alternative interpretation for third party grantee contracts. If you were to omit the Davis Bacon requirements from this contract when the FAR would have required Davis Bacon wages, you risk litigation and a long delay in getting the Department of Labor's decision.
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Q. What is the definition of "construction?" Does it include things like landscape maintenance or laying asphalt? Where do I find the definition?
A. The definition of construction for the purpose of determining the applicability of Davis-Bacon to federally financed work may be found in 29 CFR § 5.2. This section may be found online at: http://www.access.gpo.gov/nara/cfr/waisidx_02/29cfr5_02.html. The FAR also incorporates the definitions of the CFR in FAR Subpart 22.4 - Labor Standards for Contracts Involving Construction. Although grantees are not required to follow the FAR, you may find the coverage helpful since the Federal requirements are based on the same definitions found in the CFR that grantees are required to follow. The FAR may be accessed online at http://www.arnet.gov/far/index.html.
You may also want to contact your regional Department of Labor (DOL) Office for guidance as to the applicability of Davis-Bacon to a particular contract or portion thereof. For access to the various regional DOL offices that handle Davis-Bacon Act questions, you may go online to http://www.dol.gov/esa/programs/dbra/regions.htm.
The Davis-Bacon Home Page is at http://www.dol.gov/esa/programs/dbra/index.htm. You can also find a listing of the State DOL Offices, with telephone numbers, at http://www.dol.gov/esa/contacts/state_of.htm
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Q. We are initiating material procurement and need to know if Davis-Bacon applies to delivery personnel. If our contract is for materials only, doesn't it seem like it would apply, but they will have staff off-loading the trucks. We are a new LRT system currently finalizing final design and about to enter into construction.
A. For guidance on Davis-Bacon related questions, including the applicability of the Act to any particular contract you may be considering, we would suggest you contact the Department of Labor. For access to the various regional DOL offices that handle Davis-Bacon Act questions, you may go online to http://www.dol.gov/esa/programs/dbra/regions.htm. The Davis-Bacon Home Page is at http://www.dol.gov/esa/programs/dbra/index.htm. You can also find a listing of the State DOL Offices, with telephone numbers, at http://www.dol.gov/esa/contacts/state_of.htm.
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Q. If a contract was advertised and awarded over a year ago and the project is just now going to construction, does the contractor use the wage rates in the bid document or is he required to use wage rates that have been approved since the contract was awarded?
A. We would suggest you contact the Department of Labor Regional Office in San Francisco, CA, which has jurisdiction over Nevada. The DOL person who is available to answer Davis-Bacon Act questions is Ms. Margaret Pringels at 415-848-6616. The main DOL number in Washington, D.C. for Davis-Bacon issues is 1-866-4-USWAGE.
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Q. Who can I contact to determine whether or not this is a Davis-Bacon job? I am a subcontractor for temporary contract labor within the industrial base.
A. We would suggest you first find out who the Government Contracting Officer is for the prime contract and contact him/her. The CO can tell you immediately if the Davis-Bacon Act clause is in the prime contract. If it is, then the prime contractor is obligated to put the clause in its subcontracts. If you would want to contact the Department of Labor and discuss this with them, the toll free number for Davis-Bacon matters is 1-866-487-9243, and the general toll free number for DOL is
1-866-4-USA-DOL. The Department of Labor has jurisdiction over the Davis-Bacon Act requirements and they can give you an official ruling as to whether the Davis-Bacon Act applies to your work.
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Q. What is the Internet address where the Davis-Bacon Wage Rates can be found?
A. Davis-Bacon Wage Determinations are available free of charge on the Internet at the following address: http://www.access.gpo.gov/davisbacon/. You will be able to print the determinations you need for your location.
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Q. Where does one obtain a copy of the Davis-Bacon wage rates that apply to construction contracts?
A. Federal Wage Determinations are of two types:
(a) General Wage Determinations and
(b) Project Wage Determinations. General Wage Determinations contain prevailing wage rates for the types of construction designated in the determination, and they are used in contracts performed within a specified geographical area. They contain no expiration date and remain valid until modified, superseded, or canceled by a notice in the Federal Register by the Department of Labor. These determinations should be used whenever possible.
Project Wage Determinations are issued at the specific request of the grantee. They are used only when no general wage determination applies and they are effective for 180 days from the date of the determination.
It is the obligation of the contracting officer to ensure that a copy of the most current wage determination of the Department of Labor (DOL) is actually included in the solicitation and ensuing contract. The Wage and Hour Division of the DOL is responsible for the publication of wage determinations. Such determinations are numbered, dated, and issued as different rate schedules, depending upon the type of construction involved (building, residential, highway, or heavy construction).
General wage determinations may be found in the Government Printing Office document entitled General Wage Determinations Issued Under The Davis-Bacon and Related Acts.
Subscriptions to this information are available electronically and by hard copy. In a Federal Register Notice of June 14, 1996, the Chief, Branch of Construction Wage Determinations advised that wage determinations issued under the Davis-Bacon and related Acts are available electronically by subscription to the FedWorld Bulletin Board System of the National Technical Information Service (NTIS) of the U.S. Department of Commerce.
A telephone contact is (703) 487-4630.
Additionally, the Davis-Bacon Act wage rates can be accessed on the Internet at http://www.access.gpo.gov/davisbacon/. This site is maintained by the General Services Administration (GSA).
The same Notice advised that hard-copy subscriptions may be purchased from: The Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, Tel: (202) 512-1800.
The decisions are included in six different volumes, arranged by state. If ordering a hard-copy subscription, only get the volume that includes your state. An annual edition is published in January or February of each year and then updated weekly throughout the year as part of the loose-leaf service.
This publication is also available at each of the 50 Regional Government Depository Libraries and many of the Government Depository Libraries across the country. In large metropolitan areas, this document may also be available in a central public library as well as through local offices of your state's department of transportation.
If you are involved in a project that will involve the issuance of multiple construction-related solicitations over an extended period of time, you may want your own copy of this document. This is not only for convenience but also ensures that your solicitations and contracts contain the most up-to-date determinations.
The Davis-Bacon Act is discussed in Chapter 8, of the BPPM, under Section 8.1.2,* "Davis-Bacon Act."
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*Section 8.1.2 of the BPPM is available on the Internet.
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Q. I worked on a federal project subject to DB and DBRA-as a laborer-doing site prep-trash out of units' furniture to appliance, also cleaned and secured the construction site, as well as unload trucks with supplies, for the prime contractor/employer. Should the employer have paid DB wages? This is a rehab project funded with HOME and CDBG monies.
A. We would suggest you contact the regional State Office of the Department of Labor for an interpretation. That agency administers the Davis–Bacon Act and can sort through the issues involved in your case and advise you best. The link to find the DOL office that represents your State is http://www.dol.gov/dol/location.htm |
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| Q. What would the Davis–Bacon wage be for a faux finisher working at the House of Delegates in Annapolis, Maryland?
A. Davis–Bacon Wage Determinations are available free of charge on the Internet at the following address: http://www.access.gpo.gov/davisbacon/. You will be able to print the determinations you need for your location.
Q. We have trucks hauling out of job loaded, do we pay DB wages both out and in or just out?
A. We would suggest you contact the regional State Office of the Department of Labor for an interpretation. That agency administers the Davis–Bacon Act and can sort through the issues involved in your case and advise you best. The link to find the DOL office that represents your State is: http://www.dol.gov/dol/location.htm
Q. Are Davis-Bacon prevailing wages required when procuring furniture?
A. The Davis-Bacon Act prescribes that prevailing wages be paid to laborers and mechanics working on federally-funded construction contracts in excess of $2,000. The Davis-Bacon Act does not apply to the procurement of furniture.
Q. I am a procurement officer with Maryland Transit Administration. We are getting ready to advertise a federally funded construction contract which spans multiple counties. Do we include the wage rate determinations for each county where the work will be performed in our contract document?
A. The Federal Department of Labor (DOL) publishes wage rate determinations by State and county, and you will have to include the specific counties where the work will be done. You may access the county wage determinations for Maryland online:
http://www.access.gpo.gov/davisbacon/md.html
Q. In the event that a bidder on a construction project has employees represented by a union, and the wages negotiated and agreed to by that union are lower than the DB wage rates for that same work, is the recipient obligated to pay the existing union wage rates or the higher DB wage rates?
A. The Federal regulations require that Davis–Bacon wage rates be paid for all construction project labor performed with Federal funds. The requirements to be included in all FTA- funded contracts are defined in the Best Practices Procurement Manual, appendix A.1, Clause 6, which may be found online at
http://www.fta.dot.gov/funding/thirdpartyprocurement/bppm/grants_financing_6195.html#BM16. There is no exception in the Act for unionized employees who agree to work for less than the prevailing Davis–Bacon wages. If you would like to contact the U.S. Department of Labor office in Indianapolis to discuss the Davis–Bacon Act requirements, their number is (317) 226-6801 or 866-487-9243. The Website address for the DOL department that administers the Davis–Bacon Act is http://www.dol.gov/esa/whd/
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