Davis-Bacon Act Requirements IPTA Presentation 6-13-07

1. Davis-Bacon Act RequirementsIPTA Presentation6-13-07

2. Davis-Bacon Act • What is it? • Which Contracts? • Why Does it Apply to Federally Funded Projects? • “Site of Work” • Who has Responsibilities?

3. Davis-Bacon Act • Enacted in 1931 • Amended in 1935 and 1964 • Intended to protect local contractors and workers from non-local contractors underbidding local wages

4. Davis-Bacon Act • Predetermined wages & fringe benefits • Laborers, equipment operators and mechanics • Working on Federally funded contracts > $2,000 • Must be paid weekly

5. Proposal Note • Wage Rate Decision Number • Date of decision

6. Site of Work D-B applies only to workers on or adjacent to the “site of the work” • Project Limits-physical location of project • Temporary Plant Sites, Borrow Pits • Dedicated exclusively to project • Adjacent (abutting property) • “Virtually” Adjacent (across the road)

7. Covered Employees • Workers whose duties are manual or physical in nature • ALL laborers, equipment operators, mechanics • No exceptions for employees: • temporary employment agency • company w/o subcontract • pavement grinding • erosion control compost blowers • other “specialty” subcontractors

8. Employees Not Covered • D-B does not include: • Certified plant inspectors • Quality Control Technicians • Survey crews

9. Truck Drivers Covered when: • Driving on the “site of the work” • Transporting materials between a facility that is part of the “site of the work” and the project site

10. Truck Drivers • NOT COVERED: • Material delivery drivers while off the “site of the work” • Traveling between a commercial facility and the project • Time spent on the “site of the work” to pick up or drop off materials is short (de minimis)

11. D-B Wage Decision

12. Proper Job Classification is Critical

13. Bulletin Board

14. Required Posting for D-B • Wage Rate Decision • Correct Wage Decision for project • All 4 pages

15. Required Posting for D-B • Wage Rate Info. • Transit Agency Representative Federal Transit Project Transit Agency Representative Name: Phone: Address:

16. Certified Transcript of Weekly Payroll • To be submitted to the contracting authority within seven days from the end of the period covered • The prime contractor is responsible for the submission of payrolls for all subcontractors • If not submitted timely, advise contractor and withhold progress payments • What subcontractors were working?

17. Weekly Payroll Check

18. Davis-Bacon Wage Rate Information

19. FTA Required Provisions contd. 16. Davis-Bacon and Copeland Anti-Kickback Acts 17. Contract Work Hours and Safety Standards Act 18. [Reserved] 19. No Government Obligation to Third Parties 20. Program Fraud and False or Fraudulent Statements and Related Acts 21. Termination 22. Government-wide Debarment and Suspension (Non-procurement) 23. Privacy Act 24. Civil Rights Requirements 25. Breaches and Dispute Resolution 26. Patent and Rights in Data 27. Transit Employee Protective Agreements 28. Disadvantaged Business Enterprises (DBE) 29. [Reserved] 30. Incorporation of Federal Transit Administration (FTA) Terms 31. Drug and Alcohol Testing 32. Protest Procedure

20. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

21. WAGE DETERMINATION APPEALS PROCESS (continued) 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

22. WAGE DETERMINATION APPEALS PROCESS (continued) 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ===================================== END OF GENERAL DECISION

24. Break