Davis-Bacon Related Acts (DBRA)

DBRA Purpose and Requirements

  • Congress has extended DB prevailing wage requirements to other laws - related Acts - which provide federal assistance for construction through:
    1. Grants
    2. Loans
    3. Loan guarantees
    4. Insurance
    (as contrasted with direct federal government contracts for construction).

DBRA Coverage

  • Many of the related Acts are listed in 29 C.F.R. § 5.1(a). These laws include by reference the requirements for payment of prevailing wages determined in accordance with the DBA.

Examples:

  • Federal Highway Administration provides grants to states for the reconstruction of roads and bridges on federal-aid highways.
  • U.S. Department of Housing and Urban Development (HUD) finances the construction of low income residences on housing authority projects.
  • Other federal agencies which assist construction through grants, loans, loan guarantees and insurance include the Departments of Health and Human Services, Education, and Environmental Protection Agency.
  • The following DBRA statutes are frequently used to fund/assist construction:
    1. National Housing Act
    2. Housing Act of 1950
    3. Federal Aid to Highway Acts
    4. Federal Water Pollution Control Act
    5. U.S. Housing Act of 1937
    6. Housing and Community Development Act of 1974
  • Certain related Acts contain specific coverage criteria for construction supported by the federal assistance they provide. Thus, a determination of whether DB prevailing wage provisions apply in particular circumstances requires an analysis of the actual labor standards provision in the relevant related Act. For example:
  • The labor standards provision of the Housing and Community Development Act of 1974 does not apply to the rehabilitation of residential property that contains fewer than 8 units.
  • The Davis-Bacon labor standards provision of Title II of the National Affordable Housing Act of 1990, (HOME) does not apply if there are fewer than twelve HOME-assisted units in the project.
  • The labor standards provision of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) applies only to projects funded in whole or in part under Section 104 of the Act and not to clean-ups provided/funded through other sections of that Act.
  • While DBA does not have any provision granting DOL the authority to waive its application, certain related statutes may provide for a waiver or exception by the administering agency.


Consulting Services We Provide

  • Review public works preconstruction contracts
  • Monitor DIR contractor/subcontractor certified payrolls
  • Audit labor classification for each worker employed
  • Review DIR pre-DAS 140/142 submissions
  • Review CAC training fund contributions form CAC-2
  • Review DIR Fringe Benefits Statement PW-26
  • Monitor DIR wage determinations
  • Audit fringe benefits allowances
  • Review DIR holiday payment requirements
  • Audit DIR travel & subsistence requirements
  • Caltrans Labor Compliance
  • County of Sacramento Labor Compliance
  • City of Los Angeles Labor Compliance
  • Los Angeles Unified School District Labor Compliance
  • Federal Davis-Bacon Project Monitoring
  • Federal DBE Implementation & Review
  • Federal FAA AIP Goal Setting
  • DIR & Davis-Bacon Training
  • DIR Civil Wage Penalty Review
  • Local-Hire Review (e.g., San Francisco)
  • Skilled and Trained Workforce

Give us a call to discuss your labor compliance requirements.

This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.

 
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