The Davis-Bacon
Act, as amended, requires that each contract over $2,000 to
which the United States or the District of Columbia is a party for the
construction, alteration, or repair of public buildings or public works
shall contain a clause setting forth the minimum wages to be paid to
various classes of laborers and mechanics employed under the contract.
Under the provisions of the Act, contractors or their
subcontractors are to pay workers employed directly upon the site of the
work no less than the locally prevailing wages and fringe benefits paid on
projects of a similar character. The Davis-Bacon Act directs the
Secretary of Labor to determine such local prevailing wage rates.
In addition to the Davis-Bacon Act itself, Congress has added
prevailing wage provisions to approximately 60 statutes which assist
construction projects through grants, loans, loan guarantees, and
insurance. These "related Acts" involve construction in such areas
as transportation, housing, air and water pollution reduction, and
health. If a construction project is funded or assisted under more
than one Federal statute, the Davis-Bacon prevailing wage provisions may
apply to the project if any of the applicable statutes requires payment of
Davis-Bacon wage rates.
The geographic scope of the Davis-Bacon Act is limited, by its terms,
to the 50 States and the District of Columbia. By the same token,
the scope of each of the related Acts is determined by the terms of the
particular statute under which the Federal assistance is provided.
For example, Davis-Bacon prevailing wage provisions would apply to a
construction contract located in Guam or the Virgin Islands funded under
the Housing and Community Development Act of 1974, even though the
Davis-Bacon Act itself does not apply to Federal construction contracts to
be performed outside the 50 States and the District of Columbia.
Davis-Bacon wage determinations are to be used in accordance with the
provisions of Regulations, 29 CFR Part 1 and
Part 5.
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