The U.S. Department of Labor’s Wage and Hour Division (WHD) released a series of Fact Sheets (#66 through #66E) providing guidance on the Davis-Bacon and Related Acts (DBRA) and their requirements for contractors on federally funded or assisted construction projects.
Fact Sheet #66 – The Davis-Bacon and Related Acts (DBRA)
Explains the foundation of DBRA compliance, including:
- Coverage of federally funded or assisted construction contracts over $2,000
- Requirements to pay locally prevailing wages (basic hourly rate + fringe benefits)
- Apprenticeship rules and certified payroll submission requirements
- Retaliation protections and enforcement procedures
- Common compliance issues such as misclassification, underpayment, and missing certified payrolls
Fact Sheet #66A – Bipartisan Infrastructure Law (BIL)
Explains how the Bipartisan Infrastructure Law (BIL) applies DBRA requirements to infrastructure projects.
- Most BIL-funded projects must comply with Davis-Bacon wage standards
- Federal agencies must include DBRA clauses and wage determinations in contracts
- Funding recipients (state/local agencies) must monitor compliance and review certified payrolls
- Contractors and subs must pay prevailing wages weekly and maintain accurate records
- Violations can lead to withheld payments or loss of federal funding
Fact Sheet #66B – Interplay Between DBRA, SCA, and PCA
Describes how the Davis-Bacon (DBRA), Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) interact.
- DBRA covers construction; SCA covers service contracts; PCA covers manufacturing/supply contracts
- Each act includes its own wage, overtime, and labor standards
- A contract may be subject to multiple acts if it includes both service and construction elements
- Guidance on when DBA applies in mixed contracts (e.g., installation + manufacturing)
Fact Sheet #66C – Labor Standards Clauses and Subcontract Agreements
Outlines the responsibilities of agencies, prime contractors, and subcontractors.
- Contracting agencies must include DBRA labor standards clauses and wage determinations in all prime contracts
- Prime contractors must flow down these clauses to all tiers of subcontractors
- Failure to include or properly reference these clauses makes the prime contractor liable for any wage underpayments
- Improper or vague flow-down language can lead to debarment
- Recommends attaching full DBRA clauses and wage determinations to subcontracts
Fact Sheet #66D – Application of General Wage Determinations
Explains how agencies and contractors select and apply the correct wage determination.
- Wage determinations are issued by county and construction type (Building, Residential, Heavy, Highway)
- Agencies must select the proper location, construction category, and most current wage determination
- Describes when multiple wage determinations may apply to a single project
- Clarifies rules for incorporating revised determinations before or after contract award
- Emphasizes consulting the WHD for complex, multi-county, or multi-type projects
Fact Sheet #66E – Compliance with Fringe Benefit Requirements
Provides detailed guidance on bona fide fringe benefits and compliance under DBRA.
- Contractors may meet wage obligations via cash wages, bona fide benefits, or a combination
- Defines funded (trust/insurance) and unfunded (internal) benefit plans
- Explains the annualization principle for calculating hourly fringe credits
- Outlines rules for apprentice benefits and non-creditable costs (admin fees, per diem, etc.)
- Lists common violations such as failing to annualize or misclassifying workers