Initial Guidelines for Applicability of
Davis-Bacon (Prevailing Wage) Requirements for Federal and Federally
Assisted Construction Projects Under the American Recovery and
Reinvestment Act of 2009 - “ARRA”
Memorandum No. 207 from U.S. Labor Department, Employment Standards
Applicability of Davis-Bacon labor standards to Federal and federally
assisted construction work funded in whole or in part under provisions of “ARRA”.
Federal agencies directly contracting for
construction work using ARRA funds must include Davis-Bacon rates in bid
solicitation and contracts.
Federal agencies must ensure that
recipients of assistance require contractors and subcontractors to pay
laborers and mechanics employed by contractors on ARRA assisted
Section 1606 of ARRA plainly indicates
that the Davis-Bacon prevailing wage requirement broadly applies to ARRA-appropriated
construction projects whether funded directly by or assisted in whole or
Assisted in whole
or in part encompasses any assistance to projects through grants,
loans, guarantees, and insurance.
Regulations in 29
Code of Federal Regulations 5.5(a) instructs agencies concerning the
application of the Standard Davis-Bacon contract clauses.
Department of Labor memorandum a project consists of all
construction necessary to complete the building or work regardless
of the number of contracts involved so long as all contracts awarded
are closely related in purpose, time, and place. This
precludes the intentional splitting of ARRA projects into separate
and smaller contracts to avoid Davis-Bacon coverage.
For on-going projects
that are now receiving ARRA funds, the agency contracting the work
should insert the applicable wage rates effective as of the date of ARRA
are available at
USDOL Prevailing Wage
Resource Books are available at
Opinion letter on Weatherization Assistance Program (refer to
DOE allocated $5
billion to Weatherization Assistance Program.
DOE awards grants to state level government agencies,
which then contract with local agencies, such as Community Action
Agencies to deliver weatherization services to eligible residents.
performing such services are not covered by Davis-Bacon.
Laborers and mechanics
employed by private, non-profit Community Action Agencies or if the CAG
contracts out the work, Davis-Bacon applies.
This information is available at the Connecticut
Department of Labor website:
www.ct.gov/dol at Wage and Workplace Standards Unit.
Prepared and Provided by:
Connecticut Department of Labor
Wage & Workplace Standards Division
June 12, 2009
200 Folly Brook Boulevard, Wethersfield, CT 06109 / Phone: 860-263-6000
State of Connecticut