What 40 USC § 3142 - Davis-Bacon Act Prevailing Wage for Federal Construction Contracts requires
40 USC § 3142 (originally enacted as the Davis-Bacon Act of 1931, Pub. L. 71-798; recodified by Pub. L. 107-217) requires every contract in excess of $2,000 for the construction, alteration, or repair of public buildings or public works of the United States to contain a provision stating the minimum wages to be paid to various classes of laborers and mechanics; subsection (a) establishes the application threshold and requirement; subsection (b) requires the Secretary of Labor to determine prevailing wages for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the locality; subsection (c) prescribes three required contract stipulations: (1) workers must be paid unconditionally at least weekly with no deductions other than permitted by law, (2) the wage scale must be posted prominently at the worksite, and (3) the contracting officer may withhold payments to cover wage differences owed to workers; Davis-Bacon is the foundational federal construction prevailing wage statute, supplemented by the Davis-Bacon Related Acts that extend prevailing wage requirements to federally-funded infrastructure projects; the Department of Labor's Wage and Hour Division issues Davis-Bacon wage determinations published at sam.gov/wage-determinations.
Pillar: Public Sector & Government Procurement · Authority: United States Congress (Davis-Bacon Act of 1931, Pub. L. 71-798, 46 Stat. 1494; recodified into 40 USC Subtitle II Chapter 31 Subchapter IV by Pub. L. 107-217, 21 August 2002) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/40/3142
SHA-256 integrity: 641cfc1a7e463a29f1e1da64248882270e33da4dbbdddb0022d4004193b68755
Primary Citations — 5 traced to source
- 40 USC § 3142(a) DAVIS-BACON APPLICATION: 'The advertised specifications for every contract in excess of $2,000, to which the Federal Government or the District of Columbia is a party, for construction, alteration, or repair, including painting and decorating, of public buildings and public works of the Government or the District of Columbia that are located in a State or the District of Columbia and which requires or involves the employment of mechanics or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics.'
- 40 USC § 3142(b) SECRETARY OF LABOR DETERMINATION: 'The minimum wages shall be based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there.'
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