Published date: 08/28/2024

Question

We are an institution that receives federal funding through the Pell Grant Program and Direct Student Loans program. Our projects can also include funds from local taxes, bond programs, and state allocations. If we include the Davis-Bacon requirement in our GC contracts, are we required to review certify payrolls submitted by subs?

Answer: From the context of your question, I have to assume that your organization in this scenario is the public agency or some project owner with the same responsibilities as a public agency. In that instance, yes you would be required to review and approve certified payrolls from both the general contractor and all levels of subcontractors after they have been submitted to your organization. This is done after the review by the general contractor is completed. Keep in mind that every agency has their own process for reviewing and/or approving certified payroll reports. You likely need to determine how you will address this within your own program.

Question

I see that the Federal Courts have blocked some of the Davis-Bacon Final Rules that pertains specifically to the trucking industry. Are we still required to pay prevailing wage and submit CPRs?

Answer: Great question! For the areas that were introduced by the new regulations, these are not required to be submitted on your certified payrolls, for now. Once the court process is completed you will be required to follow the final decision at that time. However, for trucking work onsite, you are still required to pay prevailing wages and submit certified payrolls for all covered work. This has not changed.

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These materials are being issued with the understanding that LCPtracker is not engaged in rendering legal or other professional services and is providing these for informational purposes only. If legal, accounting, or tax expert assistance is required, the services of a competent legal, accounting or tax professional should be sought.