Published date: 11/21/2024

It doesn’t matter who you are in the public works construction space, everyone starts somewhere. And for those that had their introduction long ago but haven’t had a prevailing wage project in a while – well, a refresh never hurts.  

Whether you’re a contractor needing to comply or a prime/public agency monitoring the compliance, it’s always a good idea to make sure you know where to go to get the resources you need.   

A Quick Breakdown of the Public Works Space 

The construction sector operates within a framework of federal, state, and local regulations that facilitates the appropriate compensation for workers, particularly on public projects. One of the most important of these regulations is the Davis-Bacon Act, which mandates prevailing wage standards for federally funded or assisted construction projects. Here, we’ll walk you through the essential steps for gathering resources, downloading and submitting necessary forms, and meeting submission deadlines to stay compliant. 

Resource Gathering & Where to Obtain Information 

1. Official Government Websites

Federal Register: For any updates on wage determinations or changes in federal labor regulations, the Federal Register is an essential resource. It publishes changes in wage determinations and provides updates on federal regulations that might impact compliance.

U.S. Department of Labor (DOL): The DOL’s Wage and Hour Division (WHD) is your primary source for all information related to the Davis-Bacon Act and federal prevailing wage laws. Their website offers fact sheets, compliance guides, and FAQs, all designed to help awarding bodies such as agencies, contractors,  and subcontractors understand their obligations.

System for Award Management (SAM):  The DOL provides up-to-date federal wage determinations on the website SAM.GOV. These wage determinations specify the prevailing wage rates for different laborer and mechanic classifications based on the project location and construction type The DOL provides up-to-date wage determinations that specify prevailing wage rates for different job classifications based on location.

Wage and Hour Division (WHD): This section of the DOL’s website houses official guidance, regulations, and forms.

2. State and Local Agencies

Many states have their own prevailing wage laws, which may apply to state or locally funded public projects. Contractors should consult their state’s Department of Labor or equivalent agency to gather specific information regarding regional wage laws and compliance guides.

• State-Specific Resources: For example, California’s Department of Industrial Relations provides detailed information on prevailing wages, state wage determinations, and certified payroll requirements for public works projects.
• Local Government Resources: Some cities or counties may also impose additional wage standards, especially for publicly funded construction projects. For example, the City of Baltimore has set its own prevailing wages.

3. Industry Associations

Industry associations also provide valuable resources for contractors working on public projects:

• Associated General Contractors of America (AGC): This organization offers guides, training programs, and compliance updates specific to Davis-Bacon and prevailing wage regulations.
• National Electrical Contractors Association (NECA): NECA provides compliance tools and wage determination updates for electrical contractors.
• Associated Builders and Contractors (ABC) and other trade organizations also provide prevailing wage resources.

Where to Download Forms and Submit Them

Key Davis-Bacon Forms

• SF-1444: Request for Authorization of Additional Classification and Rate: This form is used when a specific classification for a trade is not included in the wage determination for a project. It allows a contractor to request that it be added so that workers can be appropriately classified. You can download this from the GSA Forms Library or directly from the DOL website.
• WH-347: Certified Payroll and Statement of Compliance Form: The DOL’s WH-347 is the standard form used to submit weekly certified payroll reports on Davis-Bacon projects. Note: this is the most widely used form, but the use of the WH-347, specifically, is not explicitly mandated. Other forms are often accepted by public agencies, but they must contain all the same information collected on the WH-347.  A copy of the WH-347 can be obtained on the DOL’s website.

2. Submission Process

• SF-1444: Submit this form to the contracting officer responsible for your project. Make sure that you include all supporting documentation, such as detailed job descriptions and proposed wage rates, to avoid delays in approval. The USDOL provides a conformance process that can aid in completing this form.
• WH-347: Certified payroll reports must be submitted to the contracting agency on a weekly basis. It’s essential to ensure that all wage rates and fringe benefits are accurate and in line with the wage determinations for the project’s location.

Timing for Submissions and Requirements

•Pre-Construction Submission

• SF-1444 Submission: Before starting work on a project, contractors should submit the SF-1444 if additional job classifications are required. It’s important to complete a thorough review of both the scope of work for the project and the wage determination provided to make sure there are no required classifications omitted.

2. Ongoing Weekly Payroll Reporting

• WH-347 Submission: This form must be submitted weekly throughout the life of the project. Any delays in payroll reporting can result in penalties or withheld payments from the contracting agency.

3. Final Submission Upon Project Completion

Final Payroll and Documentation: At the conclusion of a project, contractors must submit all final certified payroll reports, along with any other required documentation, to close out the project.

If you are looking to take an even deeper dive to learn the ‘ins’ and ‘outs’ of Davis-Bacon and prevailing wage compliance, check out our online courses at https://lcptracker.com/academy/.

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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.