Davis Bacon Related Acts

Government contractors and sub-contractors submit documentary requirements to the project’s general contractor. He is responsible for forwarding the documents to the contracting agency.

The U.S. Government Printing Office website publishes a list of prevailing wage determinations under the Davis-Bacon Act for each state. Take note that the Kansas prevailing wage for a certain job may not be the same with what is listed in the website. You need to check the bid documents of the project which should contain the Davis-Bacon Act wage decision. If it is not, contact the awarding body or contracting agency of the project and ask them to give the wage decision.

The Department of Labor facilitates wage determination for Davis-Bacon Act projects. They take into account the hourly rate paid for most of the workers assigned to a specific type of work or craft. They may also base it on the prevailing wage of workers situated in a locality or a market area near you. Jobs which are unlisted or not classified are subjected to a conformance procedure in accordance with the Davis-Bacon Act.

The prevailing wage for Kansas projects usually don’t have pre-determined increases for the entire duration of the project. Special wage determinations can be requested by the awarding body for each project. The contractor should first submit the SF 1444 which authorizes additional classification and rate of a prevailing wage to the agency or contracting officer. The Standard Form 308 (SF-308) should also be submitted to the Wage and Hour Division of the Department of Labor in Washington DC. The process usually takes 30 days. Take note that decisions for prevailing wages are specific for a project only and will be valid for only 180 days.

While you are waiting for the prevailing wage decision to be released, you can check the prevailing wage and benefit rates indicated in the general Davis-Bacon Act wage decision. You must make sure that the prevailing wage workers in your payroll don’t receive lower rates than workers who have a similar or trade. For example, plumbers should have a similar prevailing wage to carpenters.

The state of Kansas do not impose any regulations regarding hiring of apprentices or allocation of a general training fund. However, if a contractor is affiliated with a particular committee on apprenticeship, he must follow the regulations set by the committee and contribute to the training fund, if there is any. Prevailing wage for apprentices are not part of the wage decision for a project.