Davis Bacon Related Acts

Resources for Iowa prevailing wage contractors

 

FREQUENTLY ASKED QUESTIONS ON STATE PREVAILING WAGE

Whether you are just starting out as a prevailing wage contractor or just looking to keep yourself updated, we have compiled these resources about state prevailing wage. Here are the most common questions of prevailing wage contractors and workers to help expand your knowledge!

Though there is no state prevailing wage law specific to Iowa, public work projects fall under the federal Davis Bacon and Related Acts. Compliance with the Davis-Bacon Act is a responsibility of every prevailing wage contractor for public projects in Iowa. Read on to find out more about issues concerning prevailing wage in Iowa. For help with fully compliant fringe benefit plans in Iowa please get in-touch via email or give us a call today!

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How is Davis-Bacon compliance enforced and audited?
In Iowa, compliance to the Davis-Bacon act is enforced by the contracting agency of the public work projects. The contracting agency hires DBRA inspectors who would perform onsite interviews, assessments and audit payroll records for compliance. Extreme errors may require the intervention of the Department of Labor.
Contractors refusing to maintain compliance will also be investigated by the Wage and Hour Division of the Department of Labor.
How can I know the prevailing wage rates in Iowa?
The prevailing wage rates in Iowa are determined by the Department of Labor, and they are based on the hourly rate paid on Iowa public works projects to workers of a certain class, trade, or type of work. The single rate being paid to the majority of workers is considered the prevailing wage determination.
To know the current prevailing wage rates for Iowa, you need to refer to the determinations published by the US Government Printing Office, which can be found here. It is important to use the appropriate wage determination for the given bid spec.
How and where should I file requirements for prevailing wage jobs covered by the Davis-Bacon Act?
Under the Davis-Bacon Act, you are required to accomplish and send Certified Payroll Reports weekly. Some Iowa contracting agencies can also ask for additional paperwork. You will need to confirm with the contracting agency regarding any other filing requirements.
If you are a sub-contractor in Iowa, you should file your paperwork with the General Contractor of the project. This is because it is the responsibility of the General Contractor to submit the requirements and paperwork to the contracting agency.
Are there any increases or special determinations for Davis-Bacon general determinations?
General prevailing wage determinations do not have pre-determined increases, and they are applicable for the entire duration of the project.
On the other hand, special determinations in Iowa are specific to the particular job the determination was issued for. Special determinations can also contain pre-determined increases.
For public projects covered by the Davis-Bacon Act, are there also rules on apprentices?
In state of Iowa, there are no mandates on apprenticeship regulation, a general training fund or a requirement to request apprentices. However, a contractor must follow the apprenticeship regulations and contribute to the training fund of a committee if they are contracted with a specific apprenticeship committee. Remember that the apprenticeship wages for Davis-Bacon jobs are not part of the wage decision. Instead, they are set by the specific apprentice.
What are my obligations under the Davis-Bacon Act, especially on Special Prevailing Wage Determination?
For unlisted or missing classifications, you are obligated to pay no less than the wage rates listed for the lowest specialized trade most similar to the trade in question. This means that if the trade is not listed on the current determinations, you use the prevailing wage rate of the lowest specialized trade that is similar to the trade instead.
For example, if carpentry is unlisted or missing in the published wage decisions, then you can look for a similar specialized trade, such as plumbing, and use that as the marker for prevailing wage. You cannot pay lower than the prevailing wage listed for the similar listing.
If you receive a Special Determination and the wage determined is higher than what you’ve paid, you need to correct your payroll.
How and where can you request for a Special Prevailing Wage Determination?
Getting a Special Prevailing Wage Determination from the Federal Wage and Hour Division can be done through the request of the Contracting Officer or Agency. There is an existing conformance procedure for unlisted or missing classifications, as contained in the Davis-Bacon & Related Act provisions. This conformance was formulated to establish an enforceable wage and benefit rate for unlisted or missing classifications.
You would need to complete and file a Standard Form 308, “Request for Determination and Response to Request”. Send this form to the Branch of Construction Wage Determinations, Wage and Hour Division, Employment Standards Administration, of the U.S. Department of Labor, Washington DC 20210.
The process of requesting a special determination takes at least 30 days.
Note that the project decisions are only applicable to the particular project and are only effective for 180 days. They become void if unused within the given time. The contractor needs to initiate the request by submitting SF1444 “Request for Authorization of Additional Classification and Rate” to the contracting agency.
Is there a branch of the Associated General Contractors (AGC) in the state of Iowa?
Yes, there is a branch of the Associated General Contractors (AGC) in Iowa. AGC is a great resource for help in compliance with Davis-Bacon requirements for contractors in Iowa. You can refer to AGC’s website here.

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