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August 7, 2009   
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Wage and Hour Division (WHD)

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Wage and Hour Division - To promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce.

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WHD Information Related to the American Recovery and Reinvestment Act of 2009

Recovery.gov

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Overview

The American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law by President Obama on February 17, 2009. Division A of ARRA appropriates substantial funding for construction, alteration and repair of federal buildings and for infrastructure projects, such as roads, bridges, public transit, water systems, and housing. In accordance with existing Davis-Bacon Act (DBA) requirements, federal agencies directly contracting for construction work using ARRA funds must ensure that bid solicitations and resulting covered contracts contain Davis-Bacon labor standards and wage determinations in accordance with the Federal Acquisition Regulations.

Also, generally, Federal agencies must ensure that recipients of assistance funded by ARRA appropriations require contractors and subcontractors to pay laborers and mechanics employed on ARRA-assisted construction at least the Davis-Bacon prevailing wages. In addition, Division B of ARRA requires application of Davis-Bacon prevailing wage requirements to projects financed with certain tax-favored bonds.

This portal contains information on prevailing wage labor standards applicable to construction projects funded under ARRA. The Copeland “Anti-Kickback Act” and overtime pay requirements under the Contract Work Hours and Safety Standards Act also apply to ARRA funded construction. In addition, ARRA appropriations will fund federal service contracts subject to the Service Contract Act (SCA), and federal contracts subject to coverage under the Walsh-Healey Public Contracts Act (PCA). Links to information regarding application of these laws and the Davis-Bacon Act are provided on this site.

All Agency Memorandum

  • All Agency Memorandum No. 207 - Applicability of Davis-Bacon to Federal and federally-assisted construction work funded by the American Recovery and Reinvestment Act of 2009.

Advisory Letters

  • Project-specific or agency-specific advisory letters issued in response to ARRA-related questions are posted here. Advisory letters provide initial recommendations and guidance on Davis-Bacon Act and Service Contract Act issues.

Prevailing Wage Conferences

  • The Wage and Hour Division will host two Prevailing Wage Conferences in August. The conferences will address issues associated with the administration and enforcement of the Davis-Bacon Act, McNamara O’Hara Service Contract Act, and the labor standards provisions of the American Recovery and Reinvestment Act of 2009.

    The first conference will be held in Chicago, Illinois on August 18-20 and the second Prevailing Wage Conference will be held in Orlando, Florida on August 25-27. If you wish to attend either one of these conferences, please email your name, title, organization, email address, telephone number and desired conference location to whdarra@dol.gov. There is no fee for these conferences, however, space is limited.

    Additional Prevailing Wage Conferences will be held in San Antonio, Texas; Long Beach, California; and Boston, Massachusetts in September. Registration information for these conferences will be announced in the upcoming weeks.

Guidance

Posters

Fact Sheets

DBRA Certified Payroll Form

Davis-Bacon Survey Information

The Wage Hour Division (WHD) of the U.S. Department of Labor (DOL) is conducting a prevailing wage survey of weatherization construction on residential housing in the United States. Data is being solicited from any interested party on weatherization construction on residential structures performed in the United States from April 1, 2008 - March 31, 2009. Interested parties will be notified by email, fax, and letter explaining the survey, and a spreadsheet for reporting work performed in their area, a completed sample survey worksheet, and a definition/instruction sheet will be included with this notification. The survey is a nationwide survey and will be conducted in two stages.

The first stage of the survey includes the states of California, Connecticut, Iowa, Illinois, Maine, Massachusetts, Minnesota, Michigan, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, and Wisconsin. Interested parties were notified on July 6, 2009 of this survey. Initially, the cut-off date for submission of data for this survey was July 15, 2009. The cut-off date for this survey has been extended to July 31, 2009. All data for these 15 states must be received by DOL on or before July 31, 2009 to be included in the survey.

The second stage of the survey includes the remaining 35 states of Alaska, Alabama, Arizona, Arkansas, Colorado, District of Columbia, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Montana, Nevada, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming. The survey start date of this survey will be July 20, 2009 with a survey cut-off date of August 14, 2009. All data for these 35 states must be received by DOL on or before August 14, 2009 to be included in the survey.

Survey responses may be sent to the Department electronically, by facsimile, or by mail. Electronic submissions are encouraged due to the short time frame of the survey. Link to Weatherization Survey Definitions and Instructions. Link to Weatherization Survey Spreadsheet. Link to Weatherization Survey Sample Spreadsheet. Electronic submissions and any questions can also be sent to this email address - 09WeatherizationSurvey@dol.gov. Facsimile responses may be sent to (202) 693-1432. All other responses should be mailed in sufficient time to be received by the survey cut-off dates of July 31, 2009 or August 14, 2009 and should be sent to the following address:

U.S. Department of Labor
Wage & Hour Division
Branch of Construction Wage Determinations
Frances Perkins Building, Room S3016
Washington DC 20210

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