Davis-Bacon Act Sample Clauses
The Davis-Bacon Act clause requires contractors and subcontractors working on federally funded or assisted construction projects to pay their laborers and mechanics no less than the locally prevailing wages and fringe benefits for similar work. This clause typically applies to contracts over a certain monetary threshold and mandates regular submission of certified payroll records to ensure compliance. Its core function is to protect local wage standards and prevent undercutting of local labor markets by ensuring fair compensation on public works projects.
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Davis-Bacon Act. When required by Federal program legislation, Supplier Partner agrees that, for all participating agency prime construction contracts/purchases in excess of two thousand dollars ($2,000), Supplier Partner shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Supplier Partner is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Supplier Partner shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov. Supplier Partner agrees that, for any purchase to which this requirement applies, the award of the purchase to the Supplier Partner is conditioned upon Supplier Partner’s acceptance of the wage determination. Supplier Partner further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”. The Act provides that each Supplier Partner or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Does Respondent agree? JC (Initials of Authorized Representative)
Davis-Bacon Act. (a) The Borrower shall comply (and shall ensure that each DBA Contract Party complies) with the Davis-Bacon Act Requirements.
(b) The Borrower, on DOE’s behalf, shall systematically review the certified payroll records that the Borrower maintains for its own laborers and mechanics pursuant to Section 2(3) of Schedule 6.27(c) (Davis-Bacon Act Contract Provisions) and those that it receives for the laborers and mechanics of any DBA Contract Party pursuant to Section 2(3)(iii) of Schedule 6.27(c) (Davis-Bacon Act Contract Provisions) and subject to program required updates with respect to payroll reporting. The Borrower shall promptly notify DOE in writing when it receives any complaint related to non-compliance with the Davis-Bacon Act, or discovers in the course of its systematic review of the certified payroll records an incident that the Borrower reasonably believes to be a case of such non-compliance and which, in each case, the Borrower cannot resolve on its own, and shall forward to DOE (i) the complaint or a written summary of the noncompliant incident, (ii) a summary of the Borrower’s investigation into such complaint or such incident and (iii) the relevant certified payroll records. Certified payroll records maintained by the Borrower shall be preserved for **** after completion of work. The required weekly certified payroll information shall be submitted electronically using the Electronic Payroll System. Notwithstanding anything to the contrary in Section 2(3)(iv) of Schedule 6.27(c) (
Davis-Bacon Act. (i) To the extent the provisions in Schedule 6.27(c) (Davis-Bacon Act Contract Provisions) are not included in any Davis-Bacon Act Covered Contract or Direct Agreement with the DBA Contract Party existing on or prior to the Effective Date for the construction, alteration or repair of any portion of the Project, DOE shall have received, in form and substance satisfactory to DOE, a fully executed original letter agreement from each DBA Contract Party under such Davis-Bacon Act Covered Contract agreeing to comply with the terms set forth in Schedule 6.27(c) (Davis-Bacon Act Contract Provisions), in form and substance satisfactory to DOE (each such letter, a “DBA Side Letter”).
(ii) DOE shall have received from the Borrower (A) evidence in form and substance satisfactory to DOE that the provisions set forth in Schedule 6.27(c) (Davis-Bacon Act Contract Provisions) and the appropriate wage determination(s) of the Secretary of Labor have been included in each Davis-Bacon Act Covered Contract existing as of the Effective Date or a Direct Agreement by each DBA Contract Party, (B) a certificate (or a confirmation included in a Direct Agreement executed by such DBA Contract Party) from each DBA Contract Party under each Davis-Bacon Act Covered Contract existing on or prior to the Effective Date to the effect that such DBA Contract Party has complied with the provisions set forth in schedule 6.27(c) (Davis-Bacon Act Contract Provisions), unless such contractor has certified that there is a substantial dispute with respect to such provisions and such dispute is being diligently pursued in good faith, and (C) the information required pursuant to the terms of the DBA Side Letter, if any.
Davis-Bacon Act. (i) DOE shall have received a certificate from the Borrower certifying that (A) the clauses set forth in Schedule 6.27(c) (Davis-Bacon Act Contract Provisions) and the appropriate wage determination(s) of the Secretary of Labor have been included in each Davis-Bacon Act Covered Contract existing as of such Requested Advance Date; and (B) the Borrower and each DBA Contract Party under each Davis-Bacon Act Covered Contract existing on or prior to such Requested Advance Date have taken all necessary steps to comply with and are in compliance (including retroactive compliance) with the Davis-Bacon Act Requirements.
Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractorsmust be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is other wise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
Davis-Bacon Act. Contract Provisions), the Borrower shall maintain such certified payroll records at a site designated by the Borrower and shall make such records available to DOE and the U.S. Department of Labor when necessary, and upon request, for purposes of an investigation or audit of compliance with prevailing wage requirements. Certified payroll records maintained by the Borrower shall be considered federal government records for the purposes of the Freedom of Information Act, 5 U.S.C. § 552. The Borrower shall provide such records to DOE within **** of receipt of any request for such records from DOE.
Davis-Bacon Act a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.
Davis-Bacon Act. (a) The Borrower and all DBA Contract Parties under each Davis-Bacon Act Covered Contract have taken all necessary steps to comply with and are in compliance (including retroactive compliance) with the Davis-Bacon Act Requirements.
(b) As of the Effective Date, there are no Davis-Bacon Act Covered Contracts except for those listed in Schedule 6.27(b) (Davis-Bacon Act Covered Contracts).
(c) If and to the extent construction, alteration or repair (within the meaning of 29 C.F.R. §5.5(a)) of the Project began prior to the Effective Date, the Borrower has prior to the Effective Date, retroactively adjusted, and caused each DBA Contract Party to retroactively adjust, the wages of each affected laborer and mechanic employed in the construction, alteration or repair of the Project prior to the Effective Date, and paid or caused to be paid to each such laborer or mechanic such additional wages, if any, as were necessary for such laborers and mechanics to have been paid at rates not less than those prevailing on similar work in the relevant locality during the period such work was performed, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act wage determinations attached to Schedule 6.27(c) (Davis-Bacon Act Contract Provisions).