Finding Text
Title 29, U. S. Code of Federal Regulations, Part 5, Sub-Part A Davis Bacon and Related Acts
Provisions and Procedures (the “Davis-Bacon Act”), requires that any construction contract in
excess of $2,000 that is funded wholly or in part by federal funds include prevailing wage rate
clauses. The laborers and mechanics employed by contractors or subcontractors to work on
construction contracts in excess of $2,000 financed by federal assistance funds must be paid
wages not less than those established for locality of project (prevailing wage rates) by the
Department of Labor (DOL) and the contractor or subcontractor must submit to the nonfederal
entity weekly, for each week in which any contract work is performed, a copy of the payroll and
a statement of compliance (certified payrolls). During fiscal year 2023, the Marengo County
Board of Education (the “Board”) entered into a construction project contract that did not include
the prevailing wage rate clauses. The Board did not have adequate controls in place to ensure the
Davis-Bacon Act wage rate requirements were included in construction contracts; therefore, a
construction project contract was awarded during the fiscal year that did not include prevailing
wage rate clauses. Even though the contract did not include the prevailing wage rate clauses, the
contractor did submit weekly certified payrolls to the Board. As a result, the Board is not in
compliance with the Davis-Bacon Act as it pertains to wage rate requirements.