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 Board entered into a construction
project contract totaling $1,199,653.00 that did not include prevailing wage rate clauses. As of
September 30, 2023, the Board had expended $599,826.50 of COVID-19 Education Stabilization
Funds (Elementary and Secondary School Emergency Relief) on the project. The Board did not
have controls in place to ensure the Davis-Bacon Act wage rate requirements were included in
construction contracts, therefore, the construction project contract was awarded during the fiscal
year that did not include prevailing wage rate clauses nor did the contractors 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.