Orange County NC Website
Davis-Bacon and Related Acts Provisions and Procedures: <br /> CFR Title 29 Part 5 <br /> Revised on: 1/18/2009 <br /> Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted <br /> Construction(Also Labor Standards Provisions Applicable to Non construction Contracts <br /> Subject to the Contract Work Hours and Safety Standards Act. <br /> 29 CFR 5.5-Contract provisions and related matters <br /> (a) The Agency head shall cause or require the contracting officer <br /> to insert in full in any contract in excess of $2,000 which is entered <br /> into for the actual construction, alteration and/or repair, including <br /> painting and decorating, of a public building or public work, or <br /> building or work financed in whole or in part from Federal funds or in <br /> accordance with guarantees of a Federal agency or financed from funds <br /> obtained by pledge of any contract of a Federal agency to make a loan, <br /> grant or annual contribution (except where a different meaning is <br /> expressly indicated) , and which is subject to the labor standards <br /> provisions of any of the acts listed in Sec. 5.1, the following clauses <br /> (or any modifications thereof to meet the particular needs of the <br /> agency, Provided, That such modifications are first approved by the <br /> Department of Labor) : <br /> (1) Minimum wages. (i) All laborers and mechanics employed or <br /> working upon the site of the work (or under the United States Housing <br /> Act of 1131 or under the Housing Act of 1949 in the construction or <br /> development of the project) , will be paid unconditionally and not less <br /> often than once a week, and without subsequent deduction or rebate on <br /> any account (except such payroll deductions as are permitted by <br /> regulations issued by the Secretary of Labor under the Copeland Act (29 <br /> CFR part 3) ) , the full amount of wages and bona fide fringe benefits (or <br /> cash equivalents thereof) due at time of payment computed at rates not <br /> less than those contained in the wage determination of the Secretary of <br /> Labor which is attached hereto and made a part hereof, regardless of any <br /> contractual relationship which may be alleged to exist between the <br /> contractor and such laborers and mechanics. <br /> Contributions made or costs reasonably anticipated for bona fide fringe <br /> benefits under section I(b) (2) of the Davis-Bacon Act on behalf of <br /> laborers or mechanics are considered wages paid to such laborers or <br /> mechanics, subject to the provisions of paragraph (a) (1) (iv) of this <br /> section; also, regular contributions made or costs incurred for more <br /> than a weekly period (but not less often than quarterly) under plans, <br /> funds, or programs which cover the particular weekly period, are deemed <br /> to be constructively made or incurred during such weekly period. Such <br /> laborers and mechanics shall be paid the appropriate wage rate and <br /> fringe benefits on the wage determination for the classification of work <br /> actually performed, without regard to skill, except as provided in <br /> Sec. 5.5 (a) (4) . Laborers or mechanics performing work in more than one <br /> classification may be compensated at the rate specified for each <br /> classification for the time actually worked therein: Provided, That the <br /> employer's payroll records accurately set forth the time spent in each <br />