Davis-Bacon compliance checklist for contractors

1 · START WITH THE CONTRACT

Confirm whether Davis-Bacon requirements apply

Do not assume every government, public works, or federally connected project follows the same requirements. Start with the contract and look for Davis-Bacon labor standards clauses, an applicable wage determination, federal funding or assistance information, agency-specific requirements, certified payroll instructions, and required clauses flowed down to subcontractors.

If applicability is unclear, obtain clarification from the contracting authority or a qualified professional rather than guessing.

• □Davis-Bacon labor standards clauses
• □Applicable wage determination
• □Federal funding or assistance information
• □Agency-specific requirements
• □Certified payroll instructions
• □Required subcontract flow-down clauses

2 · PRESERVE THE SOURCE

Identify the correct wage determination

The wage determination establishes prevailing-wage information by location, construction type, and worker classification. A Davis-Bacon prevailing wage generally combines the applicable basic hourly rate with the listed fringe-benefit amount.

Keep the source wage determination associated with the project. Do not rely solely on a rate copied into a spreadsheet.

• □Wage determination number and modification
• □Applicable construction type and location
• □Worker classifications
• □Base hourly rates
• □Fringe-benefit rates
• □Notes and special provisions

3 · MAP THE WORK

Map employees to the work they actually perform

Different classifications may carry different prevailing-wage requirements. Identify the classifications expected on the job, then review the work actually performed as the project progresses.

Do not assume a worker's normal company job title automatically answers the Davis-Bacon classification question.

• □Laborers
• □Painters
• □Carpenters
• □Electricians
• □Equipment operators
• □Truck drivers
• □Other classifications in the applicable determination

4 · KEEP THE COMPONENTS CONNECTED

Track base wages and fringe benefits together

The prevailing-wage obligation is not necessarily just the hourly cash rate. Current Department of Labor guidance explains that the Davis-Bacon prevailing wage includes the basic hourly rate plus applicable fringe benefits listed in the wage determination.

Contractors may satisfy qualifying fringe obligations through bona fide benefit plans, cash payments in lieu of fringes, or an appropriate combination, subject to applicable requirements.

• □Required base rate
• □Required fringe amount
• □Cash wage paid
• □Bona fide fringe contributions
• □Cash paid in lieu of fringe
• □Supporting records

5 · BEFORE WORK BEGINS

Establish the payroll schedule

Covered workers generally must be paid weekly, and contractors performing covered work must submit weekly certified payroll information. Define the recurring workflow before the first payroll period.

• □Workweek beginning and ending dates
• □Regular payday
• □Payroll preparer and reviewer
• □Authorized Statement of Compliance signer
• □Submission destination and deadline
• □Acceptance or submission proof

6 · SUPPORT THE WEEKLY RECORD

Maintain complete worker records

Weekly records should support the information being reported. Sensitive worker information must be handled carefully, including the identifying information that should and should not appear on submitted payroll records.

• □Employee identifying information
• □Worker classification
• □Daily and weekly hours
• □Straight-time and overtime hours
• □Rate of pay
• □Gross wages, deductions, and net wages
• □Fringe-benefit treatment
• □Project information

7 · EVERY COVERED WEEK

Prepare certified payroll

The Department of Labor provides Form WH-347 as an optional form for submitting certified weekly payroll information. Use of WH-347 itself is optional, but covered contractors and subcontractors still have weekly certified-payroll obligations under applicable rules and contract requirements.

• □Every covered worker included
• □Classifications and hours reviewed
• □Wage rates and fringe treatment reviewed
• □Deductions supported
• □Statement of Compliance completed
• □Authorized review and signature
• □Required record submitted
• □Proof of submission preserved

8 · CERTIFICATION

Do not overlook the Statement of Compliance

Certified payroll is more than a payroll report. Each certified payroll must be accompanied by the required Statement of Compliance. Treat certification separately from generating payroll figures.

• □Prepared
• □Reviewed
• □Signed
• □Submitted
• □Accepted or acknowledged where applicable

9 · LOWER-TIER VISIBILITY

Track subcontractors separately

The prime or upper-tier contractor may need visibility into whether lower-tier contractors are meeting applicable labor-standard requirements. Applicable labor clauses may need to flow into subcontracts, and subcontractor Davis-Bacon compliance may need monitoring.

• □Executed subcontract and labor clauses
• □Applicable wage determination
• □Workers and classifications
• □Weekly certified payroll status
• □Missing weeks and corrections
• □Insurance, credentials, and supporting documents
• □Final payroll status

10 · SUPPORT SPECIAL TREATMENT

Account for apprentices correctly

Lower apprentice rates are not automatically available simply because a worker is being trained. Department of Labor guidance describes requirements including individual registration in an appropriate registered apprenticeship program. Keep supporting documentation connected to the worker and project.

11 · ANOTHER CHECKPOINT

Review overtime carefully

Do not treat prevailing wages as eliminating other applicable overtime requirements. Review hours, classification, base rate, overtime calculation, fringe treatment, and other applicable federal or state requirements.

12 · FIND PROBLEMS EARLY

Create an exception-review process

Errors are easier to correct when found immediately. A useful system should surface the exception rather than forcing someone to compare every document manually every week.

• □Missing worker or payroll week
• □Incorrect classification
• □Rate below the tracked requirement
• □Fringe discrepancy
• □Unexplained deduction
• □Hours that do not reconcile
• □Unsigned Statement of Compliance
• □Missing subcontractor payroll
• □Duplicate or disconnected correction

13 · PRESERVE HISTORY

Keep corrected payroll connected to the original

Corrections happen. Maintain a clear record of what changed instead of replacing the prior record and losing history.

• □Original payroll
• □Identified issue
• □Corrected payroll
• □Correction date
• □Reviewer
• □Supporting explanation or evidence where required

14 · ONE PROJECT RECORD

Connect payroll with the rest of project compliance

Certified payroll should not exist in isolation. The same project may require insurance, licenses, safety records, subcontractor documents, material certifications, DBE documentation, domestic-preference records, testing, pay applications, waivers, and closeout records.

ContractorComply's public-works workflow keeps these categories in one compliance environment.

• □Certificates of insurance
• □Licenses and safety records
• □Subcontractor documentation
• □Material and testing records
• □DBE and domestic-preference records
• □Pay applications and waivers
• □Closeout evidence

15 · FINISH THE RECORD

Confirm final payroll and closeout records

When field work ends, do not assume the compliance workflow is finished. The current WH-347 includes a way to indicate the final DBRA certified payroll for the contractor or subcontractor.

• □Final week of work identified
• □Final certified payroll submitted
• □Corrections and missing weeks resolved
• □Subcontractor payroll complete
• □Supporting records stored
• □Final payment documents collected
• □Closeout completed
• □Records retained as required

THE REPEATABLE ROUTINE

A practical Davis-Bacon project checklist

The goal is not more paperwork. It is a connected chain: requirement → source document → responsible party → weekly record → exception → correction → submission → closeout.