The Davis-Bacon Compliance requires all laborers and mechanics employed by contractors or subcontractors who work on construction contracts in excess of $2,000 financed by federal assistance funds to be paid wages not less than those established for the locality of the project (prevailing wage rates) by the U.S. Department of Labor (DOL).

Local education agencies (LEAs) shall include in their construction contracts a provision that the contractor or subcontractor complies with those requirements and the DOL regulations. This includes a requirement for the contractor or subcontractor to submit a copy of the payroll and a statement of compliance (certified payrolls) to the LEA each week in which any contract work is performed.

During monitoring, the Kansas State Department of Education (KSDE) will request copies of the construction contracts and subcontracts that include the wage rate clauses. KSDE will also request the completed required certified payrolls and/or Optional Form WH-347 to determine whether the LEA complied with the Wage Rate Requirements established by the DOL.

LEAs that have paid for any part of construction with federal funds must have this documentation on hand and ready for review. Districts that don’t have all these reports readily available should contact their contractors and sub-contractors and collect copies of the documents.

The DOL, Employment Standards Administration, maintains a Davis-Bacon and Related Acts web page (https://www.dol.gov/agencies/whd/government-contracts/construction). Optional Form WH-347 and instructions are available on this web page.