Section 8-A2556. DAVIS-BACON ACT

 

2556.1The contracting officer shall include a clause in each solicitation and contract subject to the provisions of the federal Davis-Bacon Act (Act of March 3, 1931, as amended, 40 U.S.C. §276a, also referred to in this section as "this Act") which specifies the requirements of this Act for payment of minimum wages to various classes of mechanics and laborers, place and frequency of payments, and posting of scales of wages on the worksite.

 

2556.2In accordance with this Act and federal regulations (48 C.F.R. §22.4 and 29 C.F.R. §5.1), the contract clause required under this section shall be included in each solicitation or contract in excess of two thousand dollars ($2,000) when the procurement is for construction, alteration, or repair (including painting and decorating) of any public buildings or public works in the United States.

 

2556.3The Director shall ensure that the clause inserted in solicitations and contracts under this section clearly states that the requirements of the clause are applicable to both contractors and subcontractors.

 

2556.4Violations of this Act shall be reported to the contracting officer by the contract administrator or other official or inspector of work under a contract. The contracting officer make a full report of the violations to the Director, including an accounting of funds due and recommendation for withholding of payments to the contractor to cover any underpayment of compensation, refunds, or rebates.

 

2556.5When a violation is reported to the Director, the Director shall take action to pursue enforcement of this Act including, in the discretion of the Director, suspension or termination of work by the contractor and withholding of payments to the contractor, in accordance with applicable federal regulations and procedures.

 

source

Final Rulemaking published at 35 DCR 5822 (July 29, 1988).