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A10 DAVIS-BACON REQUIREMENTS <br />A10.1 SOURCE <br />2 CFR § 200, Appendix II(D) <br />29 CFR Part 5 <br />A10.2 APPLICABILITY <br />The Davis -Bacon Act ensures that laborers and mechanics employed under the contract receive pay no <br />less than the locally prevailing wages and fringe benefits as determined by the Department of labor. <br />Contract Types — <br />Construction — Incorporate into all construction contracts and subcontracts that exceed $2,000 <br />and include funding from the AIP. <br />Equipment—This provision applies to all equipment installation projects (e.g. electrical vault <br />improvements) financed under the AIP that exceed $ 2, 000. This provision does not apply to <br />equipment acquisitions where the equipment is manufactured at the vendor's plant (e.g. SRE <br />and ARFF vehicles) <br />Professional Services —The emergence of different project delivery methods has created <br />situations where Professional Service Agreements (PSAs) includes tasks that meet the definition <br />of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that <br />qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate <br />this clause. <br />Property— Ordinarily, land acquisition projects would not involve employment of laborers or <br />mechanics and thus the provision would not apply. However, land projects that involve <br />installation of boundary fencing and demolition of structures would involve laborers and <br />mechanics. The sponsor must include this provision if the.land acquisition project involves <br />employment of laborers or mechanics for a contract exceeding $2,000. <br />Fencing Projects — Fencing projects that exceed $2,000 must include this provision. <br />Use of Provision — MANDATORY TEXT. 29 CFR part 5 establishes specific language a sponsor must use. <br />The sponsor may not make any modification to the standard language. A/E firms that employ laborers <br />and mechanics on a task that meets the definition of construction, alteration, or repair are acting as a <br />contractor. The sponsor may not substitute the term "Contractor" for "Consultant" in such instances. <br />Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects <br />Issued on December 12, 2017 Page 29 <br />