Weatherization under the Recovery Act: Davis-Bacon Compliance and Performance Jean Seibert Stucky National Association for State Community Services Programs September 17, 2009, Minneapolis, Minn.

2 DOE Responsibilities To ensure the proper application of Davis-Bacon requirements in ARRA weatherization projects

3 DOE Responsibilities Must ensure that bids, solicitations, contracts, and grants include – applicable wage determinations and DOL standard DBA contract clauses Must require flowdown of requirements to any contracts, subcontracts, or subgrants for performance of work Retains authority to investigate, monitor and enforce DBA requirements Reviews payrolls Will conduct compliance audits with the States

4 Responsibilities: Grantees/States Have primary responsibility to DOE for DBA compliance, flowdown, and monitoring – Responsible for making sure there are WDs Ensure eligibility of any contractors or subcontractors used Must require inclusion of DBA clauses and flowdown of requirements to any and all subcontracts, or subgrants for performance of work Must provide WDs to contractors and subs at least 10 days before soliciting bids

5 Additional Responsibilities: Grantees/States Investigate potential violations or complaints Are DOE’s primary contacts for compliance audits Cooperate in any DOL investigations

6 Additional Responsibilities: Grantees/States Beginning with the first week of the project, review and maintain certified payrolls and basic records submitted by employers during the course of the work (WH-347) Preserve them for a period of three years after the completion of the project Ensure that all laborers and mechanics are paid on a weekly basis

7 Responsibilities: Local Agency (Community Action Agency) Ensure that all laborers and mechanics are paid on a weekly basis Ensure most current WDs used Ensure appropriate DBA clauses are included in any bids and contracts they issue Inform any contractors or subcontractors of DBA requirements Review certified payrolls and submit to State Conduct on-site investigations and cooperate in any other investigations

8 DBA: Employer Responsibilities Maintain certified payrolls and basic records during the course of the work (WH-347) Beginning with the first week of the project, submit weekly certified payroll records to the contracting and administering agency or to their prime contractor grantee (if they are a subcontractor or subgrantee) Preserve them for a period of three years after the completion of the project

9 Employer Responsibilities, cont. Ensure that all laborers and mechanics on a project funded or assisted in whole or part with Recovery Act funds are paid DBA wages and benefits on a weekly basis Must post DOL’s DBA wage determination and poster at jobsite Must require flowdown of requirements to any subcontracts, or subgrants for performance of work

10 Resources therization.htm therization.htm ryLetterDOE.pdf ryLetterDOE.pdf Also, through State Davis-Bacon Act agencies