ARRA - Weatherization Davis-Bacon Policies

Davis Bacon Policy for ARRA / Weatherization Funding

  1. Must state in Solicitation for bids that this is a project subject to Davis Bacon Wage rates.  You must send a copy of your bid documents to the Davis Bacon Compliance person at MFA.

     

  2. Davis Bacon Wage Rates for Counties in New Mexico are attached. They can also be found at: http://www.gpo.gov/davisbacon/nm.html. 

     

  3. Each County will have a different wage rate.  Every task that is done to weatherize a house should fall under the description of work for each Wage Determination.  Do not use the regular DOL classifications.

     

  4. Once you have selected a contractor, go to https://www.epls.gov to verify that the Contractor is legally entitled to bid on government funded projects. Print out a copy of this and sent it to the Program Manager at MFA. Keep a folder of each contractor.

     

  5. Your contract with the Contractor must contain the following language. http://www.hud.gov/offices/adm/hudclips/forms/files/4010.pdf When you have signed copies of the contract, you must send copies of the contract to the Davis Bacon Compliance person at MFA.

     

  6. Once the project has started, the Prime Contractor is responsible for sending weekly certified payrolls with original signatures for all the laborers and mechanics the Prime Contractor hires as well as certified payroll sheets from all the sub-contractors to the MFA Davis Bacon Compliance person within 7 days of the payroll date.   The MFA Davis Bacon Compliance person will verify that the accurate wage rates are used for each wage classification in the county where the work is performed. The wage rates can be found at http://www.dol.gov/whd/recovery/dbsurvey/weatherNM.htm.

     

  7. If the payrolls are not filled out correctly, the MFA Davis Bacon Compliance person will notify the Service Provider Davis Bacon Liaison and they will have 10 days to submit a corrected payroll.  If restitution in needed, the Service Provider has 30 days to pay the additional wages due.  If corrections are not made by the Service Provider in a timely manner, the MFA Davis Bacon Compliance Person will contact the Project Manager to hold all payment of ARRA invoices for that Service Provider until the issue of non-compliance is resolved.

     

  8. The Service Provider is responsible for posting the Davis Bacon Poster at the construction site.  The poster is available at: http://www.dol.gov/whd/regs/compliance/posters/davis.htm

     

  9. Within 3 months of signed contract between the Service Provider and sub-contractor, the Service Provider shall go to a home while the weatherization work is being done and interview every sub-contractor’s employees working at the site using Form HUD-11, which can be found at: http://www.hud.gov/offices/adm/hudclips/forms/files/11.doc to ensure that what contractors are certifying is really what is being paid to laborers. The completed form must be submitted to MFA within 10 days. MFA will verify the interviews.

     

  10. MFA will interview the Service Provider’s employees once a contract year, using Form 1445 

     

  11. On July 1st of each contract year, the MFA Davis Bacon Compliance Person will meet with the Project Manager to request a copy of the Service Provider’s contract, non-debarred verification, and the benefits policy. The Service Provider will provide a copy of the fringe benefits policy from the Service Provider’s employee manual every contract year and verification of non-debarment. 

     

  12. MFA will keep all records from MFA, contractors, and sub-contractors for 3 years after the end of the ARRA contract.

 If you have any questions, please contact Nicole Sanchez-Howell.