Weatherization under the Recovery Act: Davis-Bacon Compliance and Performance

1. 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 http://epls.arnet.gov • 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 posterat jobsite • Must require flowdown of requirements to any subcontracts, or subgrants for performance of work

10. Resources • http://www.energy.gov/energyefficiency/weatherization.htm • www.dol.gov/esa/whd/recovery • http://www.dol.gov/esa/whd/recovery/AdvisoryLetterDOE.pdf • Also, through State Davis-Bacon Act agencies