ARTICLE · 11 MAY 2021

The Biden Infrastructure Plan And The Davis Bacon Act

Husch Blackwell LLP

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It's coming. From all outward signs, it appears that the Biden Administration may be planning to use the "American Jobs Plan"

United StatesGovernment, Public Sector

Michael Schrier

It's coming. From all outward signs, it appears that the Biden Administration may be planning to use the "American Jobs Plan" - otherwise known as the proposed infrastructure plan - to expand the Davis Bacon Act ("DBA") and require the use of prevailing wages on all projects funded by any infrastructure bill ultimately passed by Congress.

The Davis Bacon Act (40 U.S.C. §§ 3141-3148), requires employers performing construction work under contract with the federal or District of Columbia government valued at more than $2,000 to pay their laborers and mechanics a prevailing wage and fringe benefits, at levels set on a regional or local level by the U.S. Department of Labor. Noncompliance with the DBA can potentially lead to severe penalties, including suspension, debarment, and even False Claims Act civil and/or criminal liability.

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