Important Notice for projects utilizing ARRA funding

There are two important requirements that are applicable to projects which utilize ARRA funding sources - the Buy American provision, and the Davis-Bacon wage requirements.

Buy American - Use of American Iron, Steel, and Manufactured Goods
ARRA funding recipients may not use any funds obligated under this award for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.

Davis - Bacon
District construction projects funded in whole or in part with ARRA funds are subject to the Davis-Bacon and Related Acts which apply to contractors and subcontractors performing on federally funded or federally assisted contracts in excess of $2,000 for the construction, alteration, or repair of public buildings or public works.

Many districts are choosing to use a portion of their ARRA funding to complete a variety of renovation projects in schools. Many districts are also choosing to use a portion of their ARRA funding derived through special education allocations for minor renovations. These projects are all subject to Davis-Bacon requirements if the cost exceeds $2,000.

A Davis-Bacon compliance guide can be found at: http://www.dol.gov/compliance/guide/dbra.htm . Please review this information as appropriate to be certain that districts and contractor's are in compliance with wage, reporting , and other requirements of Davis-Bacon. Davis-Bacon is the federal version of "prevailing Wage" requirements in NY. Employees on Davis-Bacon projects must be paid the minimum local prevailing wage for the type of work. Those rates can be found on-line through the wage and hour division of the federal department of Labor at: http://www.dol.gov/whd/contracts/dbra.htm .

There may be differences between the Federal and New York requirements, and districts are urged to become familiar with all applicable provisions.