On August 23, 2023, the Department published in the Federal Register the final rule, “Updating the Davis-Bacon and Related Acts Regulations. The final rule took effect on October 23, 2023.
On June 24, 2024, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction impacting the following three provisions of the final rule: (1) the provision within 29 CFR 5.2 codifying a distinction between material suppliers and contractors/subcontractors; (2) the provision within 29 CFR 5.2 requiring contractors and subcontractors to pay prevailing wages to delivery truck drivers they employ for onsite time that is more than de minimis; and (3) the provision at 29 CFR 5.5(e) directing that the DBRA apply via operation of law if a contracting agency erroneously omitted the provisions from covered contracts. In light of this injunction, these three provisions may not be implemented or enforced at this time. The remainder of the Department’s final rule remains in effect.
The information provided in the PWRB reflects the provisions of the recently published final rule revising the DBRA implementing regulations. As described in the Department’s recent final rule, “Updating the Davis-Bacon and Related Acts Regulations,” the provisions of that rule apply only to contracts entered into after October 23, 2023, with limited exceptions. The Department’s previous regulations apply to contracts entered into before that date. To access a prior version of the PWRB that describes the requirements applicable to contracts entered into before October 23, 2023, please email dgceinquiries@dol.gov. For additional information about the 2023 DBRA final rule, including its effective and applicability dates, see the DBRA Final Rule webpage.