DBRA Requirements for EPA Subrecipients

Recipients of EPA subawards (including loans) are considered EPA subrecipients, and are required to comply with Davis-Bacon and Related Acts (DBRA) when entering into and managing DBRA covered contracts in excess of $2,000. In addition, when EPA subrecipients provide further subawards, they must ensure those subrecipients are also aware of, and comply with DBRA. By accepting this award, the subrecipient agrees to comply with the following provisions of DBRA:

1. Davis-Bacon and Related Acts 
   DBRA is a collection of labor standards provisions administered by the Department of Labor, that are applicable to Federal assistance agreements (grants) and subawards involving construction.  
2. EPA Subrecipient Responsibilities When Entering Into and Managing Contracts:
   1. Prior to Award of Contract:
      1. Include the Correct Wage Determinations in Bid Solicitations and Contracts:
         EPA recipients are considered contracting agencies and are responsible for complying with the procedures provided in 29 CFR 1.6 when soliciting bids and awarding contracts.
      2. Include DBRA Requirements in All Contracts: Include the following text on all contracts under this grant: 
         “By accepting this contract, the contractor acknowledges and agrees to the terms provided in the DBRA Requirements for Contractors and Subcontractors Under EPA Grants.”
   2. After Award of Contract: 
      1. Approve and Submit Requests for Additional Wages Rates:
         Work with contractors to request additional wage rates if required for contracts under this grant, as provided in 29 CFR 5.5(a)(1)(iii). 
      2. Provide Oversight of Contractors to Ensure Compliance with DBRA Provisions:
         Ensure contractor compliance with the terms of the contract, as required by 29 CFR 5.6.
3. EPA Subrecipient Responsibilities When Establishing and Managing Further Subawards:
   1. Ensure DBRA Requirements are Included in all Subawards (including loans) by including a link to the DBRA Requirements for EPA Subrecipients on all subawards.
   2. Provide Oversight to Ensure Compliance with DBRA Provisions:
      EPA subrecipients are responsible for oversight of EPA subrecipients to whom they provide subawards, and must ensure those subrecipients comply with the requirements in 29 CFR 5.6.
4. The contract clauses set forth in this Term & Condition, along with the correct wage determinations, will be considered to be a part of every prime contract covered by DBRA (see 29 CFR 5.1), and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Department of Labor grants a variance, tolerance, or exemption. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law.