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North Dakota Prevailing Wage

Where should I go to find current North Dakota Davis-Bacon rates?

To find current North Dakota Davis-Bacon rates please refer to this site which has a list of all Davis-Bacon Wage Determinations for North Dakota.  Please remember, you must refer to the bid spec in order to insure you are using the correct Wage Determination for your Prevailing Wage job.

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Where should sub-contractors file their paperwork for North Dakota Prevailing-Wage jobs?

Sub-contractors should file their paperwork with the General Contractor for their North Dakota Prevailing Wage job.  The General Contractor is responsible for submitting the paperwork to the ND contracting agency.

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Can you explain the rules governing apprentices on North Dakota Davis-Bacon projects?

In North Dakota, Certified Payroll Reports are always required to be completed and sent in on a weekly basis.  Please note, some ND contracting agencies may ask for additional paperwork, so it is very important to check with the contracting agency to confirm other necessary requirements.

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Can you explain the rules governing apprentices on North Dakota Davis-Bacon projects?

For North Dakota Davis-Bacon projects, there is no general training fund, a requirement to request apprentices or a state mandated apprenticeship regulation.  However, it is important to note that if the North Dakota contractor is contracted with a specific apprenticeship committee, the contractor must follow their committee’s apprenticeship regulations in addition to contributing to their training fund. Please note, Davis-Bacon apprenticeship wages are set by the specific apprenticeship committee governing the trade and are not part of the wage decision.

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What should I know while I wait my Special Prevailing Wage Determination for my North Dakota Davis-Bacon job?

While waiting for your North Dakota Special Prevailing Wage Determination you do have obligations under the DBRA. You must pay no less than the benefit and wage rates listed on the general Davis-Bacon wage decision for the lowest specialized trade that is most similar to your actual trade.  If for example, you are a plumbing contractor and cannot find “plumbers” on the wage decision, you would look for a similar specialized trade and pay no lower than that trade’s Prevailing Wage rate.  When the actual Special Prevailing Wage Determination arrives, if you paid lower than what was decided, you would have to adjust your payroll accordingly.

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How do I obtain a Special Prevailing Wage Determination for my Davis-Bacon project in North Dakota?

Special Prevailing Wage Determinations requests for your North Dakota Davis-Bacon project request should be requested from the federal Wage and Hour Division by either the officer or North Dakota Contracting Agency.  The Davis-Bacon & Related Act provisions contain a conformance procedure in order to establish an enforceable benefit rate and wage for missing/unlisted classifications.

    • A Standard Form 308 (SF-308) “Request for Determination and Response to Request” should be used by the agency (normally federal) to request the Wage Determination for your North Dakota project.  Please send the completed SF-308 to:  U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Branch of Construction Wage Determinations, Washington, D.C. 20210.  

It is very important to remember that project decisions are effective for 180 days and are applicable only to the particular project for which they are issued.  For example, if the project decision is not used in the period of its effectiveness, it is void. The contractor must initiate the request to the Agency or Contracting Officer by submitting a Request for Authorization of Additional Classification and Rate (SF1444).

Are there any special determinations or increases that will affect my Davis-Bacon project in North Dakota?

North Dakota, as a Davis-Bacon state, is governed by federal Davis-Bacon rules. It’s important to note that while Prevailing Wage rates are good for the life of the project and do not have pre-determined increases, special determinations can be requested by the awarding body on a per project basis. Please note, the special determination process will take at least 30 days.  The special determinations are specific to your particular Prevailing Wage job, and may include pre-determined increases.  North Dakota contractors will be provided with the special determinations by the awarding body or contracting agency.

How do I get my Davis-Bacon Wage Determinations for my North Dakota Prevailing Wage job?

It’s required that your North Dakota Prevailing Wage job’s DBRA Wage Determinations are contained within your bid documents.  If no Wage Decision is included, you will need to contact your contracting agency or awarding body.

How do I obtain Wage Decisions for my North Dakota Prevailing Wage job?

In North Dakota, the federal government’s Department of Labor determines the Prevailing Wage decision.  The DOL determines this rate by basing it on the hourly rate paid on public works projects to a majority of workers who are engaged in a particular type of craft, work, or classification.  The single or modal rate being paid to the greatest number of workers is the North Dakota Prevailing Wage Determination in the event that there is no single rate paid to a majority. The decision is also based on workers who are located within the locality or nearest market area.

In the state of North Dakota, how is Davis-Bacon compliance and auditing enforced?

Davis Bacon and Related Acts compliance and auditing is enforced by the contracting agency who also audits payroll records for compliance.  They hire inspectors to perform on-site inspections and interviews on your North Dakota Prevailing Wage job.  In the case where egregious errors are found during the investigation, the Department Of Labor may be brought in for further enforcement.

Who is responsible for handling Davis-Bacon compliance in North Dakota?

Initially, the contracting agency is responsible for enforcing DBRA compliance for your public works project.  The issue can be sent to the DOL Wage & Hour Division to further investigate if a contractor refuses to maintain compliance in North Dakota.

Is there such thing as a North Dakota Prevailing Wage law?

North Dakota does not have a state Prevailing Wage law, and as it relates to Prevailing wage laws, North Dakota is considered a Little Davis-Bacon (Davis Bacon state).  In North Dakota, all public works projects contracted by the state fall under the federal Davis-Bacon and Related Acts (DBRA) and public works projects are governed by the federal Department of Labor.

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