Davis-Bacon Certified Payroll

Forms and Documents

Document Name	Status
SS 1235-0008 v4.1 (2023-08-19).docx Supporting Statement A	2023-08-21

IC Document Collections

IC ID	Document Title	Status
257500	Final Rule Recordkeeping	New
13827	Federal Construction Contract Weekly Payroll Information Instruction	Modified

ICR Details

OMB Control No: 1235-0008	ICR Reference No: 202212-1235-001
Status: Received in OIRA	Previous ICR Reference No: 202008-1235-001
Agency/Subagency: DOL/WHD	Agency Tracking No: Final Rule
Title: Davis-Bacon Certified Payroll
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/23/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2024
Responses	9,194,616	7,994,616
Time Burden (Hours)	7,464,975	7,461,642
Cost Burden (Dollars)	1,143,229	1,071,368

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Abstract: The Copeland Act requires contractors and subcontractors performing work on federally financed or assisted construction contracts to furnish weekly a statement with respect to the wages paid each employee during the preceding week. See 40 U.S.C. § 3145; 29 C.F.R. § 3.3(b). U.S. Department of Labor (DOL) Regulations 29 C.F.R. § 5.5 (a)(3)(ii)(A) requires contractors to submit weekly a copy of all payrolls to the federal agency contracting for or financing the construction project, if the agency is a party to the contract, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. Id. at § 5.5(a)(3)(ii)(B). The DOL has developed optional use Form WH-347, Payroll Form, to aide contractors and subcontractors performing work on federally financed or assisted construction contracts in meeting weekly payroll reporting requirements. Id. at § 5.5(a)(3)(ii)(A); see also, id. at § 3.3(b). Properly filled out, this form will satisfy the requirements of Regulations, 29 C.F.R. Parts 3 and 5 as to payrolls submitted in connection with contracts subject to the Davis-Bacon and Related Acts. The Department also adds a recordkeeping requirement to add a worker’s telephone number and email address to 29 CFR 3.4(b).

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Authorizing Statute(s): US Code: 40 USC 3145 Name of Law: Copeland Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1235-AA40	Final or interim final rulemaking	88 FR 57526	08/23/2023

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 15698	03/18/2022
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Federal Construction Contract Weekly Payroll Information	WH-347	Davis-Bacon Certified Payroll
Final Rule Recordkeeping

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	9,194,616	7,994,616	0	1,200,000	0	0
Annual Time Burden (Hours)	7,464,975	7,461,642	0	3,333	0	0
Annual Cost Burden (Dollars)	1,143,229	1,071,368	0	0	71,861	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The final rule includes two additional recordkeeping requirements (telephone number and email address), although it is not proposed that the records be added to the certified payroll form WH-347). As a result of these new requirements, the Department estimates an increase of 3,333 burden hours. The increase of $71,861 in cost burden reflect an increase in postage costs.

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Annual Cost to Federal Government: $10,281,964

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/23/2023

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