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Contract Provisions Guide 15 Davis-Bacon Act’s minimum wage provisions as well as various statutes with similar minimum wage provisions for federally assisted construction.25 5.1 Applicability For all prime construction contracts above $2,000, when the Davis-Bacon Act also applies,26 NFEs must include a provision in contracts and subcontracts for compliance with the Copeland “Anti- Kickback” Act.27 This requirement applies to all prime construction contracts above $2,000 in situations where the Davis-Bacon Act also applies.28 In situations where the Davis-Bacon Act does not apply, neither does the Copeland “Anti-Kickback” Act. As described in section A.4 regarding the Davis-Bacon Act, this provision only applies to certain FEMA grant and cooperative agreement programs. Please reference that list discussed above. Of note, it does not apply to the PA Program. 5.2 Additional Requirements If applicable, the NFE must do the following: Include a provision for compliance with the Copeland “Anti-Kickback” Act.29 According to the Davis-Bacon Act implementing regulations, the requirements for the Copeland “Anti-Kickback” Act are incorporated into the required contract provision for the Davis-Bacon Act by reference.30 Therefore, a separate contract provision is not necessary. However, the NFE may include a separate contract provision specific to the Copeland “Anti-Kickback” Act with language suggested below. The Copeland “Anti-Kickback Act” prohibits each contractor or subcontractor from any form of persuading a person employed in construction, completion, or repair of public work to give up any part of their rightful compensation. The NFE must report all suspected or reported violations of the Copeland “Anti-Kickback Act” to FEMA.31 Each contractor and subcontractor must provide weekly reports of the wages paid during the prior week’s payroll period to each employee covered by the “Copeland Anti-Kickback” Act and the Davis-Bacon Act. The reports must be delivered to a representative of a federal or state agency in charge at the building or work site by the contractor or subcontractor within seven days of the payroll period’s payment date.32 25 See 29 C.F.R. § 3.1. 26 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. §§ 3.1, 3.3(c). 27 2 C.F.R. Part 200, Appendix II, § D. 28 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. § 3.3(c). 29 See 29 C.F.R. § 3.11. 30 29 C.F.R. § 5.5(a)(5). 31 See 2 C.F.R. Part 200, Appendix II, § D. 32 See 29 C.F.R. § 3.4. ATTY/AGR.2025.317/Wood Rodgers, Inc. (Page 52 of 77)