[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR1006.345]



[Page 819-820]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 1006_NATIVE HAWAIIAN HOUSING BLOCK GRANT PROGRAM--Table of Contents

 

                     Subpart D_Program Requirements

 

Sec.  1006.345  Labor standards.



    (a) Davis-Bacon wage rates. (1) As described in section 805(b) of 

the Act, contracts and agreements for assistance, sale or lease under 

this part must require prevailing wage rates determined by the Secretary 

of Labor under the Davis-Bacon Act (40 U.S.C. 276a-276a-5) to be paid to 

laborers and mechanics employed in the development of affordable 

housing.

    (2) When NHHBG assistance is only used to assist homebuyers to 

acquire single family housing, the Davis-Bacon wage rates apply to the 

construction of the housing if there is a written agreement with the 

owner or developer of the housing that NHHBG assistance will be used to 

assist homebuyers to buy the housing.

    (3) Prime contracts not in excess of $2000 are exempt from Davis-

Bacon wage rates.

    (b) HUD-determined wage rates. Section 805(b) of the Act also 

mandates that contracts and agreements for assistance, sale or lease 

under the Act require that prevailing wages determined



[[Page 820]]



or adopted (subsequent to a determination under applicable State or 

local law) by HUD shall be paid to maintenance laborers and mechanics 

employed in the operation, and to architects, technical engineers, 

draftsmen and technicians employed in the development, of affordable 

housing.

    (c) Contract Work Hours and Safety Standards Act. Contracts in 

excess of $100,000 to which Davis-Bacon or HUD-determined wage rates 

apply are subject by law to the overtime provisions of the Contract Work 

Hours and Safety Standards Act (40 U.S.C. 327).

    (d) Volunteers. The requirements in 24 CFR part 70 concerning 

exemptions for the use of volunteers on projects subject to Davis-Bacon 

and HUD-determined wage rates are applicable.

    (e) Other laws and issuances. The DHHL, contractors, subcontractors, 

and other participants must comply with regulations issued under the 

labor standards provisions cited in this section, and other applicable 

Federal laws and regulations pertaining to labor standards.