The Davis-Bacon & Related Acts (DBRA) requires that each contractor and subcontractor shall furnish, each week in which any contract work is performed, a weekly payroll to the State Highway Agency (SHA). Any Contractor or subcontractors performing work, under a South Dakota highway construction contract funded with either $2,000 or more of federal funds or with $100,000 or more of state funds, shall furnish copies of complete payroll reports together with the most recent SDDOT Statement of Compliance, Rev May-2013, form to the contracting agency. Incomplete payroll reports and payroll reports that do not include the most recent SDDOT Statement of Compliance Form will not be accepted. To avoid the suspension of contract pay estimates, each weekly payroll submitted must be accompanied with a signed "Statement of Compliance" form and must be sent to the SHA within seven days following the payment of wages, as stipulated in 29 CFR 3.4 and 29 CFR 5.9.
Note: U.S. Department of Labor's Final Rule, effective January 18, 2009, stipulates that full social security numbers and home addresses shall not be included on weekly payrolls. Each weekly payroll submitted to the SHA shall set out accurately and completely the following information for each laborer and mechanic that performed work on the site of the contract:
- Full name and Individual Identification Number of employee (i.e. last four digits of social security number); and
- His/her correct classifications for the types of work actually performed, regardless of skill; and
- Hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents); and
- Daily and weekly number of hours worked; and
- Deductions made; and
- Actual wages paid.
The Statement of Compliance form, signed by the contractor or subcontractor or his/her agent who pays or supervises the payments under the contract, shall certify the following:
- The weekly payroll contains the required information and that such information is correct and complete; and
- That each such laborer or mechanic employed on the contract during the payroll period has been paid the full weekly wages earned; without rebate - either directly or indirectly; and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR 3; and
- That each laborer and mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalent for the classification of work performed, as specified in the applicable wage decision incorporated in the contract.
The payroll report and certification form are legal documents; therefore, willful falsification of the documents may result in civil action and/or criminal prosecution.
Labor Compliance Forms:
Instructions for SDDOT Statement of Compliance & Certified Payroll Report
- Adobe PDF, Rev Apr-2013
SDDOT Statement of Compliance Form
- Word Document, Rev May-2013
SDDOT Certified Payroll Report with Instructions and FAQ's
- Excel 97 Document, Rev May-2013