Does the Wage Rate Requirements – Section 1606 of the Recovery Act – apply to tribal construction contracts?
A. Exclusion of Section 1606 of the Recovery Act for tribal construction contracts is the same as the Indian Self Determination Education and Assistance Act’s (P.L. 93-638) exclusion, therefore, IHS is utilizing the P.L. 93-638 regulations for Davis Bacon wage determinations, which states Davis Bacon wages do not apply to tribal employees on construction contracts issued by tribes or tribal organizations. Davis Bacon wages do apply to non-tribal employees on these contracts.
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