Resource Library

The federal Davis-Bacon Act applies to federally funded or assisted construction contracts over $2,000 and requires contractors to pay workers the locally prevailing wage as determined by the U.S. Department of Labor. Oregon's prevailing wage law (ORS 279C.800-870) applies to state and locally funded public works contracts over $50,000 and uses wage rates set by the Bureau of Labor and Industries (BOLI). When a project receives both federal and state funding, contractors must comply with both sets of requirements and pay whichever rate is higher for each classification. Our Labor Standards Compliance Manual covers both frameworks and helps you navigate projects where both apply.

Under the updated 2023/2024 Davis-Bacon Act regulations, wage determinations for sealed bid contracts are generally locked in 10 calendar days before the bid opening date. However, if a revision is issued less than 10 days before, it applies unless the organization lacks sufficient time to notify bidders, with a 90-day limit for award.

Key rules:

10-Day Rule: Revisions to wage rates (SAM.gov) issued 10+ days before the bid opening must be incorporated.

Late Revisions: If issued less than 10 days prior, they may still apply unless it is not reasonable for the agency to notify bidders.

90-Day Rule: If the contract is not awarded within 90 days of the bid opening, the revised wage determination applies, and the contract must be amended.

The 10-day rule is a fallback protection, not an operating standard. Agencies that align their solicitation calendars with published wage determination cycles — and build in adequate award timelines — will rarely, if ever, face a situation where the 10-day question is consequential. The best practice is to make the rule irrelevant through proactive scheduling rather than reactive compliance.

This approach also strengthens grant compliance documentation, since funders and federal monitors look favorably on agencies that demonstrate systematic Davis-Bacon management rather than case-by-case reactive compliance. Given that Oregon agencies operate on electronic systems that will immediately notify interested proposers, DOL does not have to accept insufficient time to notify, which could result in findings.

Best Practice Framework

1. Anchor Bid Opening Dates to the Wage Determination Calendar. Schedule bid openings after the next anticipated wage determination update has already published. If the update cycle is known, set bid opening dates at least 14–21 days post-publication. This ensures the most current wage determination is already locked, no revision can arrive within the 10-day window, and bidders have full visibility into applicable rates before submitting.

2. Pull and Document Wage Determinations at a Fixed Pre-Bid Milestone. Establish an internal policy that wage determinations are pulled from SAM.gov at a fixed milestone — e.g., 30 days before bid opening — and incorporated into the solicitation documents at that time. Document the pull date and version number in the contract file.

3. Build a 90-Day Award Buffer into Project Timelines. Since the 90-day rule triggers a mandatory re-determination if award is delayed, project schedules should include realistic award windows. If procurement complexity or budget approval cycles risk pushing award past 90 days, either delay bid opening to compress the pre-award window, or budget for a possible wage amendment upfront in the project cost estimate.

4. Standardize a Wage Determination Amendment Protocol. For the inevitable cases where the 90-day clock runs out, agencies should have a pre-drafted amendment template and a designated responsible party (e.g., the contracting officer or project manager) to execute it without delay. Treating amendments as routine rather than exceptional reduces administrative friction.

5. Document "Reasonable Notification" Decisions. For any revision that does arrive within 10 days, document the agency's determination of whether reasonable notification to bidders was feasible. This creates an audit trail and protects the agency under the "reasonableness" standard in the Final Rule.