Housing authority certified payroll: when Davis-Bacon applies and what you submit

When Davis-Bacon applies to housing authority work

It depends on the money, not on the owner. The Davis-Bacon Act applies directly where the federal government is a party to a construction contract over $2,000, but HUD's handbook says most HUD construction work is not covered that way. Davis-Bacon rates reach HUD programs through "Related Acts" instead. Common triggers:

The labor clauses in 29 CFR 5.5(a) go into contracts "in excess of $2,000" for construction "financed in whole or in part from Federal funds" and "subject to the labor standards provisions of any of the laws referenced by § 5.1". The Related Act's own thresholds, such as the 8 and 12 units above, apply on top of that floor. Other HUD programs have their own triggers, which the handbook says depend on dwelling units or the amount of HUD assistance. Read the labor clauses and wage determination in your bid documents. For jobs with both federal and state wage rules in California, see Davis-Bacon plus California prevailing wage and CDBG certified payroll in California. For other states, see certified payroll requirements by state.

Public housing maintenance uses HUD-determined wages

The same statute splits public housing work. Development laborers and mechanics get Davis-Bacon rates. Maintenance laborers and mechanics employed in the operation of the project get wages the Secretary of HUD determines or adopts. HACLA's page lists Labor Relations Letter LR 2004-01 for federally funded public housing maintenance, noting that weekly submission is no longer required. The letter, from HUD's Office of Labor Relations and dated October 26, 2006 (revision 1), calls itself "relief and interim guidance". It says HUD is ending the payroll submission duty for HUD-determined maintenance wages, keeps a 3-year records duty, and excludes Davis-Bacon construction work. HACLA still lists it, but this page could not confirm HUD's current position, so ask which rule your authority follows.

What you submit each week

For federally covered work, 29 CFR 5.5(a)(3) sets the baseline:

• A certified payroll for each week in which covered work is performed. The prime contractor is responsible for submitting all subcontractors' certified payrolls (5.5(a)(3)(ii)(A)).
• Any format that carries the required information. Form WH-347 is optional. Weekly transmittals must not show full Social Security numbers, last known addresses, phone numbers or emails; use an identifying number, such as the last four digits (5.5(a)(3)(ii)(B)).
• A Statement of Compliance with each payroll, signed by the contractor or the agent who pays or supervises payment of the workers. The certification on the reverse of the WH-347 satisfies it (5.5(a)(3)(ii)(C) and (D)).
• An original handwritten or legally valid electronic signature, under the regulation. 29 CFR 5.5(a)(3)(ii)(E) says the signature "must be an original handwritten signature or a legally valid electronic signature." HUD's handbook is stricter for the projects its chapter 4 covers: Local Contracting Agencies (LCAs), employers on Federal Housing Administration (FHA) projects, and HUD staff. Paragraph 4-3(D) of the January 2023 handbook calls for the original signature of the owner, an officer or an authorized designee, in ink, and says signature stamps, photocopies and facsimiles are not acceptable. Chapter 5, paragraph 5-10(K), words it as "an original signature, in ink or other permanent marker". The regulation accepts an electronic signature and the handbook asks for ink, so ask the authority in writing which rule its contract adopts. The detail is in ink or electronic signature on the Statement of Compliance.
• Records kept at least 3 years after all work on the prime contract is complete (5.5(a)(3)(i)(A) and (ii)(G)).

Where the payroll goes

It goes to the federal agency if the agency is a party to the contract, and otherwise to the applicant, sponsor, owner or other entity that keeps the records, which transmits it to the agency (5.5(a)(3)(ii)(A)). HUD's handbook says each employer submits weekly reports to the sponsor, applicant, or owner, and for HOME the jurisdiction must collect and review certified weekly payroll reports. If your contract does not name the recipient, ask the authority in writing.

Who chooses the payroll system

The regulation names no system. A contracting agency or prime contractor may permit or require an electronic system if it meets three conditions:

• It requires a legally valid electronic signature.
• It keeps payrolls available on request to the contractor, the agency and the Department of Labor for at least 3 years after the prime contract work is done.
• The agency or prime permits other methods where a contractor is unable or limited in its ability to use it.

Authorities choose differently. The table shows what each publishes, as read on November 4, 2026. The San Diego row is a state-law clause, not a Davis-Bacon rule; its guide has the context.

HUD's own documents name an electronic system under two different names and do not say whether it is the same system. Notice H 2015-09, issued October 5, 2015, says use of its "Davis-Bacon Electronic Certification Submission Program" will be mandatory after March 31, 2016 for projects less than 50% complete, including "all Public Housing Authority construction loans", and stays in effect until amended, superseded or rescinded. For FHA projects, the January 2023 handbook, paragraph 4-3(A), says employers are "highly recommended" to use the "HUD-authorized Electronic Payroll System (EPS)," so the notice and the handbook conflict there. Paragraph 5-10(B) speaks generally of "the HUD system in use for Electronic Payroll". This page could not confirm which governs now. On a HUD-financed construction loan, ask the HUD labor standards specialist which system applies to you, in writing.

HUD-11 employee interviews

Under 29 CFR 5.5(a)(3)(iv)(A), you must make your records available and permit authorized representatives to interview workers during working hours on the job. If you refuse, the federal agency may, after written notice, cause suspension of further payment, advance or guarantee of funds, and the refusal may be grounds for debarment (5.5(a)(3)(iv)(B)).

Which paragraph to cite

In the eCFR text, up to date as of November 3, 2026, the duty sits at (a)(3)(iv)(A). The handbook, dated January 2023, cites 29 CFR 5.5(a)(3)(iii) for it, but in the eCFR text (iii) covers contracts, subcontracts and related documents. If a clause cites the older number, find the same words in the current text.

The form is the inspector's, not yours

The handbook says inspectors, whether HUD or Local Contracting Agency staff or fee and contract inspectors, record each interview on form HUD-11, Record of Employee Interview. You do not submit it. Each worker is told the interview is confidential. For how an examiner checks the form against your payroll, see the HUD-11 employee interview form guide.

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