The Kansas prevailing wage landscape
Kansas once had one of the oldest state prevailing wage laws in the country, but the legislature repealed it in 1987, and the U.S. Department of Labor lists Kansas among states with repealed laws. In 2013, Kansas enacted legislation limiting local governments from imposing their own prevailing wage requirements on public construction.
For most state, county, city and school projects funded with Kansas money, contractors therefore pay market wages. The major exception is federal money.
When Davis-Bacon applies
The Davis-Bacon Act requires contractors and subcontractors on federal contracts over $2,000 for construction, alteration or repair of public buildings or public works to pay at least the locally prevailing wages and fringe benefits set by the Department of Labor. Davis-Bacon Related Acts extend these requirements to many federally assisted projects.
Common Kansas examples:
| Project type | Examples in Kansas |
|---|---|
| Military | Fort Riley, McConnell Air Force Base, Forbes Field |
| Federal facilities | VA medical centers, federal research facilities such as NBAF in Manhattan |
| Transportation | Many KDOT and local projects using federal-aid highway funds |
| Water and wastewater | Projects funded through federal programs and some state revolving funds |
| Housing | Certain federally assisted housing projects |
| Airports | Federally funded airport improvement projects |
The bid documents will state whether Davis-Bacon applies and will include the wage determination.
Reading a wage determination
A wage determination lists, for a specific county and construction type (building, residential, heavy or highway):
- Craft classifications, such as carpenter, electrician, laborer, operator.
- Base hourly rate and fringe benefit rate for each.
- Whether the rates are union-prevailing or survey-based.
Rural Kansas determinations can be lower or higher than local market wages for some crafts. Check every classification you will use, and make sure subcontractors price with the same determination.
Pricing Davis-Bacon in your estimate
- Labor rates. Use base rate plus fringe for each craft, or pay the fringe as cash where allowed.
- Labor burden. Add payroll taxes, workers' compensation and insurance on top of the wage.
- Crew mix. Classifications matter. Work must be paid at the rate for the classification actually performed.
- Apprentices. Apprentices may be paid apprentice rates only if they are in a registered program and ratios are followed.
- Compliance overhead. Weekly certified payroll (Form WH-347 or equivalent), posters, interviews and record keeping take office time.
- Subcontractor flow-down. Subs must comply, and the prime is responsible for their compliance.
Common Davis-Bacon mistakes
- Pricing with company rates when the determination is higher.
- Misclassifying workers to a lower-paid craft.
- Forgetting fringe benefits on overtime calculations.
- Missing the wage determination modification issued after bid documents were released.
- Underestimating the office cost of certified payroll on long projects.
How we price federal work
Our public works bid estimates build labor from the applicable wage determination, apply your burden, and show compliance overhead as its own line. Contractors near Manhattan and Wichita regularly bid Fort Riley and McConnell work this way. For the full public bid picture, see bidding public projects in Kansas.
This article is general information, not legal advice. Always follow the wage determination and labor provisions in your contract documents.
Frequently asked questions
Does Kansas have a prevailing wage law?
No. Kansas repealed its state prevailing wage law in 1987. In 2013 Kansas also enacted a law limiting local governments from requiring prevailing wages on their projects.
When does Davis-Bacon apply in Kansas?
Davis-Bacon applies to federal construction contracts over $2,000 and to many federally assisted projects under related acts, such as those funded by certain transportation, water, housing and other federal programs. The solicitation will include the applicable wage determination.
Where do I find the wage rates?
Wage determinations are published on SAM.gov and included in the contract documents. They list base hourly rates and fringe benefits by craft classification for the county and construction type.
How do Davis-Bacon wages affect my estimate?
Use the determination's base rate plus fringe for each craft instead of your normal rates, add labor burden on top, and include the administrative cost of weekly certified payroll and compliance. On rural Kansas projects, determination rates can differ significantly from local market wages.
Sources and further reading
- U.S. Department of Labor, Davis-Bacon and Related Acts
- U.S. Department of Labor, State prevailing wage laws (Kansas: repealed 1987)
- SAM.gov, Wage determinations
- U.S. Department of Labor, Form WH-347 certified payroll
This guide is general information for estimating and bidding, not tax or legal advice. Confirm requirements with the agency or jurisdiction that governs your project.