Government contracting guide

Davis-Bacon Certified Payrolls: The Weekly Submission Clock, the Statement of Compliance, and the Records That Satisfy the 29 CFR 5.5 Evidence File

Payroll administrator reviewing paperwork in a U.S. construction site office

Davis-Bacon and Related Acts-covered contractors and subcontractors must submit certified payrolls weekly for each week covered work is performed. The payroll is due within seven days after the regular payment date for that payroll period and must include a signed Statement of Compliance. Contractors must preserve certified payrolls and supporting records for three years after all work on the prime contract is completed, and make required records available to authorized officials.

For related federal contracting notice and records guidance, see the government contracting notices hub.

Davis-Bacon certified payroll requirements

Requirement area	Rule and operational scope	Controlling authority
Applicability	Submit a certified payroll for each week in which DBA- or Related Acts-covered work is performed. The prime contractor is responsible for submission of subcontractor payrolls.	29 CFR 5.5(a)(3)(ii)(A)
Timing	Deliver each payroll within seven days after the regular payment date for that payroll period. The rule ties the deadline to the payment date, not to a universal calendar weekday.	29 CFR 3.4(a)
Delivery method and destination	Follow the contract and agency's designated process. The regulation provides for delivery to an agency representative at the worksite; if no agency representative is there, delivery to the agency by mail or another means normally assuring delivery within the seven-day period. When the Federal agency is not a party to the contract, the payroll goes to the applicant, sponsor, owner, or other record-maintaining entity for transmission to the agency.	29 CFR 3.4(a); 29 CFR 5.5(a)(3)(ii)(A)
Payroll information and certification	Report the required worker and payroll information accurately and completely. Each submission must include a Statement of Compliance signed by an authorized person.	29 CFR 5.5(a)(3)(ii)(B)–(E)
Exceptions and alternatives	Weekly transmittals must not include full Social Security numbers or workers' last known contact details. Use an individually identifying number. Electronic submission is permitted if the system meets the signature, access, and alternative-submission requirements.	29 CFR 5.5(a)(3)(ii)(A)–(B)
Retention and access	Preserve certified payrolls during the work and for three years after all work on the prime contract is completed. Preserve basic payroll records for the same period and provide records for authorized inspection, copying, or transcription.	29 CFR 5.5(a)(3)(i), (ii)(G), and (iv); 29 CFR 3.4(b)

Calculate the weekly submission deadline

The submission duty is weekly for every week in which covered work occurs. Under 29 CFR 3.4(a), the delivery deadline is within seven days after the regular payment date for the payroll period. A payroll calendar should therefore capture both the regular payment date and the corresponding submission deadline. "Weekly" alone does not establish a fixed weekday for every contractor.

The submission destination depends on the contract and the agency's role. When the Federal agency is a party to the contract, 29 CFR 5.5 directs the certified payroll to that agency. When it is not a party, the contractor submits to the applicant, sponsor, owner, or other entity maintaining the records, for transmission to the agency. The delivery provisions in 29 CFR 3.4 also describe delivery to an agency representative at the worksite or, if none is present, to the agency by mail or another means normally assuring delivery within the deadline. Confirm the designated recipient and process in the contract and agency instructions.

The prime contractor remains responsible for submission of all subcontractor certified payrolls. A practical control is to track each subcontractor's payroll period, payment date, due date, receipt status, and any correction or missing submission.

Construction payroll administrator organizing weekly payroll sheets at a desk

Prepare the certified payroll and Statement of Compliance

The weekly transmittal must accurately and completely report the required payroll information. This includes each worker's identifying number, classification actually performed, wage and fringe-benefit rates, daily and weekly hours, deductions, and actual wages paid. Full Social Security numbers and last known addresses, telephone numbers, and email addresses must not appear on weekly submissions. An individually identifying number, such as the last four digits of a Social Security number, is sufficient for the transmittal.

Contractors and subcontractors must retain the full worker identity and contact information in their basic records. A prime contractor may require a subcontractor to provide that information for the prime's own records, without including it in weekly agency transmittals. Required identity and contact data must be provided upon request to the appropriate agency or the Department of Labor as specified in 29 CFR 5.5.

Each certified payroll must be accompanied by a Statement of Compliance signed by the contractor, subcontractor, or the agent who pays or supervises payment of the workers on the contract. The statement certifies that:

The submitted payroll contains the required information and that the required basic records are maintained and correct.
Each laborer and mechanic, including helpers and apprentices, received the full weekly wages earned, without rebate, subject only to permissible deductions.
Each worker received at least the applicable wage rates and fringe benefits, or cash equivalents, for the classification or classifications actually performed.

The signature must be an original handwritten signature or a legally valid electronic signature. The properly executed certification on the reverse side of Optional Form WH-347 satisfies the Statement of Compliance requirement. Other payroll formats are also acceptable if they provide the required information and certification.

A contracting agency or prime contractor may permit or require electronic submission. The system must require a legally valid electronic signature, allow the contractor, contracting agency, and Department of Labor to access certified payrolls upon request for at least three years after completion of the prime contract, and permit another submission method when a contractor is unable or limited in using the system.

Maintain the supporting records and site posting

Regular payroll records must identify each covered worker by name, Social Security number, and last known address, telephone number, and email address. They must also show correct classifications, hourly wage and fringe-benefit rates, daily and weekly hours in total and on each covered contract, deductions, and actual wages paid. Retain these records for three years after completion of all work on the prime contract.

The record file should include more than the weekly transmittal. Retain supporting payroll records, copies of certified payroll submissions and Statements of Compliance, and relevant contract or subcontract records. Where applicable, retain supporting records for fringe-benefit plans and apprenticeship registration, as required under 29 CFR 5.5.

The on-site notice is a separate compliance element. Contractors and subcontractors must post the wage determination, including conformed classifications and rates, and the Davis-Bacon poster (WH-1321) at all times at the worksite. The posting must be prominent, accessible, and easy for workers to see. Maintain a posting record with the project file to document that the required materials were present.

Construction representatives reviewing a compliance form in a site office

Build a reviewable evidence file

Use a consistent folder or register structure for each covered project. A weekly transmittal log can record the payroll period, regular payment date, calculated deadline, recipient, submission method, date sent, receipt or confirmation, and correction status. Keep the filed payroll and signed Statement of Compliance together with that log.

Track the retention period from completion of all work on the prime contract, not simply from a subcontractor's last workday or final payroll. Set the disposal date only after confirming that the prime-contract completion trigger applies and checking for any other applicable record obligations.

Access controls should protect full Social Security numbers and worker contact details while allowing authorized personnel to produce complete records when required. Maintain a response log for requests from the contracting agency or Department of Labor. Record the request date, scope, requested production date, records provided, transmission confirmation, and any outstanding items. If a production extension is reasonably needed, document the request and the response. WHD considers reasonable extension requests, including factors such as record location and production volume. Failure to produce required records within WHD's requested time can preclude their introduction as evidence in a 29 CFR part 6 administrative proceeding.

Falsification of the required certifications may subject a contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. Failure to submit or make records available, or to permit worker interviews during working hours, may also lead to consequences described in 29 CFR 5.5(a)(3)(iv), including potential suspension of further payments after written notice and possible debarment proceedings.

Certified payroll evidence checklist

☐ Identify every week in which covered work was performed.
☐ Record the payroll period, regular payment date, seven-day deadline, recipient, and submission method.
☐ Reconcile the certified payroll for worker identifiers, classifications, rates, hours, deductions, and wages.
☐ Attach the signed Statement of Compliance with a valid handwritten or electronic signature.
☐ Retain full worker identity and contact data in the basic records, not on weekly transmittals.
☐ Save submission receipts, corrections, contract records, and required apprenticeship or fringe-benefit support.
☐ Document the WH-1321 and wage-determination posting at the worksite.
☐ Set the three-year retention clock from completion of all work on the prime contract.
☐ Log records requests, production dates, delivered materials, and any extension request.

For related record-control practices, see notice record retention guidance and the audit-trail framework.

Sources and review

Author: Penny Dunkin, National Compliance Registry Source review: National Compliance Registry Editorial Team Review date: October 28, 2026

This article provides general compliance information, not legal advice.