VA Form 40-0895-2: Davis-Bacon Act Certification

VA Form 40-0895-2: Davis-Bacon Act Certification – VA Form 40-0895-2 is a required certification for state, tribal, or eligible county governments seeking grants through the U.S. Department of Veterans Affairs (VA) Veterans Cemetery Grants Program (VCGP). It ensures compliance with federal prevailing wage requirements under the Davis-Bacon Act for construction projects on veterans cemeteries.

What Is VA Form 40-0895-2?

VA Form 40-0895-2 is titled “Certification of Compliance with Provisions of the Davis-Bacon Act (40 U.S.C. 3141 – 3148).” This one-page form certifies that the authorized official has obtained the latest prevailing wage rates from the U.S. Department of Labor (DOL) and incorporated them into the construction contract for a Federally funded veterans cemetery project.

The form includes:

  • A certification statement confirming compliance.
  • Fields for project location, name and title of the authorized official, signature, and date.
  • OMB Number: 2900-0559 (expires October 31, 2026).
  • Estimated respondent burden: 15 minutes.

It applies specifically to grants for establishing, expanding, or improving state, tribal, or eligible county veterans cemeteries.

Purpose of the Davis-Bacon Act in VA Cemetery Grants

The Davis-Bacon Act requires contractors and subcontractors on federally funded or assisted construction contracts exceeding $2,000 to pay laborers and mechanics prevailing wages and fringe benefits determined by the DOL for the local area. This protects workers on public works projects and ensures fair compensation based on local standards.

For VA grants under 38 U.S.C. 2408 and 38 CFR Part 39, the form verifies that the grantee (state, tribal, or county government) has met these wage obligations before proceeding with construction. This is a key preapplication requirement in the Veterans Cemetery Grants Program.

Who Must Complete VA Form 40-0895-2?

  • Authorized officials from state governments, tribal organizations, or eligible county governments applying for VA veterans cemetery construction grants.
  • The certification is submitted as part of the preapplication package to the VA Veterans Cemetery Grants Service.

It is typically paired with other forms like SF-424, SF-424C, SF-424D, VA Form 40-0895-6, and others in the application checklist.

How to Obtain Prevailing Wage Rates for Compliance?

To complete the certification:

  1. Visit SAM.gov Wage Determinations to find the appropriate general wage determination for the project’s county, state, and construction type (e.g., building, heavy, highway).
  2. Incorporate the rates into bid specifications and the construction contract.
  3. If no suitable general wage determination exists, request a project-specific wage determination using Standard Form 308 (SF-308) through the contracting agency or DOL.

Wage determinations include basic hourly rates plus fringe benefits for various classifications (e.g., carpenters, electricians, laborers). Rates are updated periodically; use the most current applicable version at the time of bidding.

Step-by-Step Guide to Completing and Submitting VA Form 40-0895-2

  1. Download the form directly from the official VA source: Download VA Form 40-0895-2 PDF.
  2. Confirm you have obtained and incorporated the latest DOL prevailing wage rates.
  3. Fill in the project location and authorized official details.
  4. Sign and date the form.
  5. Submit as part of the preapplication to the VA via the specified process on cem.va.gov/grants/.

Note: The form is voluntary but required for grant eligibility. Incomplete or inaccurate certifications can delay or disqualify applications.

Importance of Compliance for Grantees and Contractors

Proper use of VA Form 40-0895-2 helps:

  • Avoid DOL enforcement actions, back wage payments, or contract termination.
  • Ensure project eligibility for full VA grant funding (up to 100% of certain costs in many cases).
  • Maintain transparency and protect workers on veterans cemetery projects nationwide.

Contractors must also maintain certified payroll records (e.g., using WH-347) and post wage determinations at the worksite.

For the most current information, always refer to official VA and DOL websites, as requirements and forms may be updated.

This article provides general guidance based on publicly available federal resources as of 2026. Consult the VA directly or a qualified advisor for project-specific advice.