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South Dakota Prevailing Wage

South Dakota has never enacted a state prevailing wage law. Only federally funded construction projects are subject to Davis-Bacon prevailing wage requirements.

South Dakota does not have a state prevailing wage law. Federal Davis-Bacon Act still applies to federally funded construction projects over $2,000.

Prevailing Wage & Bidding in South Dakota

South Dakota has never enacted a state prevailing wage law, so there is no state-mandated wage floor or certified-payroll requirement for state, county, or municipal construction. When bidding most public work in South Dakota, you price labor to local market conditions and your real crew costs rather than to a published prevailing wage schedule. This typically allows leaner, more competitive bids and removes the administrative weight of weekly certified payroll on jobs funded solely with state or local dollars.

The key exception is federal money. Any project in South Dakota funded in whole or part with federal dollars and exceeding $2,000 is governed by the federal Davis-Bacon Act. On those jobs you must pay the U.S. Department of Labor wage determination for the project's county and trade classifications and submit weekly certified payroll (Form WH-347) to the contracting agency. Federally assisted highway, water/wastewater, tribal, and housing projects frequently carry Davis-Bacon, so review the funding source and any referenced wage determination before pricing labor.

The most common estimating mistake in a no-law state is assuming every public bid is wage-free and then encountering a federal funding trigger after award. Davis-Bacon rates and fringe obligations often exceed local open-shop wages, so that oversight can wipe out your margin. Before finalizing a South Dakota bid, confirm whether federal funds are involved, pull the applicable wage determination, and build certified-payroll administration into your overhead for those projects. On purely state or local work, you can bid to market rates with confidence and no state wage compliance burden.

State Status

Law
No state prevailing wage law
Agency
N/A — No state prevailing wage program
Certified Payroll
Not required at state level

Federal Davis-Bacon Coverage

The federal Davis-Bacon Act applies to all federally funded or federally assisted construction contracts over $2,000 in South Dakota. This includes projects funded by federal agencies, FHWA highway projects, HUD housing, and projects receiving federal grants.

  • Threshold: $2,000 for federal contracts
  • Certified payroll (WH-347) required weekly
  • Wage determinations via SAM.gov
Search Federal Wage Determinations

Key Facts

  • No state prevailing wage law has ever been enacted in South Dakota
  • Federal Davis-Bacon Act applies to federally funded projects over $2,000
  • South Dakota has never had state-level prevailing wage requirements

Penalties

Federal Davis-Bacon penalties apply to federally funded projects only.

Related Tools & Templates

Frequently Asked Questions

No. South Dakota does not have a state prevailing wage law. South Dakota has never enacted a state prevailing wage law. Only federally funded construction projects are subject to Davis-Bacon prevailing wage requirements.
Yes. The federal Davis-Bacon Act applies to all federally funded construction projects over $2,000 in South Dakota, regardless of state law. Contractors must pay the prevailing wage rate determined by the DOL for the project location.
South Dakota does not have a state-level certified payroll requirement. However, certified payroll (WH-347) is still required on any federal Davis-Bacon project in the state.
Federal Davis-Bacon penalties apply to federally funded projects only.
No. South Dakota has never enacted a state prevailing wage law, so state and locally funded construction is bid at market labor rates with no state wage schedule or certified-payroll requirement. Wage obligations arise only on federally funded projects over $2,000 under the federal Davis-Bacon Act.
Yes, but only on federally funded work. There is no state certified-payroll mandate, however any project receiving federal dollars and exceeding $2,000 triggers Davis-Bacon, requiring weekly certified payroll (Form WH-347) to the contracting agency for your crews and every subcontractor on the job.
Pull the U.S. Department of Labor wage determination for the project's county and map each trade to the correct classification, then price base wage plus fringe accordingly. These federal rates often exceed local market wages, so confirm the funding source early and account for certified-payroll administration in your overhead.

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