All contractors and subcontractors who bid on or participate in construction-related public works projects in New Jersey must register with the New Jersey Department of Labor and Workforce Development. What happens if a client does not register a project for a public works project within 30 days of the contract award? Failure to notify in a timely manner may compromise the ability of a procuring entity to obtain public funding for a project. It can also jeopardize important objectives of public construction laws. An official who intentionally ignores this requirement may be prosecuted. Are there any exceptions to the registration requirement? The contractor registration requirement does not apply to contractors working exclusively on public works projects awarded before April 1, 2015. Some exceptions allow contractors to bid on government-funded projects or submit joint venture bids without first being registered, provided that the contractors who are parties to the joint venture and joint venture are registered at the time the contract is awarded. Contractors who work exclusively on small public works projects are not required to register as a public contractor or submit certified electronic payroll reports for these projects. Contractors are also required to keep certified payroll records on an ongoing basis and make them available to the Labour Commissioner`s office upon request. In addition, contracting entities are not required to submit the contract award notice via DIR`s PWC-100 system for projects covered by the small project exemption. The exception for small projects applies to all public works that do not exceed: (3) Landscape Management. See Article 21002 of the Public Procurement Act. Exception: Landscaping work by “sheltered workshops” is excluded. Who is a public contractor? A public contractor is any person who offers or enters into a contract for the performance of work that requires the payment of applicable wages.
This includes subcontractors who have entered into a contract with another contractor for the performance of part of the work on a public works project. This includes sole proprietors and brokers who are responsible for carrying out the work on a public construction project, even if they do not have employees or will not use their own employees to carry out the work. How much does it cost to register and how long does it take? Registration costs $400 and covers a fiscal year (July 1 to June 30), regardless of the contractor`s registration date. Registration can be extended by 3 years. If you are working on a public construction project or submitting a bid, you are considered a public contractor. The term “public contractor” includes subcontractors. All public contractors must perform four main tasks. What happens if I do not register (i.e., what are the consequences of non-compliance)? Contractors who need to register, but do not, are not eligible for or working on a public works contract and may be excluded from any public works project they are currently working on.
For a single offence over a 12-month period, a contractor who is otherwise entitled to it can still register by paying a fine of $2,000 in addition to the $400 registration fee. Registered contractors who do not accidentally renew before June 30, but continue to work on public works after that date, have a 90-day grace period to extend retroactively by paying a penalty of $400 in addition to the registration renewal fee. How long does it take dir to process contractor registrations, review submitted information, and publish information per contractor in the online registration list? This process may take less than 24 hours if the registration fee (including penalties, if any) is paid by credit card. Verification of payment by other means can take up to eight weeks. Contracting entities are required to designate registered contractors and register the project for all work subject to applicable wage requirements. The wage requirements in effect for public works in California extend largely to workers employed “in the performance of the public works contract” (Labor Code, Section 1774). Coverage is not necessarily limited to work performed on the site by persons in traditional construction occupations. Contracting entities and other interested parties may request the Director of the DIR to take a formal decision as to whether a particular work or project is subject to public works requirements. The provisions issued by the Director since 2002 on the declaration of public works are available online. A contractor working only under federal contracts required for registration? Registration is only required to promote or process public works projects that are subject to applicable State of California salary requirements. Registration is not required for projects awarded by and under the full control of the Confederation.
However, federally funded or supported projects that are controlled or executed by law enforcement agencies in California are subject to applicable state wage laws and therefore require registration. Article 1720(a) of the Labour Code defines public works as construction work and other listed tasks related to construction (including “maintenance”, see LC § 1771) performed under contract and paid in whole or in part with public funds. Anyone working on a public construction project must receive the wages set by DIR. Projects valued at $30,000 or more must meet DIR`s training requirements. Failure to comply with public works requirements may result in civil penalties, criminal prosecution, or both. (2) Carpentry, electricity, plumbing, glazing, [repair paint] and other handicrafts intended to maintain the public or public facility in a safe, efficient and permanently usable condition for which it was intended, including repairs, cleaning and other work on machinery and other equipment firmly attached to the building or property as accessories. How do I get a list of all registered contractors? The name and registration number of each contractor who has registered with the DIR can be found using the Public Contractor Search tool. For an up-to-date list of all registered contractors, enter the % percent sign in the “Official Contractor Name” field. Do clients need to use registered contractors or submit a PWC-100 for any of the following? Who must register as a public contractor? Anyone who meets the definition of a public contractor (above) must register with the DIR. To view the list of public contractors with an active record, use: Maintenance. Includes: (1) routine, recurrent and customary work to maintain, protect and maintain a public or public facility (plant, building, structure, ground installation, utility system or real property) for its intended purpose in a safe and permanently usable condition for which it was designed, improved, constructed, modified or repaired. For more information on the registration process, please see our FAQ.
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