The One New Year’s Resolution You’ll Want to Keep if You’re Involved in Public Works Projects
New Year’s resolutions are hard to keep.
In fact, studies (which I have a sneaking suspicion may have been paid for by the tobacco, donut and vacation timeshare lobbies) have found that only 8% of New Year’s resolutions are kept.
But, here’s one you’ll want to make sure you keep.
Mandatory Registration and Notice Requirements
If you’re a public works contractor or subcontractor you only have until March 1, 2015 to register through the California Department of Industrial Relations (“DIR”) to bid and enter into public works contracts on state and local public works projects.
And if you’re a state or local public agency you must provide notice of the DIR’s new registration requirements in all call for bids and contract documents beginning January 1, 2015.
As we posted earlier, the new requirements were part of Senate Bill 854 signed into law by Governor Jerry Brown this past June and which went into effect immediately, meaning, that if you’re a public works contractor or subcontractor and haven’t registered yet or a state or local public agency and haven’t updated your call for bid forms and contract documents yet, you should get on it pronto.
Requirements for Contractors and Subcontractors
Under the new law, public works contractors and subcontractors are subject to the following new requirements:
- Annual Registration: Public works contractors and subcontractors must register with the DIR annually. The current registration fee is $300 fee. While this requirement went in to effect on July 1, 2014, unregistered contractors and subcontractors may not be listed in a bid after March 1, 2015, and may not work on a public works project after April 1, 2015.
- Electronic Submission of Certified Payroll Records: Public works contractors and subcontractors will be required to electronically submit certified payroll records on a new certified payroll form to be provided by the DIR. Electronic submission of certified payroll records will be required on all public works projects awarded after April 1, 2015 and all public works projects, irrespective of when awarded, beginning January 1, 2016. In addition, the California Labor Commissioner may in its discretion: (a) require contractors and subcontractors to electronically submit certified payroll records; and (b) excuse contractors and subcontractors who would otherwise be required to electronically submit certified payroll records on projects under the jurisdiction of one of the four legacy DIR-approved labor compliance programs (CalTrans, City of Los Angeles, Los Angeles Unified School District, and County of Sacramento) or if the project is covered by a qualifying project labor agreement.
Requirements for Public Agencies
Under the new law, state and local public agencies are subject to the following new requirements:
- Electronic Submission of PWC 100 Form: State and local public agencies must electronically submit a PWC 100 form within 5 days of the award of every public works contract. This requirement went into effect on July 1, 2014. PWC 100 forms can be submitted electronically on the DIR website.
- Notice Requirements: Beginning January 1, 2015, state and local public agencies must include the following information in all call for bids and contract documents: (a) no contactor or subcontractor may be listed on a bid proposal for a public works project unless they are registered with the DIR; (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR; and (c) work performed on the project is subject to compliance monitoring and enforcement by the DIR.
- Rejection of Bids Submitted by Unregistered Contractors: Beginning March 1, 2015, state and local public agencies may not accept a bid from a contractor that is not registered with the DIR. Public agencies can confirm whether a contractor is registered on the DIR website.
- No Contracts With Unregistered Contractors: Beginning April 1, 2015, state and local public agencies may not enter into a contract with a contractor that is not registered with the DIR.
- Job Site Notices: On a date yet to be determined, state and local public agencies must post, or require its direct contractor to post, job site notices in compliance with Title 8 of the California Code of Regulations Section 16451(d).
Further information on the new requirements can be found on the DIR website.
California Construction Law Blog | Nomos LLP 
5 Responses to “The One New Year’s Resolution You’ll Want to Keep if You’re Involved in Public Works Projects”
Valuable post . I was fascinated by the information ! Does someone know if my assistant might obtain a sample CA DAS 140 example to fill out ?
You can find a copy here – http://www.dir.ca.gov/das/DASForm140.pdf
[…] we wrote earlier, legislation signed into law this past year, SB 854, now requires that public works contractors and […]
Wow, what a great update on the new requirements on Public Works projects. As an outsider, it seems as though contractor and subcontractor compliance will be more bureaucratic and more expensive, but hopefully there will be some advantages to come from this. I look forward to reading an update later this year on the effectiveness!
Thanks Mark. Happy New Year and I hope you have a great 2015!