Wednesday, January 8, 2014

Change in Prevailing Wage Reporting Requirement as of January 1, 2014

RCW 39.04.370 requires that public works contracts contain a provision requiring that contractors submit on the Affidavit of Wages Paid form "certain information about off-site, prefabricated, nonstandard, project specific items produced under the terms of the contract and produced outside Washington." 

Reporting not applicable for contracts after January 1, 2014:  The law applies for public works contracts entered into between September 1, 2010 and December 31, 2013.  Therefore, for all public works contracts entered into on January 1, 2014 or later, the language should not need to be included in such public works contracts, and contractors on those contracts are not required to report the information on the Affidavit of Wages Paid. 

Reporting still applicable for older contracts:  However, for contracts entered into between September 1, 2010 and December 31, 2013, the reporting requirements for contractors still apply.

Review your contracts:  Public agencies should review their public works bid and contract documents to delete language related to this off-site prefabrication reporting requirement.  Often it is included in a section addressing bidder responsibility criteria.  See RCW 39.04.350 (1)(f).

Information to CPARB:  The Department of Labor and Industries will report information they have collected under this law to the Capital Projects Advisory Review Board (CPARB) for their review. 

Resources:  Here are some links giving more background about this requirement:
Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC

No comments: