What is an awarding body?
An awarding body is the entity that awards a contract for public works and is sometimes known as the project owner. The awarding body can be any kind of public agency (state, county, city, school board, water district, etc.) or a private entity using public funds (Labor Code, section 1722).
Do all trades need to be identified on the PWC-100 at the time projects are registered?
Awarding bodies should list information for all trades identified when they register projects (using the PWC-100 form). Awarding bodies are not required to provide information that is not available at the time of project registration.
What happens if an awarding body does not register a project within five days of awarding the contract for a public works project?
Failure to provide timely notice can jeopardize an awarding body’s ability to obtain state funding for a project. It can also compromise important objectives of the public works laws. An official who intentionally ignores this requirement may be subject to criminal prosecution.
If an awarding body has an annual open purchase order for over $1,000 for a registered contractor, does it need to report that contract only once a year?
Yes, an awarding body can report the master agreement to comply with the PWC-100 notice requirements. Individual task orders do not need to be reported.
What if an awarding body has a single small job for $250 or a series of jobs with the same contractor/vendor that total over $1,000?
Prevailing wage requirements apply to public works projects over $1,000. The law does not permit jobs to be parceled in order to avoid the $1,000 threshold. If the awarding body knows that total yearly project costs or projects awarded to the same vendor will exceed $1,000, that vendor must be registered with the DIR as a public works contractor, and the contract for those projects should be registered using the PWC-100 form.
If an awarding body is awarded a contract directly by a federal agency, must it comply with California public works law?
The awarding body must pay careful attention to whether the project is administered and controlled by the federal agency or the federal agency is only providing financial support or assistance to a project under the direction and control of a state or local agency. California’s prevailing wage requirements do not apply to projects awarded by and under the complete control of the federal government. However, federally funded or assisted projects that are controlled or carried out by awarding bodies in California, including most highway construction projects, are subject to the state’s prevailing wage laws. Those projects must comply with state requirements, including contractor and project registration, reporting certified payroll records, and payment of California’s prevailing wage rates, if they exceed corresponding Davis-Bacon rates.
Are awarding bodies required to use registered contractors or submit a PWC-100 for any of the following?
– Professional service contracts
– Mechanics who service vehicles at the local dealership or auto shop
– Engineering firms or construction managers hired to manage public works projects
– Design consultants, architects, and engineers performing professional design services
– Material or product suppliers
– BIM (Building Information Modeling) or CAD (Computer-Aided Design) consultants
– Consultants providing Division of State Architect inspection services;
– Trucking companies and truck drivers
– Furniture dealers who deliver and install furniture
– Community Conservation Corps certified by the California Conservation Corps
Awarding bodies are required to use registered contractors and register the project for any work subject to prevailing wage requirements. California’s public works prevailing wage requirements extend broadly to workers employed “in the execution of the public works contract” (Labor Code, section 1774). Coverage is not necessarily limited to work performed at the construction site by those in traditional construction trades. Awarding bodies and other interested parties can ask DIR’s Director to make a formal determination on whether a particular work or project is subject to public works requirements. Public works coverage determinations issued by the Director since 2002 are available online.
If the awarding body has not registered the project with the DIR, how can I submit my certified payroll records?
Projects must be registered with the DIR using the PWC-100 form in order for contractors and subcontractors to submit certified payroll records for those projects. You should contact the awarding body to confirm that the project was registered. If the awarding body has not registered the project, you should ask it to complete the registration as soon as possible. If you have made this request, but the awarding body still has not registered the project, please contact the DIR for further assistance at publicworks@dir.ca.gov.
