John Neighbours of Faegre Baker Daniels, LLP explains the background, results and implications of ICI’s inquiries into a recent Davis-Bacon question. [more]
The following new contractor requirements take effect for state and local public works contracts awarded after June 30, 2016. Exceptions include Build/Operate/Transfer, P3, Design-Build and Construction Manager as Constructor contracts.
A contractor of any tier with 10 or more employees must provide its workers with access to a training program applicable to the tasks performed by those workers. Training can be accomplished through an apprenticeship program offered by Ivy Tech or Vincennes University, a program established by or for the contractor, a program offered by an entity sponsored by the U.S. Department of Labor, Bureau of Apprenticeship and Training (US DOL-BAT), a program that results in the award of an industry recognized portable certification, or a program approved by the Federal Highway Administration (FHWA) or INDOT.
A prime or general contractor (G.C.) or a subcontractor, contracting with a prime/G.C., employs 50 or more journeymen, the contractor must also participate in an apprenticeship or training program meeting standards established by or approved by US DOL-BAT, Indiana Department of Labor, FHWA or INDOT.
A contractor in any tier must preserve payroll and related records for three years after completion of the project and make those records open to inspection by the Indiana Department of Workforce Development.
Prime/G.C. and subcontractors, contracting on local public works contracts of $150,000 or more, must now adhere to drug testing requirements that were only applicable on state contracts prior to July 1, 2016.
The new statutes also require public owners to follow new procedures regarding possible contractor violations and in contractor responsibility determinations. For violations involving E-Verify, federal or state minimum wage laws, workers compensation or unemployment compensation, the public agency will be required to refer the matter to the appropriate agency. For other violations involving the new requirements, the public agency shall require the contractor to remedy the violation within 30 days of notification. If the violation continues, the agency shall find the contractor not responsible for up to 48 months. A finding that a contractor is not responsible is subject to judicial review. However, a finding that a contractor is not responsible due to a violation of the new requirements may not be used by another public agency as the basis for finding that contractor not responsible.