1) When is the prevailing wage rate used?
2) What is the definition of a public works or related projects?
3) Are there project monetary thresholds?
4) Are any types of projects specifically exempted?
5) What is included in the calculation of wage rates?
6) Who calculates the prevailing wage rates?
7) Enforcement: what are the penalties for violations? Criminal or fines?
8) Can contractors be debarred?
9) Are there posting requirements?
10) Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
11) Record Maintenance?
12) Are there any provisions which discuss apprentices?



ARKANSAS

Can contractors be debarred?

A.) Every contract within the scope of this sub-chapter shall contain the provision that in the event it is found by the contracting officer or public body that any laborer or mechanic employed by the public body or by the contractor or subcontractor, if any, directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid, the pubic body concerned may, by written notice to the contractor, terminate the contractor=s right to proceed with the work or such part of the work as to which there has been a failure to pay the required wages and to prosecute the work to completion by contract or otherwise, and the contractor and his sureties shall be liable to the public body concerned for any excess costs occasioned thereby. (22-3-312)

B.) ( 1) Any contractor or subcontractor determined by the department to have violated the provisions of this sub-chapter shall be ineligible to bid on or be awarded any public works contract or to perform any construction work in any manner for any public body for a period of two (2) years from the date of the final administrative determination.
(2) Any firm, partnership, corporation or other entity in which such ineligible contractor is an officer, stockholder, or has a financial
interest, or supervises or directs work shall be ineligible to bid on or be awarded any public works contract or perform any construction work in any manner for any public body for a period of two (2) years after the date of such determination. (22-9-314)

C.) Notwithstanding the provisions of subsection (a) of this section, any contractor or subcontractor may complete any work in progress or contract awarded prior to the date of the contractor=s or subcontractor=s ineligibility. (22-9-314)

D.) ( 1) The department shall compile a quarterly list which
shall include:

  • (A) The names of all contractors which, by a final administrative determination, have been found to be in noncompliance with the provisions of this sub-chapter after January 1, 1996, and within the previous two (2) years as of the date of such list; and
  • (B) The dates on which the latest violations of such contractors occurred.

(2)

  • ( A) Upon request, the department shall mail such quarterly
    list to any public body in this state which may award public works contracts.
  • (B) It shall be the duty of the public body to hold such contractor ineligible to bid on or to be awarded any public works contract or to perform any construction work in any manner for the public body pursuant to subsection (a) of this section. (22-9-314)

E.) Any contractor or subcontractor shall submit a bid, be awarded a contract, or begin performance of construction while ineligible pursuant to the provisions of this section may have its state contractor=s license suspended for a period of time as set by the State Contractors Licensing Board. (22-9-314)

F.) ( 1) Any public works contract awarded to an ineligible contractor, or on which an ineligible subcontractor performs, may be declared in default by the public body.

(2)

  • ( A) Additionally, the public body may require the bonding
    company or the general contractor to furnish a replacement contractor at no additional cost to the public body.
  • (B) In such an event, the bonding company or general contractor shall be expeditious in maintaining the original schedule for completion of the contract, allowing no more than thirty (30) days to lapse between notice and furnishing a replacement contractor or subcontractor satisfactory to the public body. (22-9-314)
G.) Nothing in this section shall be construed as a waiver of sovereign immunity or as creating a cause of action for money damages against any public body. (22-9-314)


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©2007 National Alliance for Fair Contracting