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?



HAWAII
Click on a question to the left.

8) Can contractors be debarred?

A.) If a contractor is found in violation of this chapter a third time within a two year period, that contractor must be suspended from doing any work on any public work of a governmental contracting agency.

B.) The director shall suspend a person or firm as follows:
(1) For a first or second violation, if a person or firm fails to pay wages found due, any penalty assessed, or both, the person or firm shall be immediately suspended from doing any work on any public work of a governmental contracting agency until all wages and penalties are paid in full; and
(2) For a third violation, the suspension shall be as prescribed in section 104-24(c); provided that, if the person or firm continues to violate this chapter or fails to pay wages found due or any penalty assessed, or both, then the contractor shall immediately be suspended from doing any work on any public work of a governmental contracting agency for a mandatory three?year period. If after the three year suspension period the wages found due or penalties assessed are still unpaid, the suspension shall remain in force until payment is made in full.

C.) No contract shall be awarded to the person or firm so suspended or to any firm, corporation, partnership, or association in which the person or firm has an interest, direct or indirect, until three years have elapsed from the date of suspension, unless the period of suspension is reduced as herein provided. Any contract awarded in violation of this subsection shall be void.

REFERENCES
1.) Statute 101-4 (Prevailing Wage)
* This is the actual law.

2.) Attorney General Opinions
* HRS 0104 ANNOTATIONS


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©2007 National Alliance for Fair Contracting