Bill Text: VA SB8 | 2020 | Regular Session | Prefiled
Bill Title: Virginia Public Procurement Act; public works contracts, prevailing wage rate, penalty.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2020-04-22 - Governor: Acts of Assembly Chapter text (CHAP1243) [SB8 Detail]
Download: Virginia-2020-SB8-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §40.1-6 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-4321.3 as follows:
§2.2-4321.3. Payment of prevailing wage for work performed on public works contracts; penalty.
A. As used in this section:
"Prevailing wage rate" means the rate, amount, or level of wages, salaries, benefits, and other remuneration prevailing for the corresponding classes of mechanics, laborers, or workers employed for the same work in the same trade or occupation in the planning district established pursuant to Chapter 42 (§15.2-4200 et seq.) of Title 15.2 in which the public facility or immovable property that is the subject of the public works is located, as determined by the Commissioner of Labor and Industry on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. §276 et seq., as amended.
"Public works" and "state agency" have the same meaning ascribed to such terms in subsection A of §2.2-4321.2.
B. Notwithstanding any other provision of this chapter, each state agency, when procuring services or letting contracts for public works paid for in whole or in part by state funds, or when overseeing or administering such contracts for public works, shall ensure that its bid specifications, project agreements, or other public contracts applicable to the public works require bidders, offerors, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at the prevailing wage rate.
C. Each public contract for public works by a state agency shall contain a provision requiring that the remuneration to any individual performing the work of any mechanic, laborer, or worker on the work contracted to be done under the public contract shall be at a rate equal to the prevailing wage rate.
D. Any contractor or subcontractor who knowingly or willfully employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract for public works for or on behalf of the state agency at a rate that is less than the prevailing wage rate (i) is guilty of a Class 1 misdemeanor; (ii) shall be liable to such individuals for the payment of all wages due, plus interest at an annual rate of eight percent accruing from the date the wages were due; and (iii) shall be disqualified from bidding on public contracts with any public body until the contractor or subcontractor has made full restitution of the amount described in clause (ii) owed to such individuals.
E. Any interested party, which shall include a bidder, offeror, contractor, subcontractor, or operator, shall have standing to challenge any bid specification, project agreement, or other public contract for public works that violates the provisions of this section. Such interested party shall be entitled to injunctive relief to prevent any violation of this section.
F. A representative of a state agency may contact the Commissioner of Labor and Industry, at least 10 but not more than 20 days prior to the date bids for such a public contract for public works will be advertised or solicited, to ascertain the proper prevailing wage rate for work to be performed under the public contract.
G. Upon the award of any public contract subject to the provisions of this section, the contractor to whom such contract is awarded shall certify, under oath, to the Commissioner of Labor and Industry the pay scale to be used by such contractor and any of the contractor's subcontractors for work to be performed under such public contract.
H. Each employer subject to the provisions of this section shall keep, maintain, and preserve (i) records relating to the wages and hours worked by each individual performing the work of any mechanic, laborer, or worker and (ii) a schedule of the occupation or work classification at which each individual performing the work of any mechanic, laborer, or worker on the public works project is employed during each work day and week.
§40.1-6. Powers and duties of Commissioner.
The Commissioner shall:
(1) 1. Have
general supervision and control of the Department.;
(2) 2. Enforce
the provisions of this title and shall cause to be
prosecuted all violations of law relating to employers or business
establishments before any court of competent jurisdiction.;
(3) 3. Make
such rules and regulations as may be necessary for the enforcement of this
title and procedural rules as are required to comply with the Federal federal
Occupational Safety and Health Act of 1970 (P.L. 91-596). All such rules and
regulations shall be subject to Chapter 40 (§2.2-4000 et seq.) of Title 2.2.;
(4) 4. In the
discharge of his duties, have power to take and preserve testimony, examine
witnesses, and administer oaths and to
file a written or printed list of relevant interrogatories and require full and
complete answers to the same to be returned under oath within thirty 30
days of the receipt of such list of questions.;
(5) 5. Have
power to appoint such representatives as may be necessary to aid him the
Commissioner in his work; their, with the duties shall be of such
representatives to be prescribed by the Commissioner.;
(6) [Repealed.] 6. Determine the prevailing wage required to be
paid under a public contract for public works as provided in §2.2-4321.3 and
perform all other duties imposed on the Commissioner under such section. Any
determination of the prevailing wage rate made by the Commissioner shall be
based on applicable prevailing wage rate determinations made by the U.S.
Secretary of Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. §276
et seq., as amended.
(7) 7. Have
power to require that accident, injury, and occupational
illness records and reports be kept at any place of employment and that such
records and reports be made available to the Commissioner or his duly
authorized representatives upon request. Further, he may, and to require employers to
develop, maintain, and
make available such other records and information as are deemed necessary for
the proper enforcement of this title.;
(8) 8. Have
power, upon presenting appropriate credentials to the owner, operator, or agent
in charge:
(a) a. To
enter without delay and at reasonable times any business establishment,
construction site, or other area, workplace,
or environment where work is performed by an employee of any employer in this
Commonwealth; and
(b) b. To
inspect and investigate, during regular
working hours and at other reasonable times,
and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is
authorized by the Commissioner or his representative, any such business
establishment or place of employment and all pertinent conditions, structures,
machines, apparatus, devices, equipment, and materials therein, and to question
privately any such employer, officer, owner, operator, agent, or employee. If
such entry or inspection is refused, prohibited,
or otherwise interfered with, the Commissioner shall have power to seek from a
court having equity jurisdiction an order compelling such entry or inspection.;
(9) 9. Make
rules and regulations governing the granting of temporary or permanent variances
from all standards promulgated by the Board under this title. Any interested or
affected party may appeal to the Board, the Commissioner's determination to
grant or deny such a variance. The Board may, as it sees fit, adopt, modify, or reject the determination
of the Commissioner.;
(10) All 10. Have authority to issue orders to protect the
confidentiality of all information reported to or otherwise
obtained by the Commissioner, the Board, or the
agents or employees of either which that contains or might reveal
a trade secret. Such information
shall be confidential and shall be limited to those persons who need such
information for purposes of enforcement of this title. The
Commissioner shall have authority to issue orders to protect the
confidentiality of such information. Violations of such
orders shall be punishable as civil contempt upon application to the Circuit
Court of the City of Richmond. It shall be the duty of each employer to notify
the Commissioner, or his
representatives, of the existence of trade
secrets where he desires the protection provided herein.
(11) 11. Serve
as executive officer of the Virginia Safety and Health Codes Board and of the
Apprenticeship Council and see that the rules, regulations,
and policies that they promulgate are carried out.
