To help grow their business, many construction companies turn to government contracts and bid as well as register as a Public Works Contractor in California. Taking government contracts can be a great way to keep your crews busy, but there are some things you will need to know first.
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If you want to bid on state contracts, you will have to take similar steps as outlined by each state’s Department of Labor, or similar oversight agency. In the state of California, you have to become a public works contractor to bid on state jobs. To do so, there are several things you need to understand and steps you must take, including registering with the state as a public works contractor.
What are Public Works?
The term public works is generally used to refer to projects financed by or for the government for recreation or the general welfare of the community. This generally refers to infrastructure, government buildings, and other types of public spaces.
In the state of California, the term public works applies to the construction, alteration, demolition, installation, or repair work done under contract and paid for with public funds. Public money, whether in whole or part, pays for it, encompassing preconstruction and post-construction activities linked to any public works project.
This definition is broad and has specific legal parameters. For example, the following types of projects are examples of public works projects as defined under California Law:
- Work done for irrigation, utility, reclamation, and improvement districts and other similar districts. This does not include the operation of, but work to create, maintain, repair, or alter.
- An officer or public body of the state oversees, directs, and/or supervises street, sewer, and other improvements.
- Install carpet under a lease-maintenance contract funded by public funds.
See Labor Code section 1720 for a full definition of public works.
Public Works Contractor Responsibilities
Apart from the general requirements needed to run a business, government contractors have additional responsibilities. These include:
- Register as a public works contractor with the state.
- Pay prevailing wages to all eligible workers on public works projects.
- Follow apprenticeship requirements if the project is eligible, which typically is any project of $30,000 or more.
- Maintain and submit certified payroll records to the Department of Industrial Relations (DIR).
Take compliance seriously, and if you find yourself out of compliance, you may face financial and legal repercussions.
How to Bid on Public Works Projects in California
If you want to bid on public works jobs in California, you must first register as a public works contractor. This requirement extends to subcontractors that perform work on any public works project.
Registration Eligibility Requirements
- Have workers’ comp coverage for all workers. If using subcontractors, ensure they register as public works contractors.
- You must have a license for your trade from the Contractors’ State License Board, if applicable to the trade.
- Maintain good standing with no delinquent wages or penalty assessments.
- You must also be in good standing and not under federal or state debarment.
You cannot have a history of violating the registration requirement. If you happen to have a single violation for non-registration, you can still register if you pay a penalty.
Additionally, to bid on federal jobs you have to register with the Federal Contractor Registry. Be sure to further research with the Federal Contractor Registry.
Registration Fees as a Public Works Contractor in California
You can register to become a public works contractor in California for a term of one, two or three years. For the purposes of registration, a year runs from July 1 through June 30.
Registration Fee Structure –
One year – $400
Two years – $800
Three years – $1,200
We can process credit card payments within 24 hours, but choosing other payment methods may result in a registration delay of up to eight weeks.
How to Register Online as a Public Works Contractor to Bid on Public Works Jobs in California
You must create an account with the Department of Industrial Relations (DIR) to apply for a state contractor’s license or to register as a public works contractor. If you had an account before April 2019, you would need to create a new account due to system updates. If you aren’t sure what your registration number is, you can look it up through the Public Works Contractor Registration Search.
Create an Account as a Public Works Contractor
To create a new account, you need to go to this website to start the process. If you have a registration number from a previous account, click “Link Existing Registration” on the dashboard after logging in.
If you created an account after April 2019, you can simply log in here.
To complete registration, you need to have some information handy, including but not limited to:
- Legal business name
- Physical address
- Business email and other contact information
- Contractors State License Board (CSLB) number and/or professional license number
- Name of the president and/or other key executives
- If you are a sole proprietor, you’ll need your personal information including a Social Security number (SSN) or Individual Taxpayer Identification Number (ITIN).
- Names of legal business partners where applicable.
- Workers’ comp information
- Contractor certification information
Once registered you’ll have PWCR number, which stands for Public Works Contractor Registration. You’ll use this to bid and submit reports to the DIR, including certified payroll reports.
Consequences of Failing to Register as a Public Works Contractor
There are consequences to failing to register, even if you simply bid on a public job and do not receive the contract. For this reason, it is important to make sure you are properly registered before you place a bid. It’s also important to remember that this applies to all involved parties, from the contractor that holds the award to every subcontractor under them.
First-time registration
A $2,000 penalty applies to contractors and subcontractors who register for the first time if they did the following things within 12 months.
- Bid on or are awarded a qualifying public works project.
- Performed work on a qualifying public works project.
Late renewal (between July 1 and September 30)
If a contractor or subcontractor bids on, works on, or is awarded a qualifying project with expired registration, they will incur the following penalties.
- $400 penalty if the registration lapse is accidental.
- $2,000 penalty if the registration lapse is not accidental.
Renewal after September 30 or reactivation
A $2,000 penalty applies when a contractor or subcontractor does either of the following within 12 months if they are not registered
- Bid on or are awarded a qualifying public works project.
- Performed work on a qualifying public works project.
Repeat violations
Contractors and subcontractors that are found in violation of the registration requirement two times in 12 months can be disqualified from working on public works projects for up to 12 months at a time.
Learn more about becoming a contractor in California in the following articles:
- 10 things every California contractor needs to know
- How to become a federal contractor
- Alternatives to CalSavers
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The material presented here is educational in nature and is not intended to be, nor should be relied upon, as legal or financial advice. Please consult with an attorney or financial professional for advice.