Wis. Admin. Code Department of Workforce Development § DWD 290.11 - Procedure when a covered entity fails to request a required prevailing wage rate determination or incorporate a required prevailing wage rate determination into a contract

(1) When the department finds that a state agency or local governmental unit has not requested a prevailing wage rate determination as required under s. 66.0903(3) (am) or 103.49(3), 2009 Stats., the department shall promptly notify the state agency or local governmental unit of the noncompliance.

(1m) When the department finds that an owner or developer has not requested a prevailing wage rate determination as required under s. 66.0904(4) (a), 2009 Stats., the department shall promptly notify the owner or developer of the noncompliance.

(2) The state agency or local governmental unit notified under sub. (1), or an owner or developer notified under sub. (1m), shall file an application for a prevailing wage rate determination, on a form prescribed by the department, within 10 days of the department's notice of noncompliance.

(3) The department shall issue the prevailing wage rate determination within 30 days of the notice of noncompliance.

(4) The local governmental unit or state agency notified under sub. (1), or an owner or developer notified under sub. (1m), may request a review of the prevailing wage rate determination within 30 days of the issuance of the determination pursuant to s. DWD 290.10.

(5) If the state agency or local governmental unit notified under sub. (1), or an owner or developer notified under sub. (1m), failed to incorporate a prevailing wage rate determination into a contract or bid, the local governmental unit, state agency, owner or developer shall either terminate the contract and resolicit bids using the prevailing wage rate determination or incorporate the determination retroactive to the beginning of construction through supplemental agreement or change order. The employer shall be compensated for any increases in wages resulting from the change and any amount of liquidated damages assessed by the department to the employer under s. 66.0903(11) (a), 66.0904(9) (a), or 103.49(6m) (ag), 2009 Stats. The method of incorporation of the prevailing wage rate determination and the adjustment in the contract or bid price shall be in accordance with applicable procurement law.

Notes

Wis. Admin. Code Department of Workforce Development § DWD 290.11

Cr. Register, January, 1976, No. 241, eff. 2-1-76; r. and recr. (2), cr. (3), Register, January, 1986, No. 361, eff. 2-1-86; am. (1) (intro.), Register, June, 1987, No. 378, eff. 7-1-87; correction in (1) (c) and (2) made under s. 13.93(2m) (b) 7, Stats., Register, April, 1996, No. 484; r. and recr. Register, September, 1997, No. 501, eff. 10-1-97; r. and recr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) made under s. 13.93(2m) (b) 7, Stats., Register, July, 2000, No. 535; CR 10-092: am. (title), (2), (4), (5), cr. (1m) Register December 2010 No. 660, eff. 1-1-11. Amended by, correction in (1), (1m), (5) made under s. 13.92(4) (b) 7., Stats., Register June 2017 No. 738, eff. 7/1/2017. Amended by, correction in (5) (Note) made under s. 13.92(4) (b)., Stats., Register June 2021 No. 786, eff. 7/1/2021

Application for a Prevailing Wage Determination Issued by the Department of Workforce Development," form ERD-5719, may be obtained at no charge from the Department of Workforce Development Equal Rights Division, or the DWD web site at http://dwd.wisconsin.gov/er/prevailing_wage_rate/default.htm.