2 BIDS AT THIS TIME.

Each contractor or sub-contractor interested in bidding on a Weatherization project must become a Responsible Contractor.  This means that (1) you have the appropriate New Jersey registration or license for the work you wish to perform; (2) meet certain insurance minimums; (3) have the appropriate training and certifications and (4) agree, that if you need to hire new people to perform the Weatherization work you are bidding on, you will hire from the Weatherization Training Program funded by the NJ Department of Labor and Workforce Development. 

To the right is a Responsible Contractor checklist, the guidance on this issue provided by NJ DCA and additional information on the Weatherization Training Program.

Properties 4 stories and under are subject to the residential Davis-Bacon wage rates. For residential properties there is a newly-defined Weatherization Worker wage rate. A chart of residential rates and more detailed information on NJ Residential Weatherization Wage Determination from the United States Department of Labor is available to under Related Documents.   

Properties 5 stories and greater are subject to applicable commercial Davis-Bacon wage rates. There is currently no Weatherization Worker rate for commercial project work. All prices must reflect the locally determined Davis Bacon wage rate for anyone performing work on the jobsite.

Under Related Documents section is a link to Weatherization-specific rates, the applicable Weatherization Certified Payroll as well as additional information.  

Completion of Form WH-347 is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to submit a weekly certified payroll report even if work is not performed during a particular week. U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.  

Also, all parties receiving ARRA funds must sign Form 1413 -
this includes: energy auditors, professionals, general contractors and subcontractors.
Even if not paying Davis-Bacon wages (as in the case of professionals) - because ARRA funds are utilized, the Form 1413 must be signed.
For energy auditors, professionals and the general contractor - HMFA is the prime.  For contractors/entities contracted to those listed above - the prime is either the energy auditor, professional or general contractor, as applicable.  The Form can be found to the right, in the related links section.  Guidance can be found in the next section - under related links (Desk Guide to the Davis-Bacon Act)

U.S. DOE WAP Regulations: 29 CFR 1.6 for further clarification.  This part of the CFR says that if no wage determination is incorporated into the grant or contract then the proper wage determination has to be added in retroactively-- to the beginning of construction--- further underlining that the wage rates do not change.

US DOL Prevailing Wage Resource Book 2010 (pp. 10-11).  Department of Labor confirmation that with Davis Bacon regulations, wages stay the same from the time of the award/contract, thru the end of the project. Please see the US DOL Prevailing Wage Resource Book 2010, where it outlines the general rules and emphasizes a wage lock-in date at the time of contract award. 
 

GUIDANCE:  In general, ownership will be the determinative factor when considering whether a building qualifies as a public building.  If a state or local government entity owns the building, then it is a public building and the project will be subject to the Buy American provisions.  Conversely, if a building is privately owned, for the most part the project will not be subject to the Buy American provisions.
 
There may be some instances, such as mixed-finance project, where the Buy American requirement applies even though a governmental entity does not have complete or direct ownership of the building.
 
Where the government agency or an instrumentality thereof merely serves as a provider of financial assistance, having no ownership interest in the building, the Buy American requirement will not apply. Similarly, when a government agency or an instrumentality thereof has a marginal ownership interest in the building (for example, as a 5% general partner of a limited partnership), the Buy American requirement will not apply.  

By contrast, when the government agency or an instrumentality thereof exercises significant functions within the owner entity [i.e., a public-private partnership] with respect to the management or ownership of the building, or in cases where the agency serves as the general partner of the owner entity and has a significant management role, the Buy American requirement will apply. 
 
Finally, if the government agency or an instrumentality serves as the original developer of a mixed-finance development now receiving Recovery Act funds for one or all of the involved buildings, the Buy American requirement will apply.
 
Because WAP primarily performs weatherization work on private residences, most of its Recovery Act-funded projects are not subject to the Buy American provisions.  The exceptions are for buildings that fall under the categories outlined above, where the ownership or management structure does qualify them as public buildings, and therefore subject to the Buy American provisions.

See also the de minimis waiver - for material costs that are less than 5% of total project cost for iron, steel, etc in the project.

The Federal EPA has also issued notice as follows:

The Lead-Based Paint Renovation, Repair and Painting Program is a federal regulatory program affecting contractors, property managers, and others who disturb painted surfaces.

• It applies to residential houses, apartments, and child-occupied facilities such as schools and day-care centers built before 1978.
• It includes pre-renovation education requirements as well as training, certification, and work practice requirements.
  
  - Pre-renovation education requirements are effective now: Contractors, property managers, and others who perform renovations for compensation
  in residential houses, apartments, and child-occupied facilities built before 1978 are required to distribute a lead pamphlet before starting renovation work.

Training, certification, and work practice requirements become effective April 22, 2010:
Firms are required to be certified, their employees must be trained in use of lead-safe work practices, and lead-safe work practices that minimize occupants' exposure to lead hazards must be followed.  Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling, and maintenance activities, including window replacement.

The program includes requirements implementing both Section 402(c) and 406(b) of the Toxic Substances Control Act (TSCA). (www.epa.gov/lead/pubs/titleten.html)

EPA's lead regulations can be found at 40 CFR Part 745, Subpart E.  See (http://www.epa.gov/lead/pubs/sbcomplianceguide.pdf) for additional
information.