103-55 Wages, hours, and working conditions of employees of contractors performing services. (a) Before any offeror enters into a contract to perform services in excess of $25,000 for any governmental agency, the offeror shall certify that the services to be performed will be performed under the following conditions:

Wages. The services to be rendered shall be performed by employees paid at wages or salaries not less than the wages paid to public officers and employees for similar work.

Compliance with labor laws. All applicable laws of the federal and state governments relating to workers' compensation, unemployment compensation, payment of wages, and safety will be fully complied with.

(b) No contract to perform services for any governmental contracting agency in excess of $25,000 shall be granted unless all the conditions of this section are met. Failure to comply with the conditions of this section during the period of contract to perform services shall result in cancellation of the contract, unless such noncompliance is corrected within a reasonable period as determined by the procurement officer. Final payment of a contract or release of bonds or both shall not be made unless the procurement officer has determined that the noncompliance has been corrected.

It shall be the duty of the governmental contracting agency awarding the contract to perform services in excess of $25,000 to enforce this section.

(c) This section shall apply to all contracts to perform services in excess of $25,000, including contracts to supply ambulance service and janitorial service.

This section shall not apply to:

(1) Managerial, supervisory, or clerical personnel;

(2) Contracts for supplies, materials, or printing;

(3) Contracts for utility services;

(4) Contracts to perform personal services under section 46-33(7), (8), and (9), section 76-16(b)(2), (3), (12), and (15), and section 76-77(7), (8), and (12);

(5) Contracts for professional services;

(6) Contracts to operate refreshment concessions in public parks, or to provide food services to educational institutions;

(7) Contracts to provide transportation services for school children; or

(8) Contracts with nonprofit institutions. [L 1907, c 98, 1; am L 1915, c 9, 1; am L 1917, c 194, 1; am imp L 1919, c 218, 1; RL 1925, 178; am L 1925, c 165, 1; am L 1929, c 86, 1; am L 1932 2d, c 36, 1; RL 1935, 92; am L 1937, c 34, 1; RL 1945, 362; RL 1955, 9-48; am L 1965, c 247, 1; HRS 103-55; am L 1975, c 41, 1; am L 1984, c 95, 1; am L 1985, c 73, 1; am L 1999, c 149, 10; am L 2013, c 258, 2; am L 2017, c 12, 8]




In subsection (c)(4), reference to "paragraphs (2), (3), (12), and (15) of section 76-16" are to paragraphs under subsection (b) of that section.



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