New York City Housing Authority


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Prevailing Wage Initiative

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Complying With Prevailing Wages

Every contractor awarded a construction or building services contract is required to pay its employees who perform work contract wages and supplemental benefits equal to or greater than the applicable Prevailing Wage. NYCHA monitors and enforces contractors’ and subcontractors’ obligation to pay the Prevailing Wage. Contractor workers who believe they have been underpaid should file the Prevailing Wage Complaint form.  For questions concerning Prevailing Wages, contact NYCHA’s Office of Contract Compliance, Department of Equal Opportunity, at:
1-888-NYCHA-PW (1-888-692-4279).


Information For Contractors:

The Housing Authority requires that contractors and subcontractors that perform Housing Authority contracts comply with federal, state and city labor laws and applicable regulations related to prevailing wages, including:

  • Davis-Bacon and Related Acts;
  • U.S. Housing Act of 1937;
  • Sections 220 and 230 of the New York State Labor Law; and
  • Section 6-109 of the New York City Administrative Code.

Before the Contract is Awarded
One of the factors that the Authority will consider in determining if a contractor is the lowest responsible bidder is an evaluation of whether the low bidder can successfully perform the contract and still pay prevailing wages to the workers. If the Housing Authority determines that your company is the lowest responsible bidder for a contract of $250,000 or more, you will be required to attend a Pre-award Meeting with the Office of Contract Compliance (OCC). During the Pre-award Meeting, the terms of the contract are discussed with each potential Authority contractor. The contractor is advised of its responsibility to pay the prevailing wage as indicated in the contract book and its responsibility to adhere to all the terms therein, including, but not limited to, the Instructions to Bidders and the General Conditions in the contract book. At the Pre-award Meeting, the contractor also will be required to submit EEO forms and an Affirmative Action Plan that indicates their plan to hire minority and women employees as well as minority, women-owned, small-business entrepreneur (MWSBE) subcontractors.

Contractor Responsibilities during Contract Performance
When a contractor performs an Authority contract, it is required to pay its employees who perform work on the contract wages and supplemental benefits equal to or greater than the applicable prevailing wage. The contractor is also required to ensure that its subcontractors comply with prevailing wage requirements. These are some of the requirements:

The Contractor is required to display the poster, “Notice to All Employees Working on New York City Housing Authority Contracts”, with the appropriate prevailing wage schedule attached, at the site where the contractor is performing contract work in a prominent and accessible place where it can be easily seen by employees of the contractor and its subcontractors. The contractor’s display location requires approval by the contract inspector assigned to the contract by the administering department or by the development Superintendent or Manager, where no contract inspector is assigned. The Contractor may obtain posters (in 11” x 17” format) from staff of the Authority’s administering department at the Pre-Start Meeting or from the development where the work is performed.

The contractor, through a designated supervisor, must record the contractor’s presence, the number of employees present each day and the location within the development where the employees are working in the development Contractor’s Log, a bound book that is kept in the development’s Maintenance Office. The contractor must ensure that a representative of each subcontractor signs each log entry.

The contractor must fill in the Contractor Daily Sign-In Sheet at the beginning of each workday, including the location, date, contractor/subcontractor name and contract number, and must ensure that all employees, including those of subcontractors, have signed in and out and indicated their starting and ending times.

Monitoring
OCC’s Contract Compliance Officers conduct site visits in order to determine compliance with prevailing wage laws and minority hiring. The Officers interview workers and review records such as Payrolls, Daily Inspection Reports, Development Logs, and other documents to determine if an investigation of potential violations is warranted. The contractor is required to provide, upon request, proof satisfactory to the Authority that it and its subcontractors are meeting the obligations to the workers of this contract, including, but not limited to proof that workers are receiving the prevailing wage and proof of the efforts to hire minority and women workers, as well as providing subcontracting opportunities to MWSBEs.

Enforcement
A violation of the contractual or statutory requirements may constitute a material breach of the contract, which may result in suspension of the work, termination of the contract for default and/or a finding of non-responsibility with respect to awarding of future Authority contracts. Investigations that determine that a contractor has underpaid the prevailing wage result in monies being withheld from the contractor, for subsequent payment to the worker, as well as for administrative costs of the prevailing wage investigation.


Information For An Employee Of A NYCHA Contractor:

A worker on an Authority construction site in the last 24 months who believes he or she has been paid less than the prevailing wage may file a complaint with OCC. Click here for a copy of the Prevailing Wage Investigation Claim form. Fill it out completely, and mail it to:

Office of Contract Compliance
New York City Housing Authority
250 Broadway, 27th Floor
New York, NY 10007

For additional information, please call OCC’s toll free line: 888-NYCHA-PW (888-692-4279) during business hours