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

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

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

(b)  No contract to perform services for anygovernmental contracting agency in excess of $25,000 shall be granted unlessall the conditions of this section are met.  Failure to comply with theconditions of this section during the period of contract to perform servicesshall result in cancellation of the contract, unless such noncompliance iscorrected within a reasonable period as determined by the procurement officer. Final payment of a contract or release of bonds or both shall not be madeunless the procurement officer has determined that the noncompliance has beencorrected.

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

(c)  This section shall apply to all contractsto perform services in excess of $25,000, including contracts to supplyambulance 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 underparagraphs (2), (3), (12), and (15) of section 76-16, paragraphs (7), (8), and(9) of section 46-33, and paragraphs (7), (8), and (12) of section 76-77.

(5)  Contracts for professional services.

(6)  Contracts to operate refreshment concessions inpublic parks, or to provide food services to educational institutions.

(7)  Contracts with nonprofit institutions. [L 1907, c98, §1; am L 1915, c 9, §1; am L 1917, c 194, §1; am imp L 1919, c 218, §1; RL1925, §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, c247, §1; HRS §103-55; am L 1975, c 41, §1; am L 1984, c 95, §1; am L 1985, c73, §1; am L 1999, c 149, §10]

 

Note

 

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