A registration system for contractors and subcontractors engaged in public work.
Frequently Asked Questions (FAQ)
Q1. When will the NYS DOL registration system be available on-line? A. The NYS DOL registration system is tentatively scheduled to be available mid-September 2024.
Q2. Will there be any fees associated with the registration requirement? A. Yes, a non-refundable registration fee of $200.00 will be required. Additionally, the Commissioner through regulations shall reduce the fee associated with MWBE firms to promote the use of such businesses on covered projects.
Q3. Does being registered in the NYS DOL system have a duration? A. The determination will expire after a 2-year period or until such a time if it is revoked your firm will then need to re-register.
Q4. What if a firm commences work on a covered project knowing that it is not registered, are they subject to any type of penalty? A. A contractor or subcontractor who commences work on a covered project knowing that it is not registered or contracts with a subcontractor that it knows or should have known is not registered for work on a covered project shall, after notice and hearing be subject to a civil penalty of up to one thousand dollars.
Q5. Has the NYS DOL defined what exactly is a covered project in accordance with Labor Law 220-i? A. Yes, per the statute a “Covered project” means any project subject to the provisions of Labor Law 220i, including but not limited to, public work projects and those subject to the provisions of sections two hundred twenty-four-a and two hundred twenty-four-d of this article.
Q6. What is the outcome if any of being registered in the NYS DOL system? A. The outcome will result in a firm that is determined to be fit and registered can participate as a contractor of subcontractor on a covered project. The NYS DOL through its investigations and promulgated regulations will make determinations of an entity to be deemed fit or unfit to be registered for participation on covered projects.
Q7. Can a firm participate in covered projects if they are not registered or deemed unfit? A. It is generally understood that a firm will not have the ability to participate in covered projects.
Q8. If my firm is deemed unfit is there a process to appeal that determination? A. The firm may request a hearing within 30 days of the issuance of the unfit determination.
Q9. Are there any penalties associated with non-compliance of the registry? A. A firm who bids on a contract for public work knowing that it is not registered or allows a subcontractor to commence work on a covered project that it knows or should have known is not registered shall, after notice and a hearing, be subject to a civil penalty of up to one thousand dollars.
Q10. Will a firm be required to answer any questions associated with registering in the NYS DOL system? A. Yes, there will be a requirement to provide information in the form of a questionnaire to be completed as part of the on-line registry.
Q11. Is a private project or private developer subject to the provisions of Labor Law 220-i? A. Yes, a private project and a private developer may be subject to the provisions of Labor Law 220-i if that project is determined to be a covered project.
Q12. If I am a private developer on a covered private project, what provisions should my firm be aware of? A. For covered projects performed under private contract, as defined in Labor Law 224-a, 224-d, or for other projects that are privately owned and subject to the provisions of this law, an owner or developer who commences work with a contractor or subcontractor that it knows or should have known is not registered pursuant to subdivision six of this section shall, after notice and hearing, be subject to a civil penalty of up to one thousand dollars. A contractor or subcontractor who commences work on a covered project knowing that it is not registered or contracts with a subcontractor that it knows or should have known is not registered for work on a covered project shall, after notice and hearing be subject to a civil penalty of up to one thousand dollars.
Q13. My firm has filed various questionnaires online with other public governmental entities, will that information already on file be considered sufficient to comply with the 220-i requirements? A. No, the other information is considered separate and distinct to that public entity’s requirements. Your firm will be required to file directly with the NYS DOL.
