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The Oregon WH 39 form is an essential tool for contractors engaged in public works projects within the state. Designed to ensure compliance with state regulations, this form is used primarily to report contract fee information to the Bureau of Labor and Industries (BOLI). When completing the WH 39, contractors must provide critical details, including their business name, contractor registration number, and the specifics of the project such as its name, number, and location. Additionally, the form requires the contract amount and dates for both award and commencement of work. A fee, calculated as one-tenth of one percent of the contract price, must accompany the submission, with established minimum and maximum limits to ensure fairness. The information collected not only facilitates the proper crediting of payments but also supports the enforcement of prevailing wage laws, safeguarding the rights of workers on public projects. By understanding the nuances of the WH 39 form, contractors can navigate the regulatory landscape more effectively, ensuring compliance and contributing to the integrity of public works in Oregon.
Common mistakes
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Neglecting to include the correct business name: Contractors often forget to write their official business name as registered. Using a "Doing Business As" (DBA) name instead can lead to confusion and payment issues.
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Incorrectly calculating the contract fee: The fee is based on 1/10th of 1% of the contract price. Many make the mistake of miscalculating this amount, which can result in underpayment or overpayment.
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Omitting the project details: Failing to provide comprehensive project information, such as the project name, number, and location, can hinder the Bureau of Labor and Industries from processing the form efficiently.
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Forgetting to include contact information: Contractors sometimes overlook adding their phone number and the agency contact person’s phone number. This information is crucial for any follow-up or clarification.
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Not adhering to the fee range: The form specifies a minimum fee of $100 and a maximum of $5,000. Some contractors mistakenly submit fees outside this range, which can delay processing.
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Failing to sign or date the form: A common oversight is not signing or dating the form. This can render the submission invalid and lead to further complications.
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Submitting without a check or payment: Contractors sometimes send the form without the required payment. Without the fee, the form cannot be processed, resulting in delays and potential penalties.
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Listed Questions and Answers
What is the Oregon WH 39 form?
The Oregon WH 39 form is a Public Work Contract Fee Information Form. It is used by contractors to comply with Oregon Revised Statutes (ORS) 279.375, which governs the payment of prevailing wages on public works projects. This form must be completed and submitted to the Bureau of Labor and Industries (BOLI) along with the appropriate fee based on the contract amount.
Who needs to fill out the WH 39 form?
Contractors who are awarded public works contracts in Oregon are required to fill out the WH 39 form. This includes any entity or individual that will be performing work on public projects, such as construction, renovation, or maintenance work that is funded by public money.
What information is required on the form?
The form requires several key pieces of information, including:
- Business name (Doing Business As)
- Contractor's CCB (Construction Contractors Board) number
- Mailing address
- Phone number
- Project name
- Project number
- Project location
- Agency awarding the contract
- Agency contact person and their phone number
- Contract amount
- Date awarded
- Date work began
Completing all sections accurately ensures proper processing of the fee and compliance with state regulations.
How is the fee calculated?
The fee is calculated as 1/10th of 1% of the total contract price. To determine the fee, multiply the contract amount by 0.001. For example, if the contract amount is $1,000,000, the fee would be $1,000. However, there are minimum and maximum limits: the minimum fee is $100, while the maximum fee is capped at $5,000.
Where should the completed form be sent?
The completed WH 39 form should be mailed to the Bureau of Labor and Industries at the following address:
800 N.E. Oregon St., #32
Portland, OR 97232
It is essential to ensure that the form is sent to the correct address to avoid delays in processing.
What happens if the form is not submitted?
If the WH 39 form is not submitted along with the appropriate fee, the contractor may face penalties. The Bureau may not be able to properly credit the contractor for the payment received, which can lead to complications in compliance with prevailing wage laws. This could also result in the contractor being unable to legally perform work on public projects.
Can the form be duplicated for future use?
Yes, the WH 39 form can be duplicated for future use. Contractors are encouraged to keep copies of the form for their records and to facilitate the completion of subsequent forms for future contracts.
What is the contact information for BOLI?
For any questions or further assistance regarding the WH 39 form, contractors can contact the Bureau of Labor and Industries at:
Phone: (503) 731-4723
Fax: (503) 731-4606
Reaching out to BOLI can provide clarity on any concerns regarding the form or the fee process.
Form Specifications
| Fact Name | Details |
|---|---|
| Form Title | Public Work Contract Fee Information Form |
| Governing Law | ORS 279.375 |
| Purpose | This form is used by contractors to comply with prevailing wage laws in Oregon. |
| Fee Structure | The fee is 1/10th of 1% of the contract price, with a minimum fee of $100 and a maximum of $5,000. |
| Mailing Address | Bureau of Labor and Industries, 800 N.E. Oregon St., #32, Portland, OR 97232 |
| Contact Information | Phone: (503) 731-4723, Fax: (503) 731-4606 |
| Required Information | Contractors must provide business name, CCB number, mailing address, project details, and contract amount. |
| Project Details | Contractors need to specify project name, number, location, awarding agency, and agency contact person. |
| Form Revision Date | The current version of the form is dated September 2001. |
| Duplication | Contractors are encouraged to duplicate the form for future use. |