053-1 Wyo. Code R. §§ 1-4 - Program Provisions

(a) Applicability

(i) These rules apply to public works projects awarded pursuant to W.S. 16-6-101 through 16-6-206 estimated to cost one million dollars ($1,000,000.00) or more and awarded by any of the following entities:

(A) State of Wyoming;

(B) University of Wyoming;

(C) Wyoming Community College; or

(D) Wyoming School District.

(ii) These rules shall not apply to those state agencies that have a recognized or approved apprenticeship training program requirement by the United States Department of Labor or other appropriate federally funded program.

(b) Contractor Bid Preference

A contractor shall be eligible for a one percent (1%) bid preference if he or she commits to ensure that not less than ten percent (10%) of the labor hours shall be worked by apprentices.

(i) The contractor's bid shall be considered as if his or her bid were one percent (1%) lower than the actual dollar value of his or her bid.

(ii) The contractor shall be awarded the contract at the actual dollar value of his or her bid.

(c) Awarding Agency Requirements

(i) Each awarding agency releasing a Call for Bid (CFB) of one million dollars ($1,000,000.00) or more for a public works project shall include in the CFB the following language: "For all public works awarded by the State of Wyoming, the University of Wyoming, a community college or a school district pursuant to W.S. W.S. W.S. 16-6-101 through 16-6-206 estimated to cost one million dollars ($1,000,000.00) or more, a contractor who commits to ensure that not less than ten percent (10%) of the labor hours shall be worked by apprentices shall have his or her bid considered as if his or her bid were one percent (1%) lower than the actual dollar value of his or her bid."

(ii) Prior to invoking a bid preference, an awarding agency shall require a contractor seeking a bid preference to submit a letter of certification from the BAT that the contractor or any sub-contractors to be used have a registered apprenticeship program with the U.S. Department of Labor. This letter must be submitted with the bid documents.

(iii) When a contractor who received a bid preference is awarded a contract, the awarding agency shall provide DWS with notification of:

(A) The date on which the contract is awarded. This notification shall occur within five (5) calendar days of the date the contract is awarded.

(B) The date on which the contract work is completed. This notification shall occur within five (5) calendar days of the date on which the project completion notice is published.

(iv) The awarding agency shall retain the amount of contract dollars subject to forfeiture under these rules until notified by DWS that the contractor has complied with all requirements of the program, which notification shall be provided by DWS after review of the final report submitted by the contractor.

(v) If a contractor is required to forfeit contract dollars due to failing to comply with program requirements, the awarding agency shall assure the forfeited funds are credited to the account from which the project was funded.

(d) Contractor Reporting Requirements

(i) Certifications

(A) Contractors who receive a bid preference shall submit an Apprentice Certification from the BAT that lists the apprentices that are working on the project at the start of the contract to the awarding agency.

(B) An Apprentice Certification from the BAT that lists the apprentices that are working on the project must be submitted every ninety (90) days to awarding agency.

(C) The awarding agency shall provide copies of the certifications outlined in (A) and (B) above to DWS.

(ii) Contractors who receive a bid preference shall submit a final report to DWS no later than fifteen (15) calendar days after the first publication of the project completion notice. The final report shall include, but may not be limited to:

(A) The total hours of all workers receiving an hourly wage who were directly employed on the site of the public works project, and

(B) The names of all registered apprentices and the number of hours each worked on the public works project.

(C) A final Apprentice Certification from the BAT.

(e) Contractor Failure to Comply

A contractor who received a bid preference shall be considered to have failed to comply with the requirements of the program if he or she fails to:

(i) Submit a final report to DWS as required in Section 4(d) above, or

(ii) Meet the labor hours requirement for apprentices specified in Section 4(b) above.

(f) Penalty for Failure to Comply

A contractor who received a bid preference and who fails to comply with the requirements of the program shall forfeit one percent (1%) of the total project cost to the awarding agency unless good cause is granted.

(g) Good Cause

(i) Good cause for failing to submit a final report to DWS as required in Section 4(d) above shall not be granted.

(ii) Good cause for failing to meet the labor hours requirement for apprentices specified in Section 4(b) above may be granted if the contractor can demonstrate, to the satisfaction of DWS, that there was a lack of availability of apprentices in the area where the public works project was performed. Documentation of good cause shall include, but not be limited to:

(A) A summary of all apprenticeship recruitment efforts;

(B) A list of the dates on which the recruitment efforts were made to show the recruitment efforts were ongoing;

(C) Copies of recruitment notices; and

(D) A list of all contacts made to seek assistance in the recruitment of apprentices, including the applicable DWS Workforce Centers, and the dates the contacts occurred.

(E) An explanation as to why the number of available apprentices was underestimated.

Notes

053-1 Wyo. Code R. §§ 1-4