These rules apply to public works
projects awarded pursuant to
estimated to cost one
million dollars ($1,000,000.00) or more and awarded by any of the following
(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.
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.
contractor shall be awarded the contract at the actual dollar value of his or
(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.
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.
When a contractor who received a bid
preference is awarded a contract, the awarding agency shall provide DWS with
(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.
Contractor Reporting Requirements
(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
(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.
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
(B) The names of all
registered apprentices and the number of hours each worked on the public works
(C) A final Apprentice
Certification from the BAT.
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:
Submit a final
report to DWS as required in Section
Meet the labor hours requirement for
apprentices specified in Section
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
Good cause for failing to submit a final
report to DWS as required in Section
above shall not be
Good cause for
failing to meet the labor hours requirement for apprentices specified in
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
(A) A summary of all apprenticeship
(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
(E) An explanation as to
why the number of available apprentices was underestimated.