[§103-55.6]  Public worksconstruction; apprenticeship agreement.  (a)  A governmental body,as defined in section 103D-104, that enters into a public works contract underthis chapter having an estimated value of not less than $250,000, shalldecrease the bid amount of a bidder by five per cent if the bidder is a partyto an apprenticeship agreement registered with the department of labor andindustrial relations for each apprenticeable trade the bidder will employ toconstruct the public works, and in conformance with chapter 372.  The lowesttotal bid, taking the preference into consideration, shall be awarded thecontract unless the solicitation provides for additional award criteria.  Thecontract amount awarded, however, shall be the amount of the price offered,exclusive of the preference.

(b)  For purposes of subsection (a), indetermining whether there is conformance with chapter 372, the procurementofficer shall consider the actual number of apprentices enrolled in and theannual number of graduates of the apprenticeship program.

(c)  At the time of submission of a competitivesealed bid or a competitive sealed proposal by a bidder, the bidder shallfurnish written proof of being a party to a registered apprenticeship agreementfor each apprenticeable trade the bidder will employ to construct the publicworks and, if awarded the contract, shall continue to certify monthly inwriting that the bidder is a party to a registered apprenticeship agreement foreach apprenticeable trade the bidder will employ to construct the public worksfor the entire duration of the bidder's work on the project.  This subsectionshall be deemed to be incorporated into a public works contract.  A bidder whois awarded a contract shall be subject to the following sanctions if, aftercommencement of work, the bidder at any time during the construction is nolonger a party to a registered apprenticeship agreement for each apprenticeabletrade the bidder will employ to construct the public works:

(1)  Temporary or permanent cessation of work on theproject, without recourse to breach of contract claims by the bidder; providedthat the governmental body shall be entitled to restitution for nonperformanceor liquidated damages, as appropriate; or

(2)  Proceedings to debar or suspend under section103D-702.

(d)  For purposes of this section, "bidder"means an entity that submits a competitive sealed bid under section 103D-302 orsubmits a competitive sealed proposal under section 103D-303. [L Sp 2009, c 17,§1]