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



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



(c)  At the time of submission of a competitive
sealed bid or a competitive sealed proposal by a bidder, the bidder shall
furnish written proof of being a party to a registered apprenticeship agreement
for each apprenticeable trade the bidder will employ to construct the public
works and, if awarded the contract, shall continue to certify monthly in
writing that the bidder is a party to a registered apprenticeship agreement for
each apprenticeable trade the bidder will employ to construct the public works
for the entire duration of the bidder's work on the project.  This subsection
shall be deemed to be incorporated into a public works contract.  A bidder who
is awarded a contract shall be subject to the following sanctions if, after
commencement of work, the bidder at any time during the construction is no
longer a party to a registered apprenticeship agreement for each apprenticeable
trade the bidder will employ to construct the public works:



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



(2)  Proceedings to debar or suspend under section
103D-702.



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