You will certify in your Apprentice Utilization Plan your commitment to attaining the 15% apprentice utilization. Keep the 15% in mind as you put your bid and subcontractor team together. The easiest way to avoid problems with the 15% apprentice utilization is to plan for it early in the process. At the time you submit a bid, you should have a very good idea of the level of apprentice participation you and all subs can attain. It is the Contractor’s responsibility to take action as soon as it becomes evident that meeting the 15% apprentice utilization will be a challenge.
First, review your work plan to determine if there are any areas where you or your subs have the ability to increase the utilization of apprentices or other areas in which apprentices can be employed. If there are not, you will need to collect documentation demonstrating that you made a good faith effort to meet the requirement. If you cannot meet the 15% apprentice utilization or demonstrate that you made a good faith effort to meet the 15% you are not in compliance with the contract.
SCC 3.05.070 states: “Failure by a contractor to comply with established apprenticeship requirements, unless otherwise waived or excused in writing by the executive pursuant to SCC 3.05.040, shall be deemed a breach of contract for which the county shall be entitled to all remedies allowed by law and under the contract. Failure to comply with the apprenticeship requirements may also be considered evidence bearing on a contractor’s qualification for award of future contracts with the county.”
If you have questions about a particular situation you encounter, contact your Project Manager for guidance as soon as the situation arises.