SB 48 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS CONTRACTING.

The subcontractorsubcontractor. employs 10 or more total employees.

TheA projectprogram isregistered notunder a§ federal1101-4.0 highwayof project,Title except19 forof the projectDelaware underAdministrative paragraphCode.”. (c)(11) of this section.

c.FURTHER AMEND Senate Substitute No.

Craft1 trainingfor underSenate paragraphsBill (c)(13)a.No.

48 by deleting lines 51 through 52 in their entirety and (c)(13)b.inserting in lieu thereof the following:

of“3. this section must be provided by the contractor or subcontractor or through agreement with another organization.

d.The craft training required under paragraphs (d)(13)i.1.

The Secretary of the Department of Labor may promulgate and adopt(d)(13)i.2. regulations to implement this paragraph (c)(13) of this section.

(d)of Bidthis specificationssection andmay plansbe requirements.provided by any of the following:

— (13) Bid evaluation, contract award and execution procedure.

— i.

Craft training requirement.

--- 1.

A public works contract must include a requirement that the contractor provide craft training for journeyman and apprentice levels if all of the following apply:

AThe projectcontractor. meets the prevailing wage requirement under § 6960 of this title.

The contractorsubcontractor. employs 10 or more total employees.

TheA projectprogram isregistered notunder a§ federal1101-4.0 highwayof project,Title except19 forof the projectDelaware underAdministrative paragraphCode.”. (c)(11) of this section.

2.FURTHER AMEND Senate Substitute No.

A1 public works contract must include a requirement that a subcontractor provide craft training for journeymanSenate andBill apprenticeNo. levels if all of the following apply:

A.48 on line 87 by deleting "for 5 years" after "debar" and before "the" therein.

AFURTHER projectAMEND meetsSenate theSubstitute prevailingNo. wage requirement under § 6960 of this title.

B.1 for Senate Bill No.

The48 subcontractoron employsline 1088 orby moreinserting total“for employees.up to 5 years” after “funds” and before the period.

C.SYNOPSIS This Amendment clarifies how the requirement to provide a craft training program can be satisfied, including through a program registered with the Department of Labor.

TheThis projectAmendment isalso notchanges athe federalpenalty highwayfor project,violating exceptthis Act so that instead of being debarred for 5 years, the projectDirector underhas paragraphdiscretion (c)(11)to debar the contractor for a period of thisup section.to 5 years.

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Craft training under paragraphs (d)(13)i.1.

and (d)(13)i.2.

of this section must be provided by the contractor or subcontractor or through agreement with another organization.

(14)a.

Suspension and debarment.

— 1.

Any contractor who fails to perform a public works contract or complete a public works project within the time schedule established by the agency in the invitation to bid, may be subject to suspension or debarment for 1 or more of the following reasons:

a.

A.

Failure to supply the adequate labor supply ratio for the project;

project.

b.

B.

Inadequate financial resources;

or resources.

c.

C.

Poor performance on the project.

D.

Failure to provide required craft training under paragraph (d)(13)i.

of this section.

2.

Any subcontractor who fails to provide required craft training under paragraph (d)(13)i.

of this section may be subject to suspension or debarment.

b.

Upon such failure for any of the above stated reasons, If a contractor fails to perform a public works contract or complete a public works project under paragraph (d)(14)a.

of this section or a subcontractor fails to provide required craft training under paragraph (d)(13)i.

of this section, the agency that contracted for the public works project may petition the Director of the Office of Management and Budget for suspension or debarment of the contractor.

The agency shall send a copy of the petition to the contractor within 3 working days of filing with the Director.

If the Director concludes that the petition has merit, the Director shall schedule and hold a hearing to determine whether to suspend the contractor, debar the contractor or deny the petition.

The agency shall have the burden of proving, by a preponderance of the evidence, that either the subcontractor failed to provide required craft training under paragraph (d)(13)i.

of this section or the contractor failed to perform or complete the public works project within the time schedule established by the agency and failed by failing to do so for 1 or more of the following reasons:

a.

1.

Failure to supply the adequate labor supply ratio for the project;

project.

b.

2.

Inadequate financial resources;

or resources.

c.

3.

Poor performance on the project.

4.

Failure to provide required craft training under paragraph (d)(13)i.

of this section.

c.

1.

Upon a finding in favor of the agency under paragraph (d)(14)b.

of this section because a contractor failed to perform a public works contract or complete a public works project, the Director may suspend a contractor from bidding on any project funded, in whole or in part, with public funds for up to 1 year for a first LC :

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03/26/2019 04:42 PM offense, up to 3 years for a second offense and permanently debar the contractor for a third offense.

The Director shall issue a written decision and shall send a copy to the contractor and the agency.

Such decision may be appealed to the Superior Court within 30 days for a review on the record.

2.

Notwithstanding the penalties under paragraph (d)(14)c.1, of this section, upon a finding in favor of the agency that a contractor or subcontractor failed to perform the requirements under paragraph (d)(13)i.

of this section, the Director shall suspend a contractor or subcontractor who fails to perform the requirements under paragraph (d)(13)i.

of this section and shall debar for 5 years the contractor or subcontractor from bidding on any project funded, in whole or in part, with public funds.

d.

The Director shall issue a written decision and shall send a copy to the contractor and the agency.

Such decision may be appealed to the Superior Court within 30 days for a review on the record.

Section 3.

This Act is effective upon enactment and is to be implemented the earlier of the following:

(1) 1 year from the date of the Act’s enactment.

(2) Upon promulgation of final regulations under this Act and the Secretary of the Department of Labor’s notice to the Registrar of Regulations, published in the Register of Regulations, that the contingency under this paragraph (2) of this section has been fulfilled.

SYNOPSIS This Act requires that bidders for public works contracts that are above a minimum value and required to provide the prevailing wage include approved craft training programs for journeyman and apprentice levels if the contract is not for a federal highway project.

This Substitute Act differs from Senate Bill No.

48 as follows:

1.

Creates a definition of "craft training".

2.

Eliminates requirements that conflict with the prevailing wage requirements.

3.

Increases the number of total employees that require a contractor or subcontractor to provide craft training, from to 10.

4.

Requires the craft training requirement to be in the final contract.

5.

Requires the suspension of a contractor or subcontractor who fails to comply with the craft training requirement and prohibits a contractor or subcontractor who fails to comply with the craft training requirement from bidding on a public works project for 5 years.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Author:

Senator Walsh LC :

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