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Act 17 SLH 2009 Update

Act 17 SLH 2009. [

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Act 17 SLH 2009 Update

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    1. Associated Builders and contractors Hawai‘i chapter September 23, 2010 Act 17 (SLH 2009) Update

    2. Act 17 SLH 2009 [§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.

    3. Act 17 Solicitation Procedures Procuring Officer to determine if project value is expected to exceed $250,000 If so, solicitation to include apprentice preference provisions Contractor may claim preference with DLIR certification form 1 signed by contractor and sponsor for each apprenticeable trade the contractor will employ on the project Procuring officer to verify certification forms with DLIR

    4. Act 17 Contract Award If contractor certifies participation in applicable apprenticeship programs, the procuring officer shall apply the preference for evaluation purposes If contractor qualifies for other preferences, all preferences shall be applied Any claims challenging a contractor’s representation shall be submitted to the procuring officer who shall refer the challenge to DLIR for investigation and determination

    5. Act 17 Contract Administration For the duration of the contract, the contractor shall certify participation every month using DLIR form 2 A contractor who fails to submit a monthly certification shall be subject to sanctions Withholding of payments until the required forms are submitted Temporary of permanent cessation of work with no recourse to breach of contract claims by the contractor and the governmental body entitled to restitutionfor nonperformance or liquidated damages as appropriate Proceedings to debar or suspend

    7. Where to Look for the Jobs Governor’s CIP Stimulus Website http://hawaii.gov/gov/cip State Procurement Office Website http://hawaii.gov/spo Procurement Notices http://hawaii.gov/spo/procurement-notices/

    13. How Are State Contracts Procured? Unless exempted by law, all procurement of goods, services, or construction by state or county agencies must follow the state procurement code Competitive sealed bidding (§103D-302, HRS) Competitive sealed proposals (§103D-303, HRS) Professional services (§103D-304, HRS) Small purchases (§103D-305, HRS) Sole source procurement (§103D-306, HRS) Emergency procurements (§103D-307, HRS)

    14. State Laws Contractors Must Comply With Ch 237: General Excise Tax Law Ch 383: Hawaii Employment Security Law Ch 386: Workers’ Compensation Law Ch 392: Temporary Disability Insurance Ch 393: Prepaid Healthcare Additional Requirement Applicable License(s)

    15. What About the 80% Hawai‘i Resident Law?

    16. Act 68 SLH 2010 §   -3  Requirements of contractor.  (a)  A contractor awarded any contract shall ensure that Hawaii residents compose not less than eighty per cent of the workforce employed to perform the contract on a particular construction project, as determined under subsection (b).      (b)  The eighty per cent requirement under subsection (a) shall be determined by dividing the total number of hours worked on a contract by residents, by the total number of hours worked by all employees of the contractor in the performance of the contract.  Hours worked for any subcontractor of the contractor shall count towards the calculation for purposes of this subsection.

    17. Act 68 Compliance Requirements Certification of compliance must be monthly by contractor Hours worked by subcontractors shall count towards the calculation Hours worked by employees within shortage trades as determined by DLIR shall not be included in the calculation A contractor who fails to comply shall be subject to sanctions Temporary suspension of work Witholding of payment Permanent disqualification Recovery by government of moneys expended on the contract Debarment

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