What are the consequences of not meeting the apprentice utilization requirement?

If you do not meet the requirement of apprentice utilization, per Whatcom County Code 3.72.080:

“In addition to RCW 39.04.320 (4c), failure by a contractor to comply with established apprenticeship requirements, unless otherwise waived or excused in writing by the County Executive or CAP Coordinator pursuant to WCC 3.72.050, 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. Contractors who are found to knowingly violate the requirements under this chapter twice shall be deemed ineligible to bid for County projects for one year and added to a list maintained by the CAP Coordinator.” 

RCW 39.04.320 (4b) outlines a requirement for a monetary incentive for meeting the apprentice hours and a monetary penalty for not meeting the apprentice hours. The value of the incentive and penalty will be determined per project, and the incentive and penalty will be identified in the bid solicitation and contract documents’ special provisions when the project meets the criteria.

  • CAP Utilization Penalty

A monetary penalty will be applied to the contractor failing to meet the apprenticeship utilization requirement. Issuing of this penalty does not limit or preclude the Contracting Agency’s ability to exercise other contractual actions, such as withholding of payment. 

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1. What is a “Registered Apprenticeship Program,” and how can I find one?
2. What labor hours will be counted?
3. Do I have to have apprentices for every trade?
4. Do non-union contractors have to meet the requirement when there are not as many non-union training programs available?
5. If a training program is in the process of being approved by the Washington State Apprenticeship and Training Council, what is recommended to meet the requirements until the program is approved?
6. What is the CAP?
7. What do some of the terms mean?
8. When is the CAP requirement not applicable?
9. Why do we have a CAP?
10. Why does Whatcom County require 15% apprentice utilization?
11. What is the purpose of the CAP Utilization Plan and what is the County looking for in the plan I submit?
12. My plan shows that I cannot meet the apprentice utilization requirement-what should I do?
13. What does documented evidence for an exception or waiver look like?
14. What situations DO NOT meet the intent of the contract in terms of the request for exception and waiver?
15. How will exceptions and waivers be evaluated?
16. What are the consequences of not meeting the apprentice utilization requirement?
17. Financial Incentives/Penalties