Sec. 844. Certification by prospective military construction contractors of good faith effort to utilize qualified apprentices
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Subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense shall require each prospective contractor on a military construction project to certify to the Secretary that, if awarded a contract for the project, the prospective contractor will make a good faith effort to meet or exceed the apprenticeship employment goal on such project. If a prospective contractor fails to certify as required by paragraph (1), the Secretary may not determine such prospective contractor to be a responsible contractor.
In this section, the term apprenticeship employment goal means the utilization of qualified apprentices as not less than 20 percent of the total workforce employed in an apprenticeable occupation (as determined by the Secretary of Labor). In paragraph (1), the term qualified apprentice means an employee participating in an apprenticeship program that is registered with— the Office of Apprenticeship of the Employment Training Administration of the Department of Labor pursuant to the Act of August 16, 1937 (popularly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq.); or a State apprenticeship agency recognized by such Office of Apprenticeship pursuant to such Act.
The Secretary of Defense shall revise the Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of whether the contractor has made a good faith effort to meet or exceed the apprenticeship employment goal, including consideration of actual utilization by the contractor of qualified apprentices, as part of the past performance rating of such contractor.
The Secretary of Defense shall develop incentives for prospective contractors on military construction projects to meet or exceed the apprenticeship employment goal. . The table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following new item: 2870. Utilization of qualified apprentices by military construction contractors. . The amendments made by this section shall apply with respect to contracts awarded on or after the date that is 180 days after the date of the enactment of this Act.
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Sec. 844
Certification by prospective military construction contractors of good faith effort to utilize qualified apprentices
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