Delaware Code
Subchapter IV. Public Works Contracting
§ 6960A. Craft training requirement.

(a) (1) A contract relating to a public works project under § 6962 of this title must include a craft training program for each craft in the project if at the time the contractor executes a public works contract, all of the following apply:

a. A project meets the prevailing wage requirement under § 6960 of this title.
b. The contractor employs 10 or more total employees.
c. The project is not a federal highway project, except for the project under § 6962(c)(11) of this title.
d. There is an apprenticeship program for a craft in the project on the list of crafts under § 204(b)(2) of Title 19.
(2) A contractor must commit that all subcontractors provide craft training if paragraph (a)(1) of this section applies to the subcontractor.
(b) (1) If a contract requires a craft training program under subsection (a) of this section, the contractor must satisfy the craft training requirement before the contract is executed. A contractor or subcontractor may satisfy the craft training requirement under this section by doing any of the following for each craft under subsection (a) of this section:

a. Having at least 1 active apprentice in a craft training program for the craft.
b. Having at least 1 active apprentice who completes a craft training program for the craft within the 6 months before the date the contract was executed.
c. Being a member of a consortium that provides craft training for the craft and all of the following apply to the craft training program for the craft:

1. The consortium requires a regular financial contribution.
2. The contractor or subcontractor has access to the craft training program.
3. There is at least 1 active apprentice in the craft training program.
d. Making a payment under subsection (c) of this section.
(2) The craft training program under paragraphs (b)(1)a. through (b)(1)b. of this section may be provided by the contractor or subcontractor or through agreement with another entity.
(3) The active apprentice under paragraphs (b)(1)a. through (b)(1)b. of this section does not have to work on the contract being executed under paragraph (b)(1) of this section.
(c) (1) For contracts executed after [the implementation date under 83 Del. Laws, c. 129, § 6], a contractor or subcontractor may satisfy the craft training requirement under this section by making a payment in the amount established under § 204(b)(2)b.2. of Title 19, for the craft into the Apprenticeship and Training Fund of the Department Labor.
(2) For each calendar year, a contractor or subcontractor satisfies the craft training requirement for all contracts executed during that year when payments made under paragraph (c)(1) of this section after January 1 equal the following amounts:

a. For employers with 10 through 25 employees, payments that total $10,000.
b. For employers with more than 25 employees, payments that total $20,000.
(d) (1) All contracts that require a craft training program under subsection (a) of this section must contain a penalty provision against the successful bidder for the failure to comply with the requirements under this section. The penalty provision must require all of the following:

a. The contractor must pay the amount of the payment required under subsection (c) of this section to the Apprenticeship and Training Fund.
b. An amount that does not exceed 10 percent of the payment under paragraph (d)(1)a. of this section.
(2) A penalty assessed under paragraph (d)(1) of this section may be fully or partially remitted or refunded by the agency awarding the contract only if the contractor establishes compliance within 60 days of the notice of the penalty. A claim for remission or refund of a penalty may only be granted if an application for the remission or refund is filed within 1 year of the notice of the penalty.
(3) All money received from penalties under paragraph (d)(1)b. of this section, that is not remitted or refunded, reverts to the government entity under the contract for which the penalty was imposed.