Guam § 50108 - Credits for Using Citizens and Permanent Residents;

§ 50108. Credits for Using Citizens and Permanent Residents;

Amounts.

(a) In order to induce contractors to hire more United States citizens

and permanent residents and to encourage training and apprenticeship

programs, all bids submitted for government of Guam public works

contracts, including service contracts, shall be adjusted in accordance

with the following schedule:

(1) A bid credit of 22% for that bidder which has and

maintains throughout the term of the contract a total workforce of

which no less than 25% are citizens or permanent residents of the

United States;

(2) A bid credit of 5% for that bidder which has and maintains

throughout the term of the contract a total workforce of which no

less than 30% are citizens or permanent residents of the United

States;

(3) A bid credit of 10% for that bidder which has and maintains

throughout the term of the contract a total workforce of which no

less than 40% are citizens or permanent residents of the United

States.

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(b) To be eligible to participate in the above described credit system

the bidder must have in force and effect a training and apprenticeship

program to train local employees. All H-2 workers employed by any

bidder must upon entering Guam be able to pass an English Proficiency

Examination in both writing and verbal skills. The standard for this

requirement is recommended as Grade Level 3.

(c) The Department of Labor shall certify to the agency awarding a

contract as to the percentage of citizen and permanent resident

employees of the bidder and their subcontractors and shall monitor

performance of such contract by the bidder and its subcontractors

awarded the same to make certain that the percentage of such employees

upon which the bid was awarded is maintained for the full term of the

contract. If at any time during the term of the contract the percentage of

citizens and permanent residents in the total workforce is less than the

percentage which was required for the award of a bid credit pursuant to

subsection (a) of this section, amounts payable under said contract shall

be reduced by the amount of the bid credit which the contractor was

awarded; provided, that, said reduction shall be offset by the amount of

bid credit said contractor would be entitled to by virtue his employment

of citizens or permanent residents within the total workforce.

(d) The Director of Labor is authorized to issue rules, pursuant to

the provisions of the Administrative Adjudication Law [5 GCA Chapter

9], to carry out the provisions of this Section and of 50109 of this

Chapter.