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. COL372014 CH. 50 CONTRACTING FOR PUBLIC WORKS

(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.