TSP Impacts Due to the Suspension of New Apprenticeship Programs
On August 28, 2007, Governor Spitzer announced that “Effective immediately, the [NYS]DOL was suspending the development and approval of apprenticeship training programs in all trades. The addition of new participating employers to existing programs is also being suspended.”
Some NYSDOT contracts include Item 691.03----20 Training Requirements, as issued by EI 06-018 on August 14, 2006, commonly referred to as the training special provision (TSP). This item requires the Contractor to provide the meaningful and effective training of two or more apprentices/trainees. The number of apprentices/trainees required is based on the contract bid amount, and the affirmative action trade/classification targets are dependent on the Region where the contract is located. In Regions 1, 2, 3, 4, 5, 8, 10 and 11, only apprentices may be used to meet the requirements of Item 691.03----20. In Regions 6, 7 and 9, either apprentices or FHWA approved OJT trainees may be used.
Questions have arisen regarding what impact the Governor’s suspension may have on NYSDOT contracts, particularly on the pre-award review of bid submissions for contracts that include TSP. Some Contractors, who are participants in existing apprenticeship programs, may be able to comply with the TSP while other Contractors, who are not participants in existing apprenticeship programs, may not be able to provide the required apprentices. Some Contractors who may be unable to provide apprentices have questioned if they should bid contracts that include the TSP item.
The provisions of Item 691.03----20 allow for the submission of a TSP waiver request in unusual circumstances (EI 06-018 page 6 of 8). These circumstances include situations where it would be impractical to meet the TSP requirements, such as the lack of available apprentices/trainees. Waiver requests may be submitted at any point after the contract letting date. The provisions also note that TSP waivers are not necessarily permanent, particularly if based on available workforce reasons. Whenever there are any changes in the availability of apprentices/trainees, TSP waivers shall be reevaluated.
Therefore, if a Contractor cannot meet the TSP requirements of a contract because their firm is unable to participate in an apprentice program due to the NYSDOL suspension, the Contractor may submit a bid and, if they are the apparent or successful low bidder, submit a TSP waiver request after the contract letting. Apparent or successful low bidders who are able to provide apprentices under existing programs will still be required to comply with the TSP requirements.
The Department will monitor the impacts the suspension has on the TSP program, and may consider revising the current Item 691.03----20 provisions as warranted.