Whitemarsh Township
Board of Supervisors
Responsible contractor rules
Draft ordinance
On the agenda for October 8, 2026
Replaces Section 3-71(K) of the township code
Public contracts
Whitemarsh's draft contractor ordinance would require 70% of craft workers on township jobs of $250,000 or more to come from apprenticeship programs
Whitemarsh's draft rules for township projects of $250,000 or more require 70% of craft workers to be Class A apprentices or graduates in their trade.
70%
of the craft workers on a covered project must be graduates of or apprentices in a Class A program in the trade they work
- Projects covered
- $250,000 or more
- Current rule: over $100,000
- Items each firm certifies
- 17
- Prime and every subcontractor
- Subcontractor list due
- 14 days
- After the Notice of Intent to Award
Whitemarsh Township's Board of Supervisors put an ordinance on its October 8, 2026 agenda that repeals the township's responsible contractor rules for public work and replaces them. A responsible contractor ordinance sets the tests a low bidder must pass before a public owner can award it the job.
The draft in the meeting packet covers township construction, demolition, renovation and maintenance projects valued at $250,000 or more. It reaches every contractor and subcontractor on those projects at any tier and requires that at least 70% of the craft workers on a project be graduates of or apprentices in a qualifying apprenticeship program in the trade they work. The supervisors voted 5 to 0 on September 10 to have the township solicitor advertise the amendments, according to the minutes in the same packet.
The section being replaced, Section 3-71(K) of the township code, applies to contracts over $100,000, according to a letter from the township engineer in the packet that quotes it.
The draft raises the threshold from over $100,000 to $250,000 and adds subcontractors and the 70% test
| Provision | Current Section 3-71(K), as the engineer quotes it | Draft ordinance |
|---|---|---|
| Contracts covered | Contracts exceeding $100,000 | Projects valued at $250,000 or more |
| Who certifies | General contractor or construction manager or other lead or prime contractor | The prime contractor and every subcontractor at any tier |
| When the prime certifies | At the time it submits its bid | As a condition of bidding; a firm without one is disqualified |
| Apprenticeship | Class A apprenticeship program for each trade in which the firm employs craft workers | Class A program for each trade plus at least 70% of craft workers who are Class A graduates or apprentices |
Every prime contractor certifies 17 items under penalty of perjury
The general contractor, construction manager or other prime contractor files a Contractor Responsibility Certification on a township form that names the project. A firm that fails to provide one is disqualified from bidding, and the draft bars any claim against the township over a bid refused for a missing, incomplete or vague certification. The person who signs attests to its accuracy under penalty of perjury.
The record items look back three years for debarment, project defaults, license revocations and violations of contracting laws, including tax, licensing and prevailing wage laws, that ended in a fine, back pay or other penalty of $2,500 or more. Criminal convictions of the firm or its principals related to its contracting business look back ten years.
Four record checks look back three years, and the conviction check looks back ten
For the project, the firm commits to pay Pennsylvania prevailing wage and fringe rates and to assign workers only to their own trade. Every craft worker must have finished OSHA's 10-hour course before starting work, and a prime contractor needs at least one person on the project with the 30-hour construction course.
Two of the 17 items are the apprenticeship tests
| Item | What the firm certifies | Look-back period |
|---|---|---|
| 1 | The firm and its employees hold every license and registration required for the work it self-performs | Current |
| 2 | The firm meets the bonding and insurance requirements for the contract | Current |
| 3 | No debarment or suspension by any government agency | 3 years |
| 4 | No default on any project | 3 years |
| 5 | No business or trade license or registration revoked or suspended | 3 years |
| 6 | No conviction of the firm or its principals for a crime related to its contracting business | 10 years |
| 7 | No violation of a law that applies to its contracting business with a fine or back pay or other penalty of $2,500 or more | 3 years |
| 8 | Enough craft workers for its own work and workers assigned only to work in their trade | For the project |
| 9 | Pennsylvania prevailing wage and fringe rates for all craft employees including custom fabrication done off site for the project | For the project |
| 10 | OSHA 10-hour course completed by every craft worker before working on the project and at least one person with the OSHA 30-hour course on a prime contractor's project | For the project |
| 11 | Participation in a Class A apprenticeship program for each trade in which it employs craft workers | Past 5 years for graduations |
| 12 | At least 70% of craft workers on the project are graduates of or apprentices in a Class A program in the trade they work | For the project |
| 13 | Craft workers assigned only to the craft or trade in which they are employed | For the project |
| 14 | Equipment and personnel and financial resources to perform the contract | For the project |
| 15 | Notice to the township within 7 days of any material change in what the firm certified | For the project |
| 16 | Signature under penalty of perjury by a person with knowledge of every item | At signing |
| 17 | Waiver of claims against the township if a bid is refused over a missing or incomplete certification | At signing |
A Class A program has graduated apprentices in three of the past five years
The draft defines a Class A apprenticeship program as one registered with and approved by the U.S. Department of Labor or a state apprenticeship agency that has graduated apprentices to journeyperson status in at least three of the past five years. In Pennsylvania the state agency is the Department of Labor and Industry's Apprenticeship and Training Office, which approves and monitors registered programs.
A firm attaches proof of a Class A program for each trade it will employ. For the 70% test, the prime contractor lists the qualifying workers, with proof from the state or the U.S. Department of Labor that each one graduated from or is enrolled in a Class A program in the trade they perform on the job.
Subcontractors certify the same 17 items within 14 days of the notice
After bids open, the township issues a Notice of Intent to Award to the lowest responsive and responsible bidder. Within 14 days of that notice, the bidder submits a Subcontractor List with each subcontractor's name, address and scope, along with a certification from each one that covers the same 17 items, apprenticeship included. A subcontractor that is a sole proprietorship must add its Employer Identification Number and its licenses and registrations, so the prime can show it is a business and not a misclassified employee. No subcontractor can be swapped without the township's written approval and a new certification.
If a subcontractor does not qualify, the township can let the bidder substitute a qualified firm, require it to self-perform the work if it holds the licenses, or disqualify the bidder, and the prime cannot bring a claim over the decision. The certifications and lists are open to public inspection, and anyone may file a protest with supporting evidence. A firm that knowingly or recklessly gives false information is barred from township work for three years.
Seven steps run from the bid to a signed contract
- 1
With the bid
Prime contractor submits its Contractor Responsibility Certification. A firm that fails to provide one is disqualified from bidding
- 2
As soon as practicable after bid opening
Township issues a Notice of Intent to Award to the lowest responsive and responsible bidder on condition of the review
- 3
Within 14 days of the notice
Prospective awardee submits its Subcontractor List and a Subcontractor Responsibility Certification for each subcontractor at any tier
- 4
At least 10 days before the contract is signed
Certifications and subcontractor lists are open to public inspection and anyone may file a protest with supporting evidence
- 5
Time set by the township
Township reviews the firm and its subcontractors and issues a written Contractor Responsibility Determination
- 6
10 calendar days after the determination
Notice and certifications and subcontractor lists and the determination are posted on a public website
- 7
After all requirements are met
Contract is executed
The engineer recommended rejecting a $102,300 low bid in favor of one $71,800 higher
On September 29 the township opened three bids for invasive plant removal at Abolition Hall, Bid Specification 2026-04. The low bid was $102,300. In an October 1 letter, the township engineer recommended rejecting it for three reasons: it left out unit prices for two items, it came without the responsibility certification, and the certification the bidder supplied afterward indicated the firm does not take part in a Class A program for each trade it employs.
The letter recommends an award to Stonewood Landshaping, Inc. at $174,100, which is $71,800 more than the rejected bid, and the October 8 agenda carries that motion. At $174,100, a job like this one is below the new ordinance's $250,000 threshold, so its requirements would not apply.
The two lowest Abolition Hall bids fall between the current $100,000 line and the draft's $250,000 line
| Bid | Total bid | Bar from zero | Township engineer's recommendation |
|---|---|---|---|
| Lowest bid | $102,300.00 | Reject: unit prices missing for two items; no responsibility certification with the bid; the later certification indicated no Class A apprenticeship program for each trade | |
| Stonewood Landshaping Inc. | $174,100.00 | Award as lowest responsive bidder | |
| Third bid | $558,479.55 | None |
The wage item reaches custom fabrication, as Senate Bill 908 would
The draft's prevailing wage item extends the wage to employees who do custom fabrication for the project, meaning nonstandard goods or components fabricated or assembled off site specifically for it. Senate Bill 908 would add a similar definition to the state Prevailing Wage Act. The House gave the bill second consideration on October 7, 2026 and sent it to the Appropriations Committee, according to its history. For the bill's definition and the committee vote, see the October 6 article on Senate Bill 908.
What to check before you bid Whitemarsh work
List every trade you plan to self-perform on a township job of $250,000 or more, and confirm that each one is covered by a registered program that has graduated apprentices in three of the last five years. The program sponsor can show its graduation record. The state Apprenticeship and Training Office answers questions at apprenticeship@pa.gov and 717-787-6997.
Count the crew against the 70% test before you price the job, your own workers and each subcontractor's. Every sub certifies the same items within 14 days of the notice, so collect their OSHA 10 cards and apprenticeship records while you are still pricing. A sub that cannot certify could force a substitution or self-performance after you have bid.
The draft adds to the township's other qualification standards, so read the bid documents for the certification form and anything else they require. Ask the township about an unclear requirement before bid day, and ask your own attorney about your firm's legal exposure. For where township and county bids are posted, see where public construction bids are posted for Conshohocken-area work. For the state wage rules, see how Pennsylvania's Prevailing Wage Act applies to public construction jobs.
Caveats
The October 8 agenda lists the ordinance for adoption, and its signature block is dated that day. The minutes of the meeting were not yet posted when this was checked, so whether the board adopted it, and in what form, could not be verified. The draft takes effect on the earliest date the township's home rule charter allows.
The comparison with the current section rests on the engineer's letter, which quotes its threshold, timing and apprenticeship condition. The packet does not reprint the rest of the current text.
The ordinance covers Whitemarsh Township's own public works projects. It does not apply to private development in the township or to projects bid by other public owners, such as Conshohocken Borough or Plymouth Township.
The Whitemarsh packet was checked on October 13, 2026.