1--4- 1.4 Section 2 Document 5.0 Sub-Contractors Modified-.docx
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- Attached to
- SLCo FAC133003 ECC Server Room HVAC - CONST
- Solicitation number
- SLCo FAC133003 ECC Server Room HVAC - CONST
- Issued by
- Utah
About this file
This is an Instructions and Subcontractors List Form for a Utah County construction project involving HVAC system upgrades in a facilities server room. The document outlines mandatory requirements for all bidders—including the low bidder and any other bidders seeking consideration—to submit a comprehensive list of all first-tier subcontractors within 24 hours of request. For projects under $500,000, bidders must list all first-tier subcontractors; for projects $500,000 or more, the same requirement applies. The subcontractor list must include the subcontractor's name, bid amount, type of work performed, and contractor license number as issued by the Utah Department of Professional Licensing (DOPL) if required by state law. Bidders may designate "Self" for work they intend to perform directly or "Special Exception" when unable to obtain a qualified bid at a reasonable cost, provided they submit supporting documentation and the County determines compliance with state law requirements. Failure to submit a properly completed and signed subcontractor list constitutes grounds for bid rejection and potential action against the bidder's bid bond.
Subsequent to bid opening, contractors may change listed subcontractors only with written County approval and only when demonstrating the change is in the County's best interest, establishing appropriate justification such as subcontractor nonperformance or lack of qualification, ensuring no bad faith conduct, and complying with bid-shopping prevention measures. Any cost increases associated with subcontractor changes are the contractor's responsibility, while cost decreases result in deductive change orders. Subcontractor bid amounts contained in the list remain confidential until contract award. The document specifies that subcontractors include trade contractors and specialty contractors but exclude material, equipment, or supply vendors. Good faith errors on the subcontractor list form may be corrected within 24 hours at the County's sole discretion.
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Text version
Section 2 - Document 5.0
INSTRUCTIONS AND SUBCONTRACTORS LIST FORM
The low bidders, as well as all other bidders that desire to be considered, are required by law to submit to Contracts and Procurement within 24 hours of the request a list of ALL first-tier subcontractors, including the subcontractor’s name, bid amount and other information required by State Law and the County and as stated in these Contract Documents, based on the following:
DOLLAR AMOUNTS FOR LISTING
| PROJECTS UNDER $500,000: | ALL FIRST-TIER SUBS |
| PROJECTS $500,000 OR MORE: | ALL FIRST-TIER SUBS |
| Any additional subcontractors identified in the bid documents shall also be listed. |
| The County may not consider any bid submitted by a bidder if the bidder fails to submit a subcontractor list meeting the requirements of State law. |
| List subcontractors for base bid as well as the impact on the list that the selection of any alternate may have. |
| Bidder may not list more than one subcontractor to perform the same work. |
· If there are no subcontractors for the job that are required to be reported by State law (either because there are no subcontractors that will be used on the project or because there are no first-tier subcontractors over the dollar amounts referred to above), then you do not need to submit a sublist. If you do not submit a sublist, it will be deemed to be a representation by you that there are no subcontractors on the job that are required to be reported under State law. At any time, Contracts and Procurement reserves the right to inquire, for security purposes, as to the identification of the subcontractors at any tier that will be on the worksite.
LICENSURE:
The subcontractor’s name, the type of work, the subcontractor’s bid amount, and the subcontractor's license number as issued by DOPL, if such license is required under Utah Law, shall be listed. Bidder shall certify that all subcontractors, required to be licensed, are licensed as required by State law. A subcontractor includes a trade contractor or specialty contractor and does not include suppliers who provide only materials, equipment, or supplies to a contractor or subcontractor.
‘SPECIAL EXCEPTION’:
A bidder may list ‘Special Exception’ in place of a subcontractor when the bidder intends to obtain a subcontractor to perform the work at a later date because the bidder was unable to obtain a qualified or reasonable bid under the provisions of U.C.A. Section 63A-5-208(4) (substitute Facilities Management Director where the term “director” is used in the cited statute). The bidder shall insert the term ‘Special Exception’ for that category of work, and shall provide documentation with the subcontractor list describing the bidder’s efforts to obtain a bid of a qualified subcontractor at a reasonable cost and why the bidder was unable to obtain a qualified subcontractor bid. The County must find that the bidder complied in good faith with State law requirements for any ‘Special Exception’ designation, in order for the bid to be considered. If awarded the contract, the County shall supervise the bidder’s efforts to obtain a qualified subcontractor bid. The amount of the awarded contract may not be adjusted to reflect the actual amount of the subcontractor’s bid. Any listing of ‘Special Exception’ on the sublist form shall also include amount allocated for that work.
GROUNDS FOR DISQUALIFICATION:
The County may not consider any bid submitted by a bidder if the bidder fails to submit a subcontractor list meeting the requirements of State law. County may withhold awarding the contract to a particular bidder if one or more of the proposed subcontractors are considered by the County to be unqualified to do the Work or for such
INSTRUCTIONS AND SUBCONTRACTORS LIST FORM
Page No. 2 other reason in the best interest of the County. Notwithstanding any other provision in these instructions, if there is a good faith error on the sublist form, at the sole discretion of the County, the County may provide notice to the contractor and the contractor shall have 24 hours to submit the correction to the County. If such correction is submitted timely, then the sublist requirements shall be considered met.
CHANGES OF SUBCONTRACTORS SPECIFICALLY IDENTIFIED ON SUBLIST FORM:
Subsequent to twenty-four hours after the bid opening, the contractor may change its listed subcontractors only after receiving written permission from the County based on complying with all of the following criteria.
| (1) | The contractor has established in writing that the change is in the best interest of the County and that the contractor establishes an appropriate reason for the change, which may include, but not is not limited to, the following reasons: the original subcontractor has failed to perform, or is not qualified or capable of performing, and/or the subcontractor has requested in writing to be released. |
| (2) | The circumstances related to the request for the change do not indicate any bad faith in the original listing of the subcontractors. |
| (3) | Any requirement set forth by the County to ensure that the process used to select a new subcontractor does not give rise to bid shopping. |
| (4) | Any increase in the cost of the subject subcontractor work is borne by the contractor. |
| (5) | Any decrease in the cost of the subject subcontractor work shall result in a deductive change order being issued for the contract for such decreased amount. |
(6) The County will give substantial weight to whether the subcontractor has consented in writing to being removed unless the Contractor establishes that the subcontractor is not qualified for the work.
EXAMPLE:
Example of a list where there are only four subcontractors:
TYPE OF WORK
SUBCONTRACTOR,
“SELF” OR “SPECIAL EXCEPTION”
SUBCONTRACTOR
BID AMOUNT
CONTRACTOR LICENSE #
DIVISION ID
ELECTRICAL
ABCD Electric Inc.
$350,000.00
123456789000
LANDSCAPING
“Self” *
$300,000.00
123456789000
CONCRETE (ALTERNATE #1)
XYZ Concrete Inc
$298,000.00
987654321000
MECHANICAL
“Special Exception” (attach documentation)
Fixed at: $350,000.00
(TO BE PROVIDED AFTER OBTAINING SUBCONTRACTOR)
* Bidders may list “self”, but it is not required.
PURSUANT TO STATE LAW - SUBCONTRACTOR BID AMOUNTS CONTAINED IN THIS
SUBCONTRACTOR LIST SHALL NOT BE DISCLOSED UNTIL THE CONTRACT HAS BEEN AWARDED.
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Section 2
SUBCONTRACTORS LIST
PROJECT TITLE:
Caution: You must read and comply fully with instructions.
TYPE OF WORK
SUBCONTRACTOR,
“SELF” OR “SPECIAL EXCEPTION”
SUBCONTRACTOR
BID AMOUNT
CONTRACTOR LICENSE #
DEPARTMENT ID
We certify that:
| l. | This list includes all subcontractors as required by the instructions, including those related to the base bid as well as any alternates. |
| 2. | We have listed “Self” or “Special Exception” in accordance with the instructions. |
| 3. | All subcontractors are appropriately licensed as required by State law. |
FIRM:
DATE: SIGNED BY:
NOTICE: FAILURE TO SUBMIT THIS FORM, PROPERLY COMPLETED AND SIGNED, AS REQUIRED IN THESE CONTRACT DOCUMENTS, SHALL BE GROUNDS FOR OWNER’S REFUSAL TO ENTER INTO A WRITTEN CONTRACT WITH BIDDER. ACTION MAY BE TAKEN AGAINST BIDDERS BID BOND AS DEEMED APPROPRIATE BY OWNER. ATTACH A SECOND PAGE IF NECESSARY.
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