2-B-Subcontractors List Form Instructions-7.1.2021.docx
DOCX document 104 KB Posted
- Attached to
- Regional Conflict Juvenile Defender
- Solicitation number
- CS27-3
- Issued by
- Utah
About this file
This file contains instructions and a form for subcontractor disclosure requirements issued by the State of Utah Division of Facilities and Construction Management (DFCM) in connection with a Regional Conflict Juvenile Defender contract for legal services provided by the Department of Criminal Justice. The instructions establish mandatory submission procedures requiring the three lowest bidders and any other interested bidders to submit a comprehensive list of all first-tier subcontractors within 24 hours of bid opening. The subcontractor disclosure thresholds are based on project value: for projects under $500,000, all first-tier subcontractors with bids of $20,000 or more must be listed, while projects of $500,000 or more require listing of first-tier subcontractors with bids of $35,000 or more. Bidders must include each subcontractor's name, bid amount, type of work, and applicable Utah Department of Professional Licensing (DOPL) license number if required by state law. The submission deadline is non-negotiable, with failure to comply resulting in bid disqualification and potential action against the bidder's bond.
The instructions allow bidders to designate "Self" for work performed in-house or "Special Exception" for work where qualified subcontractor bids could not be obtained at reasonable cost, provided supporting documentation is submitted. Subcontractors must be appropriately licensed, and bidders may not list more than one subcontractor for the same work category. The DFCM Director retains discretionary authority to withhold contract awards from bidders with unqualified proposed subcontractors and may require changes to listed subcontractors only upon written approval based on established criteria, including demonstration that the change serves the state's interests and the contractor bears any cost increases. Subcontractor bid amounts remain confidential until contract award, and good faith errors may be corrected within 24 hours at the Director's discretion.
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INSTRUCTIONS AND SUBCONTRACTORS LIST FORM
The three low bidders, as well as all other bidders that desire to be considered, are required by law to submit to DFCM within 24 hours of bid opening a list of ALL first-tier subcontractors, including the subcontractor’s name, bid amount and other information required by Building Board Rule and as stated in these Contract Documents, based on the following:
DOLLAR AMOUNTS FOR LISTING:
| Projects Under $500,000 |
| All first tier subs $20,000+ must be listed |
| Projects $500,000+ |
| All first tier subs $35,000+ must be listed |
· Any additional subcontractors identified in the bid documents shall also be listed.
· The DFCM Director 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 being used or because there are no first-tier subcontractors, 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. DFCM 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). 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 Director 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 Director 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 Director may not consider any bid submitted by a bidder if the bidder fails to submit a subcontractor list meeting the requirements of State law. Director may withhold awarding the contract to a particular bidder if one or more of the proposed subcontractors are considered by the Director to be unqualified to do the Work or for such other reason in the best interest of the State of
Utah. Notwithstanding any other provision in these instructions, if there is a good faith error on the sublist form, at the sole discretion of the Director, the Director may provide notice to the contractor and the contractor shall have 24 hours to submit the correction to the Director. 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 Director based on complying with all of the following criteria:
| - | The contractor has established in writing that the change is in the best interest of the State 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. |
| - | The circumstances related to the request for the change do not indicate any bad faith in the original listing of the subcontractors. |
| - | Any requirement set forth by the Director to ensure that the process used to select a new subcontractor does not give rise to bid shopping. |
| - | Any increase in the cost of the subject subcontractor work is borne by the contractor. |
| - | 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. |
| - | The Director 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
NAME OF SUBCONTRACTOR,
“SELF” OR “SPECIAL EXCEPTION”
SUBCONTRACTOR
BID AMOUNT
CONTRACTOR LICENSE #
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.
SUBCONTRACTORS LIST
PROJECT TITLE:
You must read and comply fully with instructions
TYPE OF WORK
NAME OF SUBCONTRACTOR,
“SELF” OR “SPECIAL EXCEPTION”
SUBCONTRACTOR
BID AMOUNT
CONTRACTOR
LICENSE #
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.
PURSUANT TO STATE LAW - SUBCONTRACTOR BID AMOUNTS CONTAINED IN THIS
SUBCONTRACTOR LIST SHALL NOT BE DISCLOSED UNTIL THE CONTRACT HAS BEEN AWARDED.
DFCM SUBCONTRACTOR INSTRUCTIONS AND LIST – 7.1.2021 3
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