SQ105-000611-01.docx
DOCX document 40 KB Posted
- Attached to
- Construction, University Drive Bike Lanes
- Solicitation number
- IFB-114424
- Issued by
- Fairfax County, Virginia
About this file
This is a special provision guideline document issued by the Virginia Department of Transportation (VDOT) for federally funded projects, specifically amending Section 105.06 regarding subcontracting requirements. The provision applies to all contractors and subcontractors engaged in VDOT projects and establishes mandatory practices for subcontractor and vendor engagement and oversight. The document does not specify particular products, services, project quantities, response dates, award dates, or contract terms, as it functions as a standing procedural guideline rather than a specific project solicitation.
The provision establishes subcontracting and vendor compliance requirements centered on promoting the use of Small, Women-owned, and Minority-owned (SWaM) businesses certified by the Department of Small Business and Supplier Diversity (DSBSD). Contractors must identify certified Disadvantaged Business Enterprises (DBE) and SWaM businesses on subletting requests (Form C-31) and submit quarterly vendor payment compliance reports (Form C-63) to the District Civil Rights Office detailing all DBE, SWaM, and non-SWaM payments. The contractor bears full responsibility for ensuring all subcontractors and vendors at all tiers comply with these requirements, and the provision must be flowed down contractually through all subcontracting tiers. Non-compliance with reporting requirements may result in delays to final payment under Specification Section 109.10. Bidding on projects with these requirements constitutes acceptance of these contractual obligations at the contractor's expense.
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Text version
SQ105-000611-01 [formerly SQ105-060110-01] GUIDELINES — All federally funded projects. {2007-SU105001B}
VIRGINIA DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION FOR
SECTION 105.06—SUBCONTRACTING
(FEDERAL FUNDED PROJECTS)
February 9, 2017
SECTION 105.06—Subcontracting of the Specifications is amended to include the following:
(d) According to Commonwealth of Virginia Executive Order 20, the Contractor is encouraged to seek out and consider Small, Women-owned, and Minority-owned (SWaM) businesses certified by the Department of Small Business and Supplier Diversity (DSBSD) as potential subcontractors and vendors. Further, the Contractor shall furnish and require each subcontractor (first-tier) to furnish information relative to subcontractor and vendor involvement on the project.
For purposes of this provision, the term “vendor” is defined as any consultant, manufacturer, supplier or hauler performing work or furnishing material, supplies or services for the contract. The Contractor and, or subcontractor (first-tier) must insert this provision in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of this provision are incorporated by reference for work done by vendors under any purchase order, rental agreement or agreement for other services for the contract. The Contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or vendor.
The submission of a bid will be considered conclusive evidence that the Contractor agrees to assume these contractual obligations and to bind subcontractors contractually to the same at the Contractor’s expense.
When an approved Form C-31 “Subletting Request” is required according to IIM-CD-2013-06.01, the Contractor shall indicate on the Subletting Request if a subcontractor is a certified DBE or SWaM business.
The Contractor shall report all DBE, SWaM, and Non SWaM vendor payments quarterly to the District Civil Rights Office. The Contractor shall provide the information in a format consistent with Form C-63, Vendor Payment Compliance Report, subject to the approval of the Engineer.
DBE Participation and reporting shall be in accordance with the Special Provision for Section 107.15 (Use of Disadvantaged Business Enterprises).
If the Contractor fails to provide the required information, the Department may delay final payment according to Specification Section 109.10 of the Specifications.
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