The division may not consider, or award to, any bid submitted
by a bidder if the bidder fails to submit a subcontractor list meeting the
requirements of Section
63A-5b-605 and this rule. For
purposes of Section R23-1-614, the definitions of
Section 63A-5b-605 shall be applicable.
Within 24 hours after the bid opening time, not including Saturdays, Sundays,
and state holidays, the apparent lowest three bidders, as well as other bidders
that desire to be considered, shall submit to the division a list of their
first-tier subcontractors that are over the dollar amounts stated in Subsection
63A-5b-605(3)(a)(ii).
(1) The subcontractor list shall include the
following:
(a) the type of work the
subcontractor is to perform;
(b)
the subcontractor's name;
(c) the
subcontractor's bid amount;
(d) the
license number of the subcontractor issued by the Utah Division of Professional
Licensing, if such license is required under Utah law; and
(e) the impact that the selection of any
alternate included in the solicitation would have on the information required
by Section
R23-1-614.
(2) The contract documents for a specific
project may require that additional information be provided regarding any
contractor, subcontractor, or supplier.
(3) If pursuant to Subsection
63A-5b-605(7), a
bidder intends to perform the work of a subcontractor or get at a later date, a
bid from a qualified subcontractor, the bidder shall:
(a) comply with the requirements of Section
63A-5b-605 and
(b) clearly list the bidder on the
subcontractor list form.
(4) Errors on the subcontractor list will not
disqualify the bidder if the bidder can demonstrate that the error is a result
of the bidder's reasonable reliance on information that was provided by the
subcontractor and was used to meet the requirements of this rule, and, provided
that this does not result in an adjustment to the bidder's contract
amount.
(5) Pursuant to Sections
63A-5b-605 and
63G-2-305, information contained
in the subcontractor list submitted to the division shall be classified public
except for the amount of subcontractor bids which shall be classified as
protected until a contract has been awarded to the bidder at which time the
subcontractor bid amounts shall be classified as public. During the time that
the subcontractor bids are classified protected, they may only be made
available to procurement and other officials involved with the review and
approval of bids.
(6) Change of
Listed Subcontractors. 24 hours after the bid opening, the contractor may
change the contractor's listed subcontractors only after receiving written
permission from the director based on complying with all the following:
(a) 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 the
following reasons:
(i) the original
subcontractor has failed to perform, or is not qualified or capable of
performing; or
(ii) the
subcontractor has requested in writing to be released.
(b) The circumstances related to the request
for the change do not show any bad faith in the original listing of the
subcontractors.
(c) The contractor
shall comply with 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.
(d) Any increase in the
cost of the subject subcontractor work shall be borne by the
contractor.
(e) 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.
