AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK. A. The Contractor shall not enter into any Subcontract with any Subcontractor who is suspended or debarred from participating in any contracting programs by the Commonwealth of Virginia, by any public body within the Commonwealth of Virginia, by the United States government, or by any other state or public body within any other state.
B. The Contractor shall not enter into any Subcontract with any Subcontractor who or which is not qualified to do business in Virginia in compliance with applicable law or does not have in effect all licenses and trade certifications required by federal, state or local law to perform the Services or to provide the Goods which are the subject of the Subcontract.
C. Upon request, the Contractor promptly shall file with the Owner a copy of any one or more of its Subcontracts. The Owner has the right to reject any Subcontractor it finds not to be qualified to perform the Work.
D. No action by the Owner shall relieve the Contractor of any of its responsibilities, duties and liabilities under the Contract Documents. The Contractor shall be responsible to the Owner for the acts, defaults, or omissions of the Contractor’s Subcontractors and of its Subcontractors' officers, authorized representatives and employees.
E. Nothing contained in the Contract Documents or in any Subcontract shall operate to, or otherwise have the effect of, creating a contractual relationship between the Owner and any Subcontractor.
AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK. (a) Immediately after the award of the Contract by the Owner, and before the Building Construction Services Agreement is signed by the Prime Contractor and the Owner, the Prime Contractor shall furnish to the Architect/Engineer in writing, for acceptance by the Owner and the Architect/Engineer, a list of the names, addresses, telephone numbers, M/WBE certification numbers (where applicable), and type of work of the Subcontractors (including those who are to furnish materials or equipment fabricated to a special design), proposed for the principal portions of the Work, including furnishings when made a part of the Contract. The Prime Contractor shall immediately notify the Owner in writing of any changes in the list as they occur. The Architect/Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect/Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect/Engineer to reply promptly shall constitute notice of no reasonable objection.
(b) The Prime Contractor shall not Contract with a proposed person or entity to whom the Owner or Architect/Engineer has made reasonable and timely objection.
(c) Architect/Engineer's and Owner's approval of or objection to any Subcontractor or of a particular process or material will not relieve the Prime Contractor of his responsibility for performance of Work as called for under the Contract Documents, and shall not provide a basis for any claim for additional time or money on the part of the Prime Contractor. Approval shall not be construed to create any contractual relationship between the Subcontractor and either the Owner or Architect/Engineer. In no event shall the Contract Sum be increased as a result of the rejection of any Subcontractor.
(d) The Prime Contractor shall not change a Subcontractor previously selected if the Owner or Architect/Engineer makes reasonable objection to such change.
AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK. 5.2.1 The Owner desires to have the best construction product at the lowest cost possible. Therefore, the Owner requires that the Contractors have a minimum of three (3) sealed bids for each division on all Owner construction projects. Before opening any sealed bids the Contractor will verify that three (3) sealed bids from pre-qualified sub-contractors have been received for each division. If less than three (3) sealed bids are received in any division, those sealed bids will be unopened and returned to for rebidding. The Contractor may only proceed with fewer than three (3) sealed bids for good cause, which shall be justified in writing by the Contractor and approved in writing by the project Architect and the Owner Director of Construction or his or her designee.
AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK. A. Unless otherwise specified in the Contract Documents, before entering into any Subcontract for performance of a portion of the Work, the CMR must submit to the Owner’s Representative a written statement setting forth the name, address, and telephone number of the Subcontractor, the portion of the Work the proposed Subcontractor is to perform, and any information intended to prove that the proposed Subcontractor has the necessary facilities, skill, integrity, safety records, past experience and financial resources to perform the Work in accordance with the terms and conditions of the Contract Documents.
B. If the Owner finds, in its sole and absolute discretion, that the proposed Subcontractor is not qualified, the CMR will be Notified in writing within five (5) days of the Owner receiving the request for approval of the Subcontractor. If no such Notice is provided, the Owner shall be deemed to have accepted the Subcontractor. The Owner may retract its acceptance of any Subcontractor in the event such Subcontractor evidences an unwillingness or inability to perform its portion of the Work in strict accordance with the Contract Documents. Notice of such retraction will be given in writing to the CMR. Upon receipt of Notification of such rejection or retraction, the CMR shall, within five (5) days, submit a new Subcontractor for the Owner's approval. No rejection of any Subcontractor as provided herein shall be the basis of any claim by the CMR.
C. The CMR shall not enter into a contract in connection with the Work with any Subcontractor who has been rejected by the Owner and/or the Owner’s Representative, and shall promptly terminate any contract with a Subcontractor who subsequently is rejected by Owner as provided herein.
D. Upon request, the CMR promptly shall file with the Owner a copy of any one or more of its subcontracts. The CMR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CMR in accordance with the terms of these Contract Documents insofar as applicable to the Work of Subcontractors, and to give the CMR the same power to terminate any subcontract that the Owner may exercise to terminate the CMR under the provisions of these Contract Documents. The CMR shall bear all additional expenses due to its exercising of its rights under this paragraph.
E. The Owner's review or acceptance of Subcontractors as described herein shall not relieve the CMR of any of its responsibilities,...
AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK. A. The CMR may only self-perform 10% of the work, and, for the remaining 90% of the work, the CMR must procure it by publically advertised, competitive sealed bidding to the maximum extent practicable. No award shall be made to a Subcontractor if that entity would be deemed not responsible in a solicitation by Owner or any other public body.
B. Upon request, the CMR promptly shall file with the Owner a copy of any one or more of its subcontracts. The CMR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CMR in accordance with the terms of these Contract Documents insofar as applicable to the Work of Subcontractors, and to give the CMR the same power to terminate any subcontract that the Owner may exercise to terminate the CMR under the provisions of these Contract Documents. The CMR shall bear all additional expenses due to its exercising of its rights under this paragraph.
C. The Owner's review or acceptance of Subcontractors as described herein shall not relieve the CMR of any of its responsibilities, duties and liabilities under the Contract Documents. The CMR shall be responsible to the Owner for the acts, defaults, or omissions of the CMR’s Subcontractors and of its Subcontractors' officers, authorized representatives and employees.
AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK. 5.2.1 As soon after the award of the Contract as possible the Contractor shall provide the Owner with a written list of the proposed Subcontractors and significant material suppliers. If the Owner has a reasonable objection to any proposed Subcontractor or material supplier, the Owner shall notify the Contractor in writing. Failure to promptly object shall constitute acceptance.
5.2.2 If the Owner has reasonably and promptly objected as provided in Subparagraph 5.2.1, the Contractor shall not contract with proposed Subcontractor or material supplier, and the Contractor shall propose another acceptable to the Owner. An appropriate Change Document shall reflect any increase or decrease in the Contract Price or Contract Time required by the substitution.
AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK. 5.2.1 The Contractor shall submit to the Owner a list of Subcontractors proposed for the Work per Specifications, Section 00430 Coordination. Subcontractors listed in the bid shall not be replaced without good cause. The Contractor shall indemnify and save harmless the Owner and its agents from the claims of any Subcontractors who allege that the Contractor replaced them without first establishing good cause to justify such a replacement.
AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK. Unless other procedures are specified or required by the Contract Documents or the Bidding Documents, then the following provisions are applicable:
6.2.1 The Parties agree that it is in the best interest of both the Contractor and the State to determine and select subcontractors as soon as possible after the Contractor has been awarded the Project. Therefore the Contractor agrees to furnish to the State in writing the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work within ten (10) working days of xxxx of the Project to the Contractor. The State will reply within ten (10) working days to the Contractor in writing stating whether or not the State, after due investigation, has reasonable objection to any such proposed person or entity.
6.2.2 The Contractor shall not contract with any such proposed person or entity to whom the State has made reasonable objection under the provisions of Subparagraph 6.2.1 of these General Conditions. The Contractor shall not be required to contract with anyone to whom it has a reasonable objection.
6.2.3 If the State has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the State has no reasonable objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an
6.2.4 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the State makes a reasonable objection to such substitution.
AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK. 1 List of Subcontractors/Sub-subcontractors. The Construction Manager, shall furnish in writing to the Owner the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work at a time agreed upon by the Owner. The Owner may reply within 14 days to the Construction Manager in writing stating (1) whether the Owner has reasonable objection to any such proposed person or entity or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14 day period shall constitute notice of no reasonable objection.
AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK.
5.2.1 Prior to executing any Subcontracts for the Work, Contractor shall provide Owner with a list of proposed Subcontractors for Owner’s prior review and approval (the “Subcontractor List”). Owner may object, for any reason, to any proposed Subcontractor within a reasonable time after its receipt of the Subcontractor List. Contractor shall not award any portion of the Work to a Subcontractor that was not nominated before execution of the Agreement, without first obtaining the Contracting Officer’s written consent. If Owner objects to any Subcontractor without cause, and such objection causes an increase in the Contract Price, Owner shall, pursuant to Article 12, order any adjustments in the Contract Price required to make up the difference in cost between the proposed Subcontractor and the Subcontractor approved by Owner, or Contractor’s cost to self- perform that part of the Work involved, whichever is applicable. Contractor shall make no substitution for any Subcontractor, person or entity previously approved by Owner without first obtaining Owner’s written consent.
5.2.2 Contractor shall promptly deliver to the Contracting Officer a complete, executed copy of each Subcontract awarded.
5.2.3 Upon award of a Subcontract, the Subcontractor shall identify its job-site staff and agree that such job-site staff may not be changed or reassigned (except where an individual leaves the employ of the Subcontractor or any affiliate) without the prior written consent of Contractor. Contractor shall consult with the Contracting Officer prior to giving consent to any proposed substitution.
