Bidders are required to disclose information about first-tier subcontractors who will furnish labor or labor and materials when the contract value for a public improvement is greater than $100,000.

 

For projects advertised after August 1, 2003, all bidders must use the First-Tier Subcontractor Disclosure form dated 8-1-03.

In 2003, ORS 279C.370 impacted requirements for the Subcontractor Disclosure Form.  For projects advertised after August 1, 2003, all bidders must use the First-Tier Subcontractor Disclosure form dated 8-1-03.

 

The Special Provisions, Section 00120.40 (f) regarding disclosure of subcontractors reflects revised requirements resulting from 2003 House Bill 3422.  These requirements include:

 

The amendments apply only to public improvements with a contract value of more than $100,000.

When the contract value for a public improvement is greater than $100,000 bidders are required to disclose information about first-tier subcontractors who will furnish labor or labor and materials (See ORS 279C.370).

 

Specifically, when the subcontract amount of a first-tier subcontractor is equal to or greater than (1) five percent of the total project bid, but at least $15,000, or (2) $350,000 regardless of the percentage of the total project bid, you must disclose the following information:

 

If your bid is greater than $100,000 and you will NOT be using any first-tier subcontractors, you are still required to submit the form with the appropriate box checked or enter "NONE" on the first line.

 

If your bid is greater than $100,000 and you are NOT SUBJECT to the disclosure requirements described above, you are still required to submit the form with the appropriate box checked.

 

ODOT MUST REJECT BIDS if the bidder fails to submit the disclosure form with this  information by the stated deadline.

 

To meet disclosure requirements, ODOT recommends you disclose subcontract information for any subcontractor as follows:

 

1) Determine the lowest possible prime contract price. That will be the base bid amount less all alternate deductive bid amounts (exclusive of any options that can only be exercised after bid award).

 

2) Provide the required disclosure information for any first-tier subcontractor whose potential contract services are equal to or greater than (1) five percent of the lowest contract price, but at least $15,000, or (2) $350,000 regardless of the percentage. Total all possible work for each subcontractor in making this determination.  For example, if a subcontractor will provide $15,000 worth of services on the base bid and $40,000 on an additive alternate, then the potential amount of the subcontractor’s services is $55,000. If $55,000 exceeds five percent of the lowest contract price, provide the disclosure for both the $15,000 services and the $40,000 services.

1. You may obtain the First-Tier Subcontractor Disclosure form in two ways:

 

2. Fill in the appropriate information on the form and submit it by one of the following methods:

 

Note: ODOT is not responsible for partial, failed, illegible, or partially legible e-mail submissions or fax transmissions.

 

3. Be sure the form is received by ODOT not later than two working hours after the time set for opening bids. (For example, by 11:00 a.m. after a 9:00 a.m. bid opening.)