A Monthly Public Works Column By Ed Duarte, Construction & Public Works Specialist.
For public works construction projects, the California Public Contract Code (CPCC) requires the entire process to be transparent and accessible to the public. That is why the plans and specifications (Bid Documents) must be openly advertised and in today’s context, be posted online. Furthermore, the Bid Results are available to anyone who requests them and again, are now posted online.
However, the CPCC has an added requirement that protects the subcontractors who bid on the project. This is called the Subcontractors Listing Law which requires that all bidding Primes must list on their bid proposal all subcontractors they plan on utilizing if awarded the contract.
Specifically, it says the prime must list the name and license number of any sub who will receive a subcontract equal to, or greater than, one-half percent (0.5%) of the Prime’s bid. On many of today’s projects, the public owners require the Prime to list the amount of the listed sub’s price as well.
So, if you turn in a sub bid and you think you are “in the running”, simply go to the website the day after the bid and check the Prime’s Bid Proposal Form and Sub List. If they used your number, and it is more than 0.5% of their total bid, then they must have listed your company name and license number. If you are not on the sub list, then they did not use your number.
This law protects any sub from being substituted out without due cause.
Norcal PTAC clients with any specific questions on public works can request a counseling session with Ed. Reach out to your Procurement Specialist to set it up!