GENERAL SERVICES DIVISION

Special Research & Investigation

Subcontractor Approval and Substitution

Vacant - Principal Construction Inspector


(213) 847-2408
SUBCONTRACTOR APPROVAL REQUIREMENTS

ALL SUBCONTRACTORS WHO WILL BE WORKING ON THE PROJECT SHALL BE APPROVED IN WRITING BY THE INSPECTOR OF PUBLIC WORKS PRIOR TO BEGINNING WORK, REGARDLESS OF THE DOLLAR AMOUNT OF WORK TO BE PERFORMED, AND WHETHER OR NOT THEY WERE LISTED IN THE ORIGINAL BID.

All requests for subcontractor approval are to be forwarded to:

John L. Reamer, Jr.
Inspector of Public Works
1149 S. Broadway St., Suite 300
Los Angeles, California 90015
Attn: Division Manager
General Services Division

Information may be FAXED to (213) 847-2772 or eMailed to BCA.Subapproval@lacity.org.

All requests for subcontractor approval must contain the following:


• Project Name
• Project Work Order Number
• Subcontractor's Name
• Subcontractor's Address
• Subcontractor's Phone Number
• Subcontractor's Status ( WBE, MBE, OBE )
• Subcontractor's State of California Contractor License Number
• Subcontractor's L.A. City Business Tax Registration Certificate Number (BTRC)
• Dollar amount of Subcontract work to be performed
• Description of Subcontract work to be performed

Failure to provide any of the information listed will result in denial of approval until such time as the information is provided.

Requirements for approval of subcontractors is contained in Article 00311 of the Bureau of Engineering Master Specification General Conditions.

• Each Subcontractor who will perform work or render services in an amount in excess of ½ of 1 percent of the Contractor's Total Original Bid, or $10,000, whichever is greater, must be listed in the original bid.

• Subletting or Subcontracting of any portion of the work in excess of ½ of 1 percent of the Contractor's Total Original Bid, or $10,000, whichever is greater, for which no Subcontractor was designated in the original bid shall be permitted only in cases of public emergency or necessity, and then only after a finding reduced in writing as a public record of the Inspector setting forth the facts constituting the emergency, necessity, or change in scope.

• If the Contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same portion of work to be performed under the contract in excess of ½ of 1 percent of the Contractor's Total Original Bid, or $10,000, whichever is greater, the Contractor agrees that it is fully qualified to perform that portion of the work itself, and that it shall perform that portion itself.

• Escrow documents and/or Good Faith Documentation are not considered part of the Contractor's Original Bid and will not be considered when determining approval of subcontractor requests.

• Failure to obtain approval by the Inspector prior to each Subcontractor performing work on the Project may result in suspension of work by that subcontractor, removal of work performed by unapproved subcontractor(s), assessment of penalties, and possible sanctions against the Contractor.

• Additional Subcontractor(s) may be added after the time of the original Bid. The value of work to be performed by additional Subcontractor(s) may not be greater than ½ of 1 percent of the Contractor's Original Total Bid, or $10,000, whichever is greater, unless the Subcontractor will be performing work added by Change Order.

SUBCONTRACTOR SUBSTITUTIONS

A CONTRACTOR WHOSE BID IS ACCEPTED MAY NOT:


1. SUBSTITUTE ANY PERSON AS SUBCONTRACTOR IN PLACE OF A SUBCONTRACTOR LISTED IN THE ORIGINAL BID, EXCEPT THAT THE INSPECTOR, ACTING ON BEHALF OF THE BOARD, MAY CONSENT TO THE SUBSTITUTION OF ANOTHER SUBCONTRACTOR FOR ONE OF THE FOLLOWING REASONS:

• When the Subcontractor listed in the bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when that written contract, based upon the general terms, conditions, plans, and specifications for the project involved or the terms of that Subcontractor's written bid, is presented to the subcontractor by the prime contractor.

• When the listed Subcontractor becomes bankrupt or insolvent.

• When the listed Subcontractor fails or refuses to perform his or her subcontract.

• When the listed Subcontractor fails or refuses to meet the bond requirements of the prime contractor.

• When the prime contractor demonstrates to the Inspector that the name of the subcontractor was listed as the result of an inadvertent clerical error.

• When the listed subcontractor is not licensed pursuant to the State of California Contractor's License Law.

• When the Inspector determines that the work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the plans and specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the work.

• When the listed Subcontractor is ineligible to work on a Public Works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

• When the Board determines that a listed Subcontractor is not a responsible contractor.

2. Permit a subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the Original Bid, without the consent of the Inspector.

3. Other than in the performance of Change Orders causing changes or deviations from the original contract, sublet or contract any portion of the work in excess of ½ or 1 percent of the Prime Contractor's total original bid as to which his or her original bid did not designate a subcontractor.

Prior to approval of the Prime Contractor's request for the substitution:

• The Contractor shall conduct a Good Faith Effort prior to approval of any requested Subcontractor substitution, regardless of the status (WBE/MBE/OBE/DBE) of the contractor being substituted for. For MBE/WBE/OBE Subcontractor substitution requests, the Contractor shall comply with the Good Faith Effort requirements of Part III (F) (2) of the Bid Proposal. The Good Faith Effort for any requested Subcontractor substitution must be reviewed and approved by the Special Research and Investigation Section of the General Services Division of the Bureau of Contract Administration, whether the Subcontractor was Bid listed or approved after the Award of the Project.

• The Inspector shall give notice in writing to the listed Subcontractor of the Prime Contractor's request to substitute and the reason(s) for the request. The notice shall be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) working days within which to submit written objection(s) to the substitution to the Inspector. Failure to file these written objection(s) shall constitute the listed subcontractor's consent to the substitution.

If written objection(s) are filed, the Inspector shall give notice in writing of at least five (5) working days to the listed Subcontractor of a hearing by the Board on the Prime Contractor's request for substitution.

The decision by the Board regarding the request for substitution shall be binding to both parties.