R23-1-615. Subcontractor Lists

  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-5-208 and this Rule. For purposes of this Rule R23-1-615, the definitions of Section 63A-5-208 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 in excess of the dollar amounts stated in Subsection 63A-5-208(3)(a)(i)(A).

  (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 Occupational and 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 this Subsection (14).

  (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-5-208(4), a bidder intends to perform the work of a subcontractor or obtain, at a later date, a bid from a qualified subcontractor, the bidder shall:

  (a) comply with the requirements of Section 63A-5-208 and

  (b) clearly list himself/herself 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 his reasonable reliance on information that was provided by the subcontractor and was used to meet the requirements of this section, and, provided that this does not result in an adjustment to the bidder's contract amount.

  (5) Pursuant to Sections 63A-5-208 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. Subsequent to twenty-four hours after the bid opening, the contractor may change his listed subcontractors only after receiving written permission from the Director based on complying with all of 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, but is not limited to, the following reasons:

  (i) the original subcontractor has failed to perform, or is not qualified or capable of performing

  (ii) the subcontractor has requested in writing to be released

  (b) The circumstances related to the request for the change do not indicate any bad faith in the original listing of the subcontractors;

  (c) 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; and

  (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.