Print Friendly SENATE BILL NO. 1138 – Hwy construction, subcontractors
SENATE BILL NO. 1138
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HIGHWAY CONSTRUCTION - Amends existing law to provide that general
contractors shall not be required to name subcontractors on bids submitted
for certain highway construction projects.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1138
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO SUBCONTRACTORS LISTED ON BID OF GENERAL CONTRACTOR; AMENDING SEC-
3 TION 67-2310, IDAHO CODE, TO PROVIDE THAT GENERAL CONTRACTORS SHALL NOT BE
4 REQUIRED TO NAME SUBCONTRACTORS ON BIDS SUBMITTED FOR HIGHWAY CONSTRUCTION
5 PROJECTS IN WHICH WORK ON PLUMBING, HEATING AND AIR-CONDITIONING, OR ELEC-
6 TRICAL SYSTEMS WILL BE SUBCONTRACTED.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 67-2310, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-2310. SUBCONTRACTORS TO BE LISTED ON BID OF GENERAL CONTRACTOR --
11 EXCEPTIONS. (1) Hereafter, before the state of Idaho, the separate counties,
12 cities, towns, villages or school districts within the state of Idaho shall
13 let contracts for the construction, alteration or repair of any and all build-
14 ings, improvements or public works, and such construction, alteration or
15 repair requires plumbing, heating and air-conditioning work, or electrical
16 work, the general contractor shall be required to include in his bid the name,
17 or names and address, or addresses, of the subcontractors who shall, in the
18 event the contractor secures the contract, subcontract the plumbing, heating
19 and air-conditioning work, and electrical work under the general contract.
20 Provided however, the provisions of this subsection requiring the naming of
21 subcontractors shall not apply to bids submitted for highway construction
23 (2) No general contractor shall name any subcontractor in his bid unless
24 the general contractor has received communication from the subcontractor. For
25 the purposes of this section, "communication" shall include telephone, mail,
26 facsimile machine, in person, or by computer using the internet or a bid ser-
28 (3) In the event a general contractor secures the contract, and if the
29 general contractor and a named subcontractor cannot finalize the terms of
30 agreement between them for any reason other than cost, the general contractor
31 shall name another subcontractor by written notification within ten (10) days
32 of being awarded the public works contract. The general contractor shall dis-
33 close to the public entity the cost for work to be performed by the substitute
34 subcontractor. If the amount of the substitute subcontractor's bid is less
35 than the original subcontractor's bid, the reduction in cost shall be passed
36 through to the benefit of the public entity which awarded the contract.
37 (4) This act shall not apply to the construction, alteration or repair of
38 public buildings under the jurisdiction of the board of regents of the Univer-
39 sity of Idaho.
40 (5) This act shall have no application to the preparation and submission
41 of plans and specifications pursuant to statute or local ordinance.
42 (6) Failure to name subcontractors as required by this section shall ren-
43 der any bid submitted by a general contractor unresponsive and void.
1 (7) At the time subcontractors are named in accordance with the provi-
2 sions of this section, they must possess the appropriate licenses or certifi-
3 cates of competency issued by the state of Idaho covering the contractor work
4 classification in which each respective subcontractor is named.
STATEMENT OF PURPOSE
It is the intent of this legislation to exempt bids on highway
construction projects from the requirement that subcontractors
names and addresses be listed for plumbing, heating, air
conditioning, or electrical work, since such a small number of
highway projects deal with these types of work.
Name: Senator Evan Frasure
Phone: 332 1315
STATEMENT OF PURPOSE/FISCAL NOTE S 1138