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S1138.....................................................by TRANSPORTATION 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 22 projects. 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- 27 vice. 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. 2 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 RS 11012 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. FISCAL IMPACT None Contact Name: Senator Evan Frasure Phone: 332 1315 STATEMENT OF PURPOSE/FISCAL NOTE S 1138