Do Your Contracts Address Subcontractor Responsibility Criteria and Verification?

Whether you are a public agency, contractor, or subcontractor doing public works construction in the State of Washington, you should review your contracts to ensure they address the subcontractor responsibility requirements of RCW 39.06.020.  Here's what that law states:

A public works contractor must verify responsibility criteria for each first tier subcontractor, and a subcontractor of any tier that hires other subcontractors must verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license, if required by chapter 70.87 RCW. This verification requirement, as well as the responsibility criteria, must be included in every public works contract and subcontract of every tier. (emphasis added)

Action steps:  

• Public agencies:  Do your contracts address subcontractor responsibility criteria and the verification process?

• Contractors and subcontractors:  Do your contracts address subcontractor responsibility criteria and the verification process?

• CPARB language:  The Capital Projects Advisory Review Board (CPARB) has adopted Suggested Guidelines for Bidder Responsibility that includes suggested language on this issue for public works contracts for agencies and contractors.  Click here for CPARB's website where you can view the Guidelines.

Mike Purdy's Public Contracting Blog
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