Subcontract Plan Clause Samples
The Subcontract Plan clause requires a contractor to develop and submit a plan outlining how it will provide subcontracting opportunities to small businesses and other designated groups. Typically, this involves setting specific goals for subcontracting, reporting on progress, and ensuring compliance with federal or organizational requirements regarding diversity and inclusion in procurement. The core function of this clause is to promote fair competition and broaden participation in contracting by ensuring that small and disadvantaged businesses have meaningful opportunities to participate as subcontractors.
Subcontract Plan. Upon execution of this Contract, the Contractor shall submit to the Owner a Subcontract Plan developed during MACC negotiations, in a format satisfactory to the Owner, outlining the Subcontract packages and procurement schedule for each package the Contractor intends to prepare to execute the Project. The Subcontract Plan shall include a statement regarding the work the Contractor intends (if any) to bid on to self-perform and an affidavit stipulating that such work is customarily performed by the Contractor.
Subcontract Plan. In the event that GC/CM included the use of a Mechanical Contractor/Construction Manager (MC/CM) or Electrical Contractor/Construction Manager (EC/CM) in its Preconstruction Work Plan, GC/CM shall submit to the Port for review and approval a subcontract plan for such MC/CM and EC/CM no later than thirty (30) days following the execution of this GC/CM Contract. And no later than forty-five (45) days following the date on which the Drawings and the Specifications are sixty percent (60%) complete (as established by the check set issued by the Designer and stamped as 60% review documents), GC/CM shall prepare and submit a Subcontract Plan for all other subcontractors and suppliers to the Port for review and acceptance. The GC/CM must finalize the Subcontract Plan, and obtain the Port’s final acceptance, by no later than the date the Drawings and Specifications are ninety percent (90%) complete (as established by the check set issued by the Designer and stamped as 90% review documents). Among other things, the Subcontract Plan shall outline the subcontract packages with bid package estimates and a procurement schedule for each package, bidding instructions and standard Subcontract agreements.
3.2.5.1 The GC/CM shall make commercially reasonable efforts to secure at least three bids for each subcontract and equipment package. If the GC/CM receives less than three bids due, in whole or in part, to its lack of effort, the Port, at its discretion, may require that the GC/CM re-bid the package at no additional cost to the Port or impact to the schedule. If the GC/CM receives a single bid for a subcontract bid package, the GC/CM will perform a cost analysis to verify the reasonableness of the bid received and submit that analysis to the Port for review and concurrence, which concurrence will not be unreasonably withheld. This applies to all subcontract and equipment bid packages including the packages whereby the GC/CM decides to submit a bid.
3.2.5.2 The Subcontract Plan is required to address how GC/CM proposes or intends to use the alternative subcontractor selection processes in RCW 39.10.385 and RCW 39.10.400.
3.2.5.3 The Subcontract Plan is required to address and propose an effective process for ensuring that GC/CM obtains, preserves and makes available upon request, sufficient cost data to facilitate the independent audit specified in RCW 39.10.385(11).
Subcontract Plan. The plan that the GC/CM will prepare during Preconstruction Services which identifies all bid packages (including all equipment and material purchases), timing of solicitations of bids for the packages to meet the Contract Time, major coordination issues with other bid packages, means to enhance the opportunity for localsmall business to participate in performing the work, and the extent, if any, to which the GC/CM intends to bid to self-perform any of the work of the bid packages, along with an affidavit stipulating that such work is customarily performed by the GC/CM.
Subcontract Plan. 7.2.1 GC/CM shall proceed in accordance with the Subcontract Plan. The GC/CM may, upon prior written approval by the Port, modify the Subcontract Plan. Any such modification shall be at the sole risk and responsibility of the GC/CM, and without any modification to the Total Contract Cost. If the Work is modified by Change Order, in a manner in which the GC/CM believes may impact the Subcontract Plan, the GC/CM shall submit for review and acceptance an updated Subcontract Plan, and comply with any claim and notice requirements of the Contract Documents for compensation.
7.2.2 Consistent with the Subcontract Plan, the GC/CM may: (i) organize and solicit bids for the subcontract work; (ii) use any Allowances as provided in Section 7.7.2 herein; and (iii) use any alternates in subcontract bid packages when such alternates were specified in the MACC. The GC/CM shall assist the Port to identify and procure late bid packages that are determined by the Port to be beneficial in providing the latest “state of the art” technologies or equipment for the Project.
7.2.3 Before soliciting bids in accordance with the Subcontract Plan, the GC/CM shall submit for review and acceptance by the Port: (i) bidding instructions and supplemental responsibility criteria, if any; (ii) scopes of work for bid packages; (iii) standard Subcontractor agreements; and (iv) any modifications to the Subcontract Plan implemented under Section 7.2.1.
