HB739 (2007) Detail

Relative to contractor accountability and disclosure in the public works construction procurement process.


HB 739 – AS INTRODUCED

2007 SESSION

07-1050

05/01

HOUSE BILL 739

AN ACT relative to contractor accountability and disclosure in the public works construction procurement process.

SPONSORS: Rep. Benn, Graf 9; Rep. Tahir, Hills 9; Sen. DeVries, Dist 18; Sen. D’Allesandro, Dist 20

COMMITTEE: Public Works and Highways

ANALYSIS

This bill establishes contractor accountability and disclosure requirements in the public works construction procurement process.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1050

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to contractor accountability and disclosure in the public works construction procurement process.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Sections; Public Works Design and Construction; Subcontractor Bids; Worksite Accountability. Amend RSA 21-I by inserting after section 81 the following new sections:

21-I:81-a Requirement for Listing Subcontractors Bids for State Construction Contracts. The following requirements apply to road or bridge construction projects under RSA 228:4 and the construction, reconstruction, installation, demolition, maintenance, or repair of any building by a public agency, including the community technical college system and university system of New Hampshire, that is required to be awarded through competitive bidding.

I. A general contractor bidding on a contract for construction work shall include in the general contractor’s bid sealed information, to be opened only upon recommendation of contract award, listing the names, addresses, CEO, CFO, other LLC principals and the bid prices of each subcontractor to be used in the performance of the contract.

II. No general contractor may substitute another subcontractor for a subcontractor listed within the general contractor’s sealed subcontractor list without submitting a written request to the awarding agency, with explanation for the substitution and disclosure of the name, address, CEO, CFO, and other LLC principals and the bid price of the subcontractor to be substituted, and no such substitution may occur without prior written authorization from the awarding agency.

III. This section provides minimum disclosure standards regarding subcontractors and shall not preclude an awarding agency or the college or university system from setting more rigorous standards for construction work under their jurisdiction.

21-I:81-b Worksite Accountability. At the onset of site work on any state construction project, the general contractor or designated project construction manager, if any, shall provide to the awarding agency a list of all subcontractors, and independent contractors on the job site with a record of the entity to whom that subcontractor or independent contractor is directly contracted. This list shall be posted on the jobsite and updated as needed and also posted on the agency website, to be updated weekly. Under no circumstances shall a subcontractor or independent contractor be present on a state construction site without the contractor’s name and direct contracting relationship being posted in the visible location at the worksite.

2 Effective Date. This act shall take effect upon its passage.