SB 438 – AS AMENDED BY THE SENATE
03/20/08 1097s
03/20/08 0869s
2008 SESSION
05/09
SENATE BILL 438
AN ACT relative to contractor accountability and disclosure in the public works construction procurement process.
SPONSORS: Sen. Clegg, Dist 14; Sen. Larsen, Dist 15; Rep. Abbott, Rock 12; Rep. Baldasaro, Rock 3; Rep. Marshall Quandt, Rock 13; Rep. Emerton, Hills 7; Rep. Daniels, Hills 6
COMMITTEE: Executive Departments and Administration
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/20/08 1097s
03/20/08 0869s
08-2820
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
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 the construction, reconstruction, installation, demolition, maintenance, or repair of any building by a public agency, including the community college system and university system of New Hampshire, that is required to be awarded through competitive bidding.
I. A general contractor shall provide to the agency a list of the names, addresses, CEO, CFO, other LLC principals, and each subcontractor to be used in the performance of the contract within 48 hours of the contract award.
II. No general contractor may substitute another subcontractor for a subcontractor listed within the general contractor’s sealed subcontractor list, nor shall the general contractor subcontract work it originally intended to perform without a subcontractor unless the general contractor submits a written notice to the awarding agency, with explanation for the substitution and disclosure of the name, address, CEO, CFO, and other LLC principals, and no such substitution may occur without prior written authorization from the awarding agency. Such authorization shall not be unreasonably withheld.
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, including any construction project undertaken by the community technical college system and the university system of New Hampshire, 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, and by whom that contractor or subcontractor is insured for worker’s compensation purposes. 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.