Public WorksQuestion 619 of 690

Under California's Subletting and Subcontracting Fair Practices Act, a prime contractor bidding on a public works project must list each subcontractor whose work exceeds:

a.$25,000 in any category
b.10% of the prime's total bid for any single trade
c.One-half of 1% (0.5%) of the prime contractor's total bid, by name, location, and license number
d.$10,000 or 5% of the bid, whichever is greater

Explanation

Public Contract Code §4104 (the Subletting and Subcontracting Fair Practices Act) requires the prime to list in its bid the name, business location, California contractor license number, DIR registration number, and portion of work for each subcontractor performing work greater than one-half of one percent (0.5%) of the prime's total bid (with a special 1% rule for street/highway work over $1 million). The other thresholds are not in the statute. Failure to list correctly can lead to 'bid shopping' penalties and even forfeiture of the contract or license discipline under §4110.

Law Reference: Public Contract Code §4104

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