Subcontractand Sub-Agreement Requirements
Subcontracts and/or sub-agreements must be submitted for review and approval by the Department prior to the subcontractor performing contract work. Ensure all subcontracts conform to the requirements of Subsection 108.01 of the ODOT Standard Specifications, “Subletting of Contract,” and are executed in accordance with the Contract requirements, Special Provisions 103-3(a)09 and the provisions specified below.
Contractors can submit subcontracts and/or sub-agreementsin the following ways:
1. Construction Subcontract Assurances Agreement (CSA) is between the Prime Contractor and the Subcontractor.It is provided by the Department to assist Prime Contractors with properly executing contracts with Subcontractors on ODOT contracts.To complete a CSA, click here.
2. Submit executed subcontracts and/or sub-agreements in pdf format to the Department using the following email address: email@example.com. Submit all additional and/or modified subcontracts or sub-agreements to the Department via the same email address. To prevent delays in the approval of the subcontract, include the following information in all correspondence: contract I.D., project number, prime contractor, and subcontractor.
As a minimum, the following information must be included in all subcontracts:
- Full description of the contract work to be performed by the subcontractor
- Contractor Equal Employment Opportunity (EEO) Policy Statement
- Form FHWA-1273 (must be physically attached verbatim to subcontracts, excluding purchase orders, rental agreements and other agreements for supplies or services)
- ODOT Title VI Assurances Appendices A and E (must be physically attached verbatim)
- Prompt Payment/Return of Retainage provisions (from the ODOT DBE Program Manual)
- Signature(s) of the prime contractor and subcontractor
- Full description of the contract work that the certified DBE will perform based upon their NAICS code
- DBE Termination/Substitution/Replacement Clause (from the ODOT DBE Program Manual)