Common use of Award of Subcontracts Clause in Contracts

Award of Subcontracts. The Contractor shall, prior to awarding any subcontract, notify the Owner in writing of the names of all Subcontractors proposed for the several parts of the Work and shall include with any such notice the completed insurance information form and any insurance certificates required by this Contract for any proposed Subcontractor. The Owner may also require such lists and information regarding any proposed Sub-subcontractors. The Contractor shall also advise the Owner in writing of any Subcontractor or Sub-subcontractor with which it shares any business relationship or financial interest, and of the nature and extent of any such relationship or interest. No Subcontractor or Sub-subcontractor shall be engaged if objected to by the Owner; provided, however, that if the Owner does not take exception to a Subcontractor or Sub-subcontractor in writing within fifteen (15) days of its receipt of such notification, such Subcontractor or Sub-subcontractor shall be deemed acceptable to the Owner. The Owner shall not be liable to the Contractor in any manner arising out of the Owner's objection to a proposed Subcontractor or Sub-subcontractor. The Contractor shall not terminate the employment of a Subcontractor or Sub-subcontractor engaged in the Work prior to the expiration of that subcontract without good cause shown and the Owner's prior approval after reasonable notice of the Contractor's intent to so terminate. If any Subcontractor withdraws, becomes insolvent or otherwise incapacitated, abandons the Work or is dismissed by Contractor, then Contractor shall promptly submit a substitute Subcontractor to Owner for Owner's approval, which approval shall not be unreasonably withheld. If Owner rejects any proposed substitute Subcontractor, Owner will provide Contractor with Owner's reason for such rejection. All costs incurred by Contractor in replacing any Subcontractor shall be borne by Contractor. The Contractor shall provide the Owner with copies of each subcontract with the subcontractor within ten (10) days after execution of the subcontract by the Contractor. If the Owner provides Contractor with a list of pre-approved Subcontractors prior to bid, the Owner may elect to reject a listed Subcontractor and that portion of the Contractor's bid relating thereto. In that event, Owner shall be liable for the difference in cost between the bid of the original Subcontractor and that of the Subcontractor hired to perform the Work. If the Owner provides no such pre-approved list, Owner may elect to reject any Subcontractor proposed by Contractor and shall be liable for the difference in cost between the bid of the originally proposed Subcontractor and that of the Subcontractor hired to perform the work only if Owner's rejection is unreasonable or arbitrary.

Award of Subcontracts. The (a) Contractor shall, prior to awarding any subcontract, notify the Owner in writing of the names of all Subcontractors proposed may award Subcontracts for the several parts principal portions of the Work only to persons and shall include with any such notice the completed insurance information form and any insurance certificates required by this Contract for any proposed Subcontractor. The Owner may also require such lists and information regarding any proposed Sub-subcontractors. The Contractor shall also advise the Owner in writing of any Subcontractor or Sub-subcontractor with which it shares any business relationship or financial interest, and of the nature and extent of any such relationship or interest. No Subcontractor or Sub-subcontractor shall be engaged if objected to by the Owner; provided, however, entities that if the Owner does not take exception to a Subcontractor or Sub-subcontractor in writing within fifteen (15) days of its receipt of such notification, such Subcontractor or Sub-subcontractor shall be deemed acceptable to the Owner. The Owner shall not be liable to the Contractor in any manner arising out of the Owner's objection to a proposed Subcontractor or Sub-subcontractor. The Contractor shall not terminate the employment of a Subcontractor or Sub-subcontractor engaged in the Work prior to the expiration of that subcontract without good cause shown and the Owner's prior approval after reasonable notice of the Contractor's intent to so terminate. If any Subcontractor withdraws, becomes insolvent or otherwise incapacitated, abandons the Work or is dismissed by Contractor, then Contractor shall promptly submit a substitute Subcontractor to Owner for Owner's approval, which approval shall not be unreasonably withheld. If Owner rejects any proposed substitute Subcontractor, Owner will provide Contractor with Owner's reason for such rejection. All costs incurred by Contractor in replacing any Subcontractor shall be borne by Contractor. The Contractor shall provide the Owner with copies of each subcontract with the subcontractor within ten (10) days after execution of the subcontract by the Contractor. If the Owner provides Contractor with appear on a list of pre-qualified Subcontractors jointly developed with, and approved by, FedEx or that FedEx approves by means of written notice that it delivers to Contractor. To the extent FedEx requires, Contractor shall solicit in accordance with ▇▇▇▇▇’s written instructions bids for those portions of the Work that Contractor intends to furnish by means of Subcontracts. In the absence of such a requirement, Contractor shall furnish to FedEx written notice of the name of each Subcontractor that Contractor intends to hire and the amount of the contract sum for which that prospective Subcontractor is prepared to perform. Contractor may not execute a Subcontract with any prospective Subcontractor to whom FedEx objects promptly following its receipt of Contractor’s notice, even if FedEx had previously indicated its approval of that Subcontractor.[ Each Subcontractor bidder list must include at least four prospective Subcontractors. When preparing a bidder list for FedEx’s consideration, Contractor must source the prospective bidders appearing on that list in the market place and must select the prospective Subcontractors prior appearing on that list without prejudice and so as to bid, avoid any conflict of interest. One of the Owner may elect factors the parties will consider when developing and approving bidder lists will be local and minority participation. ▇▇▇▇▇’s goal is that the aggregate amount paid to reject a listed Subcontractor and that portion Subcontractors who are disadvantaged business enterprises will not be less than fifteen percent (15%) of the Contractor's bid relating thereto’s Fee. To that end, Contractor shall observe the requirements set forth in the attached Exhibit G. (b) Contractor may contract, and may permit its Subcontractors to contract, only with Subcontractors skilled in the tasks assigned to them and capable of working harmoniously with all trades, crafts and other individuals on the Project. In that eventregard, Owner Contractor must use its best efforts to minimize the likelihood of any strike, work stoppage or other labor disturbance. To that end, Contractor shall be liable promptly resolve claims, complaints, labor disputes and disputes over assignment or work tasks among the Subcontractors engaged in the performance of the Work. (c) FedEx may require Contractor to dismiss any Subcontractor for misconduct or non- performance and to substitute a Subcontractor acceptable to FedEx. If FedEx requires a substitute for any Subcontractor for any reason other than the Subcontractor’s misconduct or non-performance, the parties will adjust the Contractor’s Fee by means of a Change Order in order to reflect the difference in cost between that the bid substitution occasions. (d) Contractor may replace a Subcontractor to whom Contractor has awarded a Subcontract in accordance with the terms of this Agreement only with FedEx's prior written approval, only with a Subcontractor that appears on the original Subcontractor list of pre-qualified Subcontractors jointly developed with, and approved by, FedEx or that FedEx has otherwise expressly approved, and only for the following reasons: (i) Inability of the Subcontractor hired to perform the Work. If the Owner provides no such pre-approved listprovide bonds, Owner may elect to reject any Subcontractor proposed by Contractor and shall be liable for the difference in cost between the bid of the originally proposed Subcontractor and that if required; (ii) Failure of the Subcontractor hired to perform according to approved schedules or other provisions of the Contract Documents; or (iii) Other reasons that reasonably would render the Subcontractor unable to perform its work only if Owner's rejection is unreasonable or arbitraryaccording to the Contract Documents, as Contractor certifies in writing.

Award of Subcontracts. 6.2.1. The Contractor shall, prior to awarding any subcontract, notify the Owner in writing of the names of all Subcontractors proposed for the several parts of the Work and shall include with any such notice the completed insurance information form and any insurance certificates required by this Contract AGREEMENT for any proposed Subcontractor. The Owner may also require such lists and information regarding any proposed Sub-subcontractors. The Contractor shall also advise the Owner in writing of any Subcontractor or Sub-subcontractor with which it shares any business relationship or financial interest, and of the nature and extent of any such relationship or interest. No Subcontractor or Sub-subcontractor shall be engaged if objected to by the Owner; provided, however, that if the Owner does not take exception to a the Subcontractor or Sub-subcontractor in writing within fifteen (15) days of its receipt of such notification, such Subcontractor or Sub-subcontractor shall be deemed acceptable to the Owner. The Owner shall not be liable to the Contractor in any manner arising out of the Owner's objection to a proposed Subcontractor or Sub-subcontractor. The Contractor shall not terminate the employment of a Subcontractor or Sub-subcontractor engaged in the Work prior to the expiration of that subcontract without good cause shown and the Owner's prior approval after reasonable notice of the Contractor's intent to so terminate. 6.2.2. If The Owner may, without any Subcontractor withdrawsresponsibility or liability whatsoever, becomes insolvent require the Contractor to utilize any person or otherwise incapacitated, abandons organization for any portion of the Work as a Subcontractor or is dismissed by Contractor, then Contractor shall promptly submit a substitute Sub-subcontractor (herein referred to as a "Nominated Subcontractor" or "Nominated Sub-subcontractor") provided the Owner gave notice of its intention to so nominate any such Subcontractor or Sub-subcontractor prior to Owner for Owner's approval, which approval shall not be unreasonably withheld. If Owner rejects any proposed substitute Subcontractor, Owner will provide Contractor with Owner's reason for such rejection. All costs incurred by Contractor in replacing any Subcontractor shall be borne by Contractorthe execution of the AGREEMENT. The Contractor shall provide the Owner with copies of each subcontract with the subcontractor within ten (10) days after execution of the subcontract by the Contractor. If the Owner provides Contractor with a list of preassume full responsibility for any such Nominated Subcontractor or Nominated Sub-approved Subcontractors prior to bid, the Owner may elect to reject a listed Subcontractor and that portion of the Contractor's bid relating thereto. In that event, Owner shall be liable for the difference in cost between the bid of the original Subcontractor and that of the Subcontractor hired to perform the Work. If the Owner provides no such pre-approved list, Owner may elect to reject any Subcontractor proposed by Contractor and shall be liable for the difference in cost between the bid of the originally proposed Subcontractor and that of the Subcontractor hired to perform the work only if Owner's rejection is unreasonable or arbitrarysubcontractor.