Subapproval Requests
The Office of Federal Compliance (OFC) is responsible for ensuring that requests to sublet or subcontract are processed in accordance with required federal and state guidelines. Requests to sublet or subcontract are approved on an individual basis for each construction project at least five days prior to beginning work.
General Requirements
- All contractors must register their business name with the NH Secretary of State's Office and remain active or in good standing throughout the period of participation (NH RSA 293-A:15.01 and NHDOT Standard Specification 107.02)
- Annual Assurance Forms are required for all contractors. Scroll down for the required forms and documents.
- A valid Certificate of Insurance listing NHDOT as the Certificate Holder. For the required Liability Insurance see your contract or NHDOT Standard Specifications for Road and Bridge Construction. Subcontractors are only required to show a proof of Worker's Compensation* and Employers' Liability coverage (NH RSA 228:4-b)
- Documents should be submitted as one .pdf attachment.
- All required contract provisions such as FHWA 1273 (See below).
- Please allow at least five (5) business days for processing and employing subcontractors and consultants on site. NHDOT will not pay for work performed prior to official approval (108.01 Subletting of Contract and FHWA 1273, Section VI, Paragraph 4).
- The Prime Contractor is responsible for the compliance of all contract requirements that pertain to any portion of work assigned to or performed by others. This includes the payment of minimum Federal wages and fringes specified by the wage determination for each classification of work employed on the project site, and all bills for labor, materials, and equipment required by the Contract Documents.
Annual Assurance Forms
- OAOC Form 2: EEO Officer Notification and Program Compliance Certification (federal projects only)
- OAOC Form 14a: Annual Contractor Assurances Federal Aid Contractors (federal projects only)
- OAOC Form 14b: Out of State Contractor Employment Security Compliance Annual Assurance (for both federal and non-federal projects)
- OAOC Form 22: Company Information Sheet (for both federal and non-federal projects)
- Certificate of Liability Insurance (for both federal and non-federal projects)
Required Sublet Forms
- Subcontracting Procedures
- OAOC Form 14: Contractor Acknowledgment Certification Form. See Required Documents**
- OAOC Form 15: Transmittal Request for Consent to Sublet
- OAOC Form 26: Work Certificate with Supporting Documents
- A written contract signed by both parties is required. An approved invoice or estimate is not sufficient and will not be accepted.
Additional Required Documents**
The following documents must be physically incorporated into each subcontracting agreement and apply to labor performed on all work sublet, assigned or otherwise disposed of in any way:
- FHWA 1273: Required Contract Provisions for Federal-Aid Construction Contacts (Rev. 10/23/2023)
- NHDOT Standard Specification 109.09: Prompt Payment to Subcontractors and Material Suppliers
- NHDOT Standard Specification 103.06: Disadvantaged Business Enterprise (DBE) Policy and Program Requirements
- 41 CFR 60-4.2 and 41 CFR 60-4.3 (Applicable to contracts and subcontracts of $10K or more)
- Applicable Davis-Bacon Wage Rates from Contract Proposal.
Any contractor, regardless of tier-level, found to be in violation of required contract provisions, may be suspended by the NHDOT and shall be required to take corrective action and/or sanctions such as, withholding of progress payments, withholding of final payment, termination of the contract, suspension/debarment or any other action determined by NHDOT and/or FHWA, before participation privileges can be restored.
Requests to Sublet for State Projects
- All requests must be submitted by a prime contractor electronically through iCX: Integrated Contractors Exchange System.
For questions about iCX contact: Dennis.E.Herrick@dot.nh.gov or (603) 271-3153 or Construction Services at (603) 271-1608
Requests to Sublet for Local Public Agency (LPA) Projects
- All requests must be submitted by a prime contractor via email to: oaoc@dot.nh.gov
- The subject line of the email must be “Project Name and Number - Subcontractor Name.”
For example: Concord-Loudon 12345 – Smith Excavating, LLC
* Out-of-state contractors have to have a specific endorsement for New Hampshire in Section 3A of their Workers’ Compensation insurance policy. This information must be on file with the NH Department of Labor (NHDOL) prior to submitting a request to sublet. The NHDOL can be reached at (603) 271-3175.
Contact
Heidi Karajcic, Federal Compliance Specialist: (603) 271-8222; email, oaoc@dot.nh.gov