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listed, they must submit a written payment plan approved by the Department of <br /> Revenue, to the Contracting Agency by the deadline listed below. <br /> 2. Federal Debarment <br /> A. Criterion: The Bidder shall not currently be debarred or suspended by the <br /> Federal government. <br /> B. Documentation: The Bidder shall not be listed as having an "active exclusion" on <br /> the U.S. government's "System for Award Management" database <br /> (www.sam.gov). <br /> 3. Subcontractor Responsibility <br /> A. Criterion: The Bidder's standard subcontract form shall include the subcontractor <br /> responsibility language required by RCW 39.06.020, and the Bidder shall have <br /> an established procedure which it utilizes to validate the responsibility of each of <br /> its subcontractors. The Bidder's subcontract form shall also include a <br /> requirement that each of its subcontractors shall have and document a similar <br /> procedure to determine whether the sub-tier subcontractors with whom it <br /> contracts are also "responsible" subcontractors as defined by RCW 39.06.020. <br /> B. Documentation: The Bidder, if and when required as detailed below, shall submit <br /> a copy of its standard subcontract form for review by the Contracting Agency, and <br /> a written description of its procedure for validating the responsibility of <br /> subcontractors with which it contracts. <br /> 4. Prevailing Wages <br /> A. Criterion: The Bidder shall not have a record of prevailing wage violations as <br /> determined by WA Labor & Industries in the five years prior to the bid submittal <br /> date, that demonstrates a pattern of failing to pay workers prevailing wages, <br /> unless there are extenuating circumstances and such circumstances are deemed <br /> acceptable to the Contracting Agency. <br /> B. Documentation: The Bidder, if and when required as detailed below, shall submit <br /> a list of all prevailing wage violations in the five years prior to the bid submittal <br /> date, along with an explanation of each violation and how it was resolved. The <br /> Contracting Agency will evaluate these explanations and the resolution of each <br /> complaint to determine whether the violation demonstrate a pattern of failing to <br /> pay its workers prevailing wages as required. <br /> 5. Claims Against Retainage and Bonds <br /> A. Criterion: The Bidder shall not have a record of excessive claims filed against <br /> the retainage or payment bonds for public works projects in the three years prior <br /> to the bid submittal date, that demonstrate a lack of effective management by the <br /> Bidder of making timely and appropriate payments to its subcontractors, <br /> suppliers, and workers, unless there are extenuating circumstances and such <br /> circumstances are deemed acceptable to the Contracting Agency. <br /> Swift Green Line—Corridor Stations Special Provisions SP9 <br /> May 2017 <br />