Additional Special Provision (ASP)-4 Updates
Reminder: ASP-4 was updated with the December 2020 letting. ASP-4 covers retainage and prompt payment. This special provision does not limit the right of the department, prime contractor, or subcontractors at any tier to withhold payment for unacceptable work or work subject to an unresolved contract dispute.
Payment to First-Tier Subcontractors
Within 10 calendar days of receiving a progress payment for work completed by a subcontractor, pay the subcontractor for that work. The prime contractor may withhold payment to a subcontractor if, within 10 calendar days of receipt of that progress payment, the prime contractor provides written notification to the subcontractor and the department documenting just cause for withholding payment. The prime contractor is not allowed to withhold retainage from payments due subcontractors.
Payment to Lower-Tier Subcontractors
Ensure that subcontracting agreements at all tiers provide prompt payment rights to lower-tier subcontractors that parallel those granted first-tier subcontractors in this provision.
New GFE Rubric
Beginning in October 2022 / FFY2023, GFE requests will be scored on a simplified version of the GFE rubric. The same documents and submission process prime contractors are currently providing is not changing. The eight categories from the current GFE rubric are now simplified and each category will be scored using a color coding system.
- Green: Exceeds expectations
- Yellow: Meets expectations
- Red: Areas in need of attention and/or absence of documentation
Targeted feedback specific to the GFE request will be provided directly on the rubric for each category. Bid, quote analysis and standard feedback will still be provided on the OBOEC Rubric Analysis_Feedback Tab.
Solicitation and Sound Reasoning will require a green or yellow rating for GFE approval. The
DT1202 Excel workbook template has been updated and is now available.
Kathleen Panak is available for a one-on-one GFE review at any time – please do not hesitate to reach out if your company has any GFE related questions.