CCA Construction Procurement and Subcontracting 2 — Questions and Answers
Question 1: A construction auditor reviewing subcontracts should verify that they include flow-down clauses that:
- Allow the general contractor to self-perform all work
- Pass applicable prime contract terms (e.g., audit rights, insurance, prevailing wage) to subcontractors (Correct answer)
- Eliminate retainage requirements
- Grant subcontractors ownership rights to project materials
Correct answer: Pass applicable prime contract terms (e.g., audit rights, insurance, prevailing wage) to subcontractors
Flow-down clauses extend key prime contract obligations—such as audit rights, safety standards, and prevailing wage requirements—to subcontractors.
Question 2: Bid shopping in construction procurement refers to:
- Soliciting bids from many vendors
- A general contractor using a subcontractor's bid to pressure other subs to lower their prices after award (Correct answer)
- An owner requesting multiple price proposals
- Comparing bids across multiple projects
Correct answer: A general contractor using a subcontractor's bid to pressure other subs to lower their prices after award
Bid shopping is the unethical practice of using a subcontractor's price as leverage to obtain lower quotes from competitors, undermining competitive integrity.
Question 3: Which internal control helps ensure that a contractor does not award subcontracts to related parties without disclosure?
- Competitive bidding requirement with mandatory conflict-of-interest disclosure (Correct answer)
- Subcontractor bonding requirements
- Prevailing wage compliance monitoring
- Lien waiver collection
Correct answer: Competitive bidding requirement with mandatory conflict-of-interest disclosure
Requiring competitive bids and mandating disclosure of any relationships between the contractor and prospective subcontractors prevents undisclosed related-party transactions.
Question 4: A Disadvantaged Business Enterprise (DBE) or Minority Business Enterprise (MBE) participation requirement on a federally funded construction project is enforced through:
- Contractor self-certification only
- Documentation of solicitation efforts, subcontract awards, and payments to certified firms (Correct answer)
- Owner verbal confirmation
- Post-project auditing of the contractor's tax records
Correct answer: Documentation of solicitation efforts, subcontract awards, and payments to certified firms
DBE/MBE compliance requires documented evidence of good-faith solicitation efforts, awarded subcontracts, and verified payments to certified firms during and after the project.
Question 5: When auditing a construction project, an auditor finds that a subcontract was executed after work was already performed. This condition indicates:
- Efficient project management
- Failure of procurement controls allowing unauthorized commitments (Correct answer)
- A standard fast-track practice
- Owner-directed acceleration
Correct answer: Failure of procurement controls allowing unauthorized commitments
Executing subcontracts after work begins means commitments were made without proper authorization, creating legal exposure and a breakdown in procurement controls.
Question 6: Which procurement document allows an owner to evaluate both technical approach and price when scope cannot be fully defined in advance?
- Invitation for Bids (IFB)
- Request for Proposal (RFP) (Correct answer)
- Purchase order
- Notice to Proceed
Correct answer: Request for Proposal (RFP)
An RFP solicits both technical solutions and pricing, allowing evaluation on best value rather than price alone when scope is partially or flexibly defined.
A construction auditor reviewing subcontracts should verify that they include flow-down clauses that: