General Requirements (Supplier)

Note that suppliers need not be authorized as subcontractors as long as the supplier

• does not perform a function which is a part of the construction process itself.
• does not establish a fabricating or processing facility expressly for the use of the project.
• does not, in producing and delivering materials, perform any work on the project.

Material suppliers have to be careful how they deliver materials to the project, or they can be considered subcontractors as well. Material suppliers can deliver and stockpile materials at the project site. However, they should not be allowed to set their materials in place either manually or by machine. For example, a commercial asphalt plant that supplies asphaltic paving materials cannot run the laydown machine. Its trucks can load the machine, and independent truckers can work for the material supplier, but either the contractor or subcontractor must place and compact the material.

Even if a supplier is not considered a subcontractor, if it is a DBE it may still need to provide the prime contractor with DBE-related information.