How are “subcontractors” defined for purposes of the EO?
“Subcontractors” are not defined in state procurement law. However, a “contractor” is defined in Minn. Rule 1230.0150 as “a business that is engaged in construction such as general, mechanical, or electrical contracting, or that provides a specific service such as trash removal, snow removal, janitorial services, or professional or technical services.” Given the legal definition of “contractor,” it is reasonable to conclude that “subcontractors” for purposes of the EO are (1) businesses that meet the definition of “contractor” above, (2) will participate in the performance of the state contract, and (3) have a contractual relationship with an entity other than the state. For purposes of the EO, subcontractors do NOT include suppliers of goods. The EO intends to assure that prime vendors retain accountability for any subcontractors and to assure that the policy is not evaded by using chains of multiple subcontractors. Therefore, lower-tier subcontractors could be required to certify the
