1、188 23 CFR Ch. I (4111 Edition) Pt. 635 subcontract or agreement exceeds $10,000 and is not exempt from the provisions of the Equal Opportunity clause. (b) Subcontractors and material suppliers are cautioned as follows: By signing the sub-contract or entering into a material supply agreement, the su
2、bcontractor or material supplier will be deemed to have signed and agreed to the provisions of the Certification of Nonsegregated Facilities in the sub-contract or material supply agreement. This certification provides that the subcontractor or material supplier does not maintain or provide for his
3、employees facilities which are segregated on the basis of race, creed, color, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that the subcontractor or material supplier will not maintain such segregated facilities. (c)
4、Subcontractors or material suppliers receiving subcontract awards or material supply agreements exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for construction cont
5、racts and material suppliers where the subcontracts or material supply agreements exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. II. Implementation of Clean Air Act. (a) By signing this bid, the bidder will be deemed to have stipulated as follows: (1) That any
6、 facility to be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as by Pub. L. 91604), Executive order 11738, and regula-tions in implementation thereof (40 CFR part 15, is not listed on the U.S. Environmental P
7、rotection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. (2) That the State highway department shall be promptly notified prior to contract award of the receipt by the bidder of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to
8、 be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. PART 635CONSTRUCTION AND MAINTENANCE Subpart AContract Procedures Sec. 635.101 Purpose. 635.102 Definitions. 635.103 Applicability. 635.104 Method of construction. 635.105 Supervising agency. 6
9、35.106 Use of publicly owned equipment. 635.107 Participation by disadvantaged busi-ness enterprises. 635.108 Health and safety. 635.109 Standardized changed condition clauses. 635.110 Licensing and qualification of con-tractors. 635.111 Tied bids. 635.112 Advertising for bids and proposals. 635.113
10、 Bid opening and bid tabulations. 635.114 Award of contract and concurrence in award. 635.115 Agreement estimate. 635.116 Subcontracting and contractor re-sponsibilities. 635.117 Labor and employment. 635.118 Payroll and weekly statements. 635.119 False statements. 635.120 Changes and extra work. 63
11、5.121 Contract time and contract time ex-tensions. 635.122 Participation in progress payments. 635.123 Determination and documentation of pay quantities. 635.124 Participation in contract claim awards and settlements. 635.125 Termination of contract. 635.126 Reserved 635.127 Agreement provisions reg
12、arding overruns in contract time. Subpart BForce Account Construction 635.201 Purpose. 635.202 Applicability. 635.203 Definitions. 635.204 Determination of more cost effective method or an emergency. 635.205 Finding of cost effectiveness. Subpart CPhysical Construction Authorization 635.301 Purpose.
13、 635.303 Applicability. 635.305 Physical construction. 635.307 Coordination. 635.309 Authorization. Subpart DGeneral Material Requirements 635.401 Purpose. 635.403 Definitions. 635.405 Applicability. 635.407 Use of materials made available by a public agency. 635.409 Restrictions upon materials. 635
14、.410 Buy America requirements. 635.411 Material or product selection. 635.413 Guaranty and warranty clauses. 635.417 Convict produced materials. AUTHORITY: Sec. 1503 of Pub. L. 10959, 119 Stat. 1144; 23 U.S.C. 101 (note), 109, 112, 113, 114, 116, 119, 128, and 315; 31 U.S.C. 6505; 42 U.S.C. 3334, 46
15、01 et seq.; Sec. 1041 (a), Pub. L. 102240, 105 Stat. 1914; 23 CFR 1.32; 49 CFR 1.48(b). EDITORIAL NOTE: Nomenclature changes to part 635 appear at 67 FR 75924, Dec. 10, 2002. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00198 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX
16、6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-189 Federal Highway Administration, DOT 635.102 Subpart AContract Procedures SOURCE: 56 FR 37004, Aug. 2, 1991, unless otherwise noted. 635.101 Purpose. To prescribe policies, requiremen
17、ts, and procedures relating to Federal-aid highway projects, from the time of au-thorization to proceed to the construc-tion stage, to the time of final accept-ance by the Federal Highway Adminis-tration (FHWA). 635.102 Definitions. As used in this subpart: Administrator means the Federal Highway Ad
18、ministrator. Calendar day means each day shown on the calendar but, if another defini-tion is set forth in the State contract specifications, that definition will apply. Contract time means the number of workdays or calendar days specified in a contract for completion of the con-tract work. The term
19、 includes author-ized time extensions. Design-build project means a project to be developed using one or more de-sign-build contracts. Division Administrator means the chief FHWA official assigned to conduct business in a particular State. A State is as defined in 23 U.S.C. 101. Force account means
20、a basis of pay-ment for the direct performance of highway construction work with pay-ment based on the actual cost of labor, equipment, and materials furnished and consideration for overhead and profit. Formal approval means approval in writing or the electronic transmission of such approval. Incent
21、ive/disincentive for early comple-tion as used in this subpart, describes a contract provision which compensates the contractor a certain amount of money for each day identified critical work is completed ahead of schedule and assesses a deduction for each day the contractor overruns the incentive/
22、disincentive time. Its use is primarily intended for those critical projects where traffic inconvenience and delays are to be held to a minimum. The amounts are based upon estimates of such items as traffic safety, traffic maintenance, and road user delay costs. Liquidated damages means the daily am
23、ount set forth in the contract to be deducted from the contract price to cover additional costs incurred by a State transportation department be-cause of the contractors failure to complete the contract work within the number of calendar days or workdays specified. The term may also mean the total o
24、f all daily amounts deducted under the terms of a particular con-tract. Local public agency means any city, county, township, municipality, or other political subdivision that may be empowered to cooperate with the State transportation department in highway matters. Major change or major extra work
25、means a change which will signifi-cantly affect the cost of the project to the Federal Government or alter the termini, character or scope of the work. Materially unbalanced bid means a bid which generates a reasonable doubt that award to the bidder submitting a mathematically unbalanced bid will re
26、-sult in the lowest ultimate cost to the Federal Government. Mathematically unbalanced bid means a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable propor-tionate share of the bidders antici-pated profit, overhead costs, and other indirect cost
27、s. Public agency means any organization with administrative or functional re-sponsibilities which are directly or in-directly affiliated with a governmental body of any nation, State, or local ju-risdiction. Publicly owned equipment means equipment previously purchased or otherwise acquired by the p
28、ublic agen-cy involved primarily for use in its own operations. Specialty items means work items identified in the contract which are not normally associated with highway con-struction and require highly special-ized knowledge, abilities or equipment not ordinarily available in the type of contracti
29、ng organizations qualified and expected to bid on the contract; in gen-eral, these items are to be limited to VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or n
30、etworking permitted without license from IHS-,-,-190 23 CFR Ch. I (4111 Edition) 635.103 minor components of the overall con-tract. State transportation department (STD) means that department, commission, board, or official of any State charged by its laws with the responsibility for highway constru
31、ction. The term State should be considered equiva-lent to State transportation depart-ment if the context so implies. Workday means a calendar day during which construction operations could proceed for a major part of a shift, nor-mally excluding Saturdays, Sundays, and State-recognized legal holida
32、ys. 62 FR 6873, Feb. 14, 1997, as amended at 67 FR 75924, Dec. 10, 2002 635.103 Applicability. The policies, requirements, and pro-cedures prescribed in this subpart shall apply to all Federal-aid highway projects. 69 FR 7118, Feb. 13, 2004 635.104 Method of construction. (a) Actual construction wor
33、k shall be performed by contract awarded by competitive bidding; unless, as pro-vided in 635.104(b), the STD dem-onstrates to the satisfaction of the Di-vision Administrator that some other method is more cost effective or that an emergency exists. The STD shall as-sure opportunity for free, open, a
34、nd competitive bidding, including ade-quate publicity of the advertisements or calls for bids. The advertising or calling for bids and the award of con-tracts shall comply with the proce-dures and requirements set forth in 635.112 and 635.114. (b) Approval by the Division Admin-istrator for construc
35、tion by a method other than competitive bidding shall be requested by the State in accordance with subpart B of part 635 of this chap-ter. Before such finding is made, the STD shall determine that the organiza-tion to undertake the work is so staffed and equipped as to perform such work satisfactori
36、ly and cost effec-tively. (c) In the case of a design-build project, the requirements of 23 CFR part 636 and the appropriate provisions pertaining to design-build contracting in this part will apply. However, no justification of cost effectiveness is necessary in selecting projects for the design-bu
37、ild delivery method. 56 FR 37004, Aug. 2, 1991, as amended at 67 FR 75925, Dec. 10, 2002 635.105 Supervising agency. (a) The STD has responsibility for the construction of all Federal-aid projects, and is not relieved of such re-sponsibility by authorizing perform-ance of the work by a local public
38、agency or other Federal agency. The STD shall be responsible for insuring that such projects receive adequate su-pervision and inspection to insure that projects are completed in conformance with approved plans and specifications. (b) Although the STD may employ a consultant to provide construction
39、en-gineering services, such as inspection or survey work on a project, the STD shall provide a full-time employed State engineer to be in responsible charge of the project. (c) When a project is located on a street or highway over which the STD does not have legal jurisdiction, or when special condi
40、tions warrant, the STD, while not relieved of overall project responsibility, may arrange for the local public agency having jurisdic-tion over such street or highway to perform the work with its own forces or by contract; provided the following conditions are met and the Division Administrator appr
41、oves the arrange-ments in advance. (1) In the case of force account work, there is full compliance with subpart B of this part. (2) When the work is to be performed under a contract awarded by a local public agency, all Federal require-ments including those prescribed in this subpart shall be met. (
42、3) The local public agency is ade-quately staffed and suitably equipped to undertake and satisfactorily com-plete the work; and (4) In those instances where a local public agency elects to use consultants for construction engineering services, the local public agency shall provide a full-time employ
43、ee of the agency to be in responsible charge of the project. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
44、191 Federal Highway Administration, DOT 635.109 635.106 Use of publicly owned equip-ment. (a) Publicly owned equipment should not normally compete with privately owned equipment on a project to be let to contract. There may be exceptional cases, however, in which the use of equipment of the State or
45、 local public agency for highway construction pur-poses may be warranted or justified. A proposal by any STD for the use of pub-licly owned equipment on such a project must be supported by a showing that it would clearly be cost effective to do so under the conditions peculiar to the individual proj
46、ect or locality. (b) Where publicly owned equipment is to be made available in connection with construction work to be let to contract, Federal funds may partici-pate in the cost of such work provided the following conditions are met: (1) The proposed use of such equip-ment is clearly set forth in t
47、he Plans, Specifications and Estimate (PS and (3) The advertised specifications in-clude a notification that the successful bidder has the option either of renting part or all of such equipment from the State or local public agency or other-wise providing the equipment nec-essary for the performance
48、 of the con-tract work. (c) In the rental of publicly owned equipment to contractors, the State or local public agency shall not profit at the expense of Federal funds. (d) Unforeseeable conditions may make it necessary to provide publicly owned equipment to the contractor at rental rates agreed to
49、between the con-tractor and the State or local public agency after the work has started. Any such arrangement shall not form the basis for any increase in the cost of the project on which Federal funds are to participate. (e) When publicly owned equipment is used on projects constructed on a force account basis, costs may be de-termined by agreed unit prices or on an actual cost basis. When agreed unit prices are applied the equipment need not be
