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| # DIVISION 100                                                        |
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| **GENERAL REQUIREMENTS**                                              |
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## Section 101. -- TERMS, FORMAT, AND DEFINITIONS

**101.01 Meaning of Terms.** These specifications are generally written
in the imperative mood. In sentences using the imperative mood, the
subject, *\"the Contractor,\"* is implied. Also implied in this language
are *\"shall,\"* *\"shall be,\"* or similar words and phrases. In
material specifications, the subject may also be the supplier,
fabricator, or manufacturer supplying material, products, or equipment
for use on the project.

Wherever *\"directed,\"* *\"required,\"* *\"prescribed,\"* or other
similar words are used, the *\"direction,\"* *\"requirement,\"* or
*\"order\"* of the Contracting Officer is intended. Similarly, wherever
*\"approved,\"* *\"acceptable,\"* *\"suitable,\"* *\"satisfactory,\"* or
similar words are used, the words mean *\"approved by,\"* *\"acceptable
to,\"* or *\"satisfactory to\"* the Contracting Officer.

The word *\"will\"* generally pertains to decisions or actions of the
Contracting Officer.

**101.02 Specifications Format.** These specifications are divided into
10 Divisions.

Division 100 consists of general contract requirements for which no
direct payment is made. The requirements contained in Division 100 are
applicable to all contracts.

Division 150 consists of project contract requirements that are
applicable to all contracts. Work under Division 150 is paid for
directly or indirectly according to Subsection 109.05 and the Section
ordering the work. When there is no pay item in the bid schedule, no
direct payment is made.

Divisions 200 through 600 consist of construction contract requirements
for specific items of work. Work under these Divisions is paid for
directly or indirectly according to Subsection 109.05 and the Section
ordering the work. When there is no pay item in the bid schedule, no
direct payment is made.

Division 700 contains the material requirements for Divisions 150
through 600. No direct payment is made in Division 700. Payment for
material is included as part of the work required in Divisions 150
through 600.

The first three digits of the pay item number in the Bid Schedule
identify the Section under which the work is performed.

**101.03 Abbreviations.** Whenever these abbreviations are used in the
specifications, they represent the following:

**(a) Acronyms.**

**AA** --- Aluminum Association

**AAN** --- American Association of Nurserymen

**AAR** --- Association of American Railroads

**AASHTO** --- American Association of State Highway and Transportation
Officials

**ACI** --- American Concrete Institute

**ACPA** --- American Concrete Pavement Association

**ADA** --- Americans with Disabilities Act

**AGC** --- Associated General Contractors of America

**AI** --- Asphalt Institute

**AIA** --- American Institute of Architects

**AISC** --- American Institute of Steel Construction

**AISI** --- American Iron and Steel Institute

**AITC** --- American Institute of Timber Construction

**ANSI** --- American National Standards Institute

**APWA** --- American Public Works Association

**ARA** --- American Railway Association

**AREA** --- American Railway Engineering Association

**ARTBA** --- American Road and Transportation Builders Association

**ASCE** --- American Society of Civil Engineers

**ASCII** --- American Standard Code for Information Interchange

**ASLA** --- American Society of Landscape Architects

**ASTM** --- American Society for Testing and Materials

**ATSSA** --- American Traffic Safety Services Association

**AWPA** --- American Wood Preservers Association

**AWS** --- American Welding Society

**AWWA** --- American Water Works Association

**CFR** --- Code of Federal Regulations

**CO** --- Contracting Officer and all representatives

**CRSI** --- Concrete Reinforcing Steel Institute

**FAR** --- Federal Acquisition Regulations (48 CFR Chapter 1)

**FHWA** --- Federal Highway Administration

**FICA** --- Federal Insurance Contributions Act

**FLH** --- Federal Lands Highways

**FSS** --- Federal Specifications and Standards

**FTMS** --- Federal Test Method Standard

**FUTA** --- Federal Unemployment Tax Act

**GSA** --- General Services Administration

**IEEE** --- Institute of Electrical and Electronic Engineers

**ISO** --- International Organization for Standardization

**ISSA** --- International Slurry Surfacing Association

**ITE** --- Institute of Transportation Engineers

**MIL** --- Military Specifications

**MPI** --- Master Painters Institute

**MUTCD** --- Manual on Uniform Traffic Control Devices (for Streets and
Highways)

**NCHRP** --- National Cooperative Highway Research Program

**NEMA** --- National Electrical Manufacturer\'s Association

**NFPA** --- National Forest Products Association

**NIST** --- National Institute of Standards and Technology

**OSHA** --- Occupational Safety and Health Administration

**PCA** --- Portland Cement Association

**PCI** --- Prestressed Concrete Institute

**PVC** --- Polyvinyl Chloride

**PTI** --- Post‑Tensioning Institute

**SAE** --- Society of Automotive Engineers

**SF** --- Standard Form

**SI** --- International System of Units

**SSPC** --- Steel Structures Painting Council

**TAR** --- Transportation Acquisition Regulations (48 CFR Chapter 12)

**UL** --- Underwriter\'s Laboratory

**U.S.** --- United States of America

**USC** --- United States Code

**USGS** --- United States Geological Survey

**USPS** --- United States Postal Service

**(b) SI symbols.**

**A** --- ampere electric current

**cd** --- candela luminous intensity

**ºC** --- degree Celsius temperature

**d** --- day time

**g** --- gram mass

**h** --- hour time

**H** --- Henry inductance

**ha** --- hectare area

**Hz** --- hertz (s^-1^) frequency

**J** --- joule (N•m) energy

**K** --- kelvin temperature

**L** --- liter volume

**lx** --- lux illuminance

**m** --- meter length

**m^2^** --- square meter area

**m^3^** --- cubic meter volume

**min** --- minute time

**N** --- newton (kg•m/s^2^) force

**Pa** --- pascal (N/m^2^) pressure

**s** --- second time

**t** --- metric ton mass

**V** --- volt (W/A) electric potential

**W** --- watt (J/s) power

--- ohm V/A electric resistance

**º** --- degree plane angle

**\'** --- minute plane angle

**\"** --- second plane angle

**(c) SI prefix symbols.**

**E** --- exa 10^18^

**P** --- peta 10^15^

**T** --- tera 10^12^

**G** --- giga 10^9^

**M** --- mega 10^6^

**k** --- kilo 10^3^

**c** --- centi 10^-2^

**m** --- milli 10^-3^

**µ** --- micro 10^-6^

**n** --- nano 10^-9^

**p** --- pico 10^-12^

**f** --- femto 10^-15^

**a** --- atto 10^-18^

**(d) SI slope notation (vertical : horizontal).** For slopes flatter
than 1:1, express the slope as the ratio of one unit vertical to a
number of units horizontal. For slopes steeper than 1:1, express the
slope as the ratio of a number of units vertical to one unit horizontal.

**101.04 Definitions.** The following definitions apply to this
contract:

**Award** --- The written acceptance of a bid by the CO.

**Backfill** --- Material used to replace or the act of replacing
material removed during construction. Material placed or the act of
placing material adjacent to structures.

**Base** --- The layer or layers of material placed on a subbase or
subgrade to support a surface course.

**Bid** --- A written offer by a bidder to perform work at a quoted
price.

**Bidder** --- Any individual or legal entity submitting a bid.

**Bid Guarantee** --- A form of security assuring that the bidder will
not withdraw a bid within the period specified for acceptance and will
execute a written contract and furnish required bonds.

**Bid Schedule** --- The prepared schedule included with the bid forms,
containing the estimated quantities of pay items for which unit bid
prices are invited.

**Bridge** --- A structure more than 6.1 meters long, including
supports, spanning and providing passage over a depression, waterway,
railroad, highway, or other obstruction.

**Clear Zone** --- The portion of the roadside, including the shoulder,
available for the safe use by an errant vehicle in which the driver may
regain control of the vehicle. Recommended distances for the clear zone
are in the AASHTO Roadside Design Guide.

**Commercial Certification** --- See Subsection 106.03.

**Construction Limits** --- The limits on each side of the project that
establish the area disturbed by construction operations and beyond which
no disturbance is permitted. Typically the construction limits are the
same as the clearing limits, except when additional clearing is
required.

**Contract** --- The written agreement between the Government and the
Contractor setting forth the obligations of the parties for the
performance of and payment for the prescribed work.

**Contracting Officer (CO) ---** An official of the Government with the
authority to enter into, administer, and terminate contracts and make
related determinations and findings. The term includes certain
authorized representatives of the CO acting within the limits of their
authority as delegated by the CO.

**Contract Modification ---** Any written change in the terms of the
contract. Contract modifications are of the following forms:

> **(a) Administrative change.** A unilateral contract change, in
> writing, that does not affect the substantive rights of the parties
> (e.g., a change in the paying office or the appropriation data).
>
> **(b) Change order.** A written order, signed by the CO, directing the
> Contractor to make a change that FAR Clause 52.243-4 Changes
> authorizes the CO to order without the Contractor\'s consent.
>
> **(c) Supplemental agreement.** A contract modification that is
> accomplished by the mutual action of the parties.

**Contractor** --- The individual or legal entity contracting with the
Government for performance of prescribed work.

**Contract Time** --- The specified time allowed for completion of all
contract work.

**Crashworthy** --- A highway feature is crashworthy if it was
successfully crash tested under the NCHRP Report 350, *Recommended
Procedures for the Safety Performance Evaluation of Highway Features* or
earlier comparable criteria or if it was accepted through analysis by
FHWA, based on similarity to other crashworthy features. A list of
crashworthy highway features is available on the FHWA Safety website.

**Cross-Section** --- A vertical section of the ground or structure at
right angles to the centerline or baseline of the roadway or other work.

**Culvert** --- Any structure, not classified as a bridge, that provides
an opening under the roadway.

**Day** --- Each and every day shown on the calendar, beginning and
ending at midnight.

**Density** --- Mass per unit volume of material. Specific gravity
multiplied by the unit mass of water.

**Detour** --- A temporary rerouting of public traffic onto alternate
existing roadways in order to avoid the work or part of the work.

**Diversion** --- A temporary rerouting of public traffic onto a
temporary alignment within the project limits in order to bypass the
work or a portion of the work.

**Drawings** --- Design sheets or fabrication, erection, or construction
details submitted to the Government by the Contractor according to FAR
Clause 52.236-21 Specifications and Drawings for Construction. Also
refers to submissions and submittals.

**Government** --- The Government of the United States of America.

**Highway, Street, or Road ---** A general term denoting a public way
for purposes of vehicular travel, including the entire area within the
right‑of‑way.

**Layer** --- See \"lift.\"

**Lift** --- Defined as follows:

**(a)** When placing and compacting soils and aggregates, a lift is any
single, continuous layer of material that receives the same compactive
effort throughout during a single work operation.

> **(b)** When installing culvert pipe less than or equal to 1200
> millimeters in diameter, the backfill material placed on both sides of
> the pipe is considered to be contained in the same lift when the
> material is placed to the same elevation on both sides of the culvert,
> the compactive effort applied to one side of the culvert is the same
> as that applied to the other, and the compactive effort is applied to
> both sides of the pipe in a continuous operation.

**Material** --- Any substances specified or necessary to satisfactorily
complete the contract work.

**Maximum Particle Size** --- The smallest sieve opening through which
all particles in the material will pass.

**Measurement** --- The process of identifying the dimensions, quantity,
or capacity of an item. See Section 109 for measurement methods, terms,
and definitions.

**Notice to Proceed** --- Written notice to the Contractor to begin the
contract work.

**Pavement Structure** --- The combination of subbase, base, paving
geotextiles, and surface courses placed on a subgrade to support and
distribute the traffic load to the roadbed.

**Pay Item** --- A specific item of work for which a unit and price is
provided in the contract.

**Payment Bond** --- The security executed by the Contractor and surety
or sureties and furnished to the Government to ensure payments as
required by law to all persons supplying labor or material according to
the contract.

**Performance Bond** --- The security executed by the Contractor and
surety or sureties furnished to the Government to guarantee completion
of the contract work.

**Plans** --- The contract plans furnished by the Government showing the
location, type, dimensions, and details of the work.

**Production Certification** --- See Subsection 106.03.

**Professional Engineer** --- Engineers who hold valid State licenses
permitting them to offer engineering services directly to the public,
who are experienced in the work for which they are responsible, who take
legal responsibility for their engineering designs, and who are bound by
a code of ethics to protect the public health.

**Profile Grade** --- The trace of a vertical plane intersecting a
particular surface of the proposed road construction located as shown on
the plans, usually along the longitudinal centerline of the roadbed.
Profile grade means either elevation or gradient of the trace according
to the context.

**Project** --- The specific section of the highway or other property on
which construction is to be performed under the contract.

**Right‑of‑Way** --- Real property necessary for the project, including
roadway, buffer areas, access, and drainage areas.

**Roadbed** --- The graded portion of a highway prepared as a foundation
for the pavement structure and shoulders.

**Roadside** --- All area within the right-of-way excluding the traveled
way and shoulders.

**Roadway** --- In general, the portion of a highway, including
shoulders, for vehicular use. A divided highway has two or more
roadways. In construction specifications, the portion of a highway
within the construction limits.

**Roadway Prism** --- The volume defined by the area between the
original terrain cross-section and the final design cross-section
multiplied by the horizontal distance along the centerline of the
roadway.

**Roller Pass** --- One trip of a roller in one direction over any one
spot.

**Shoulder** --- The portion of the roadway contiguous to the traveled
way for accommodation of stopped vehicles, for emergency use, and for
lateral support of the pavement structure.

**Sieve** --- See AASHTO M 92.

**Solicitation** --- The complete assembly of documents (whether
attached or incorporated by reference) furnished to prospective bidders.

**Special Contract Requirements** --- Additions and revisions to the
standard specifications applicable to an individual project.

**Specifications** --- The written requirements for performing work.

**Standard Forms ---** Numbered forms issued by the General Services
Administration for use as contract documents.

**Standard Plans ---** Detailed plans approved for repetitive use and
included as part of the plans.

**Standard Specifications** --- The Standard Specifications for
Construction of Roads and Bridges on Federal Highway Projects approved
for general application and repetitive use.

**Station** --- (1) A measure of distance used for highways and
railroads. A station is equal to one kilometer. (2) A precise location
along a survey line.

**Structures** --- Bridges, culverts, catch basins, drop inlets,
retaining walls, cribbing, manholes, endwalls, buildings, sewers,
service pipes, underdrains, foundation drains, and other constructed
features that may be encountered in the work.

**Subbase** --- The layer or layers of material placed on a subgrade to
support a base.

**Subcontract** --- The written agreement between the Contractor and an
individual or legal entity prescribing the performance of a specific
portion of the work.

**Subcontractor** --- An individual or legal entity with which the
Contractor sublets part of the work. This includes all subcontractors in
any tier.

**Subgrade** --- The top surface of a roadbed upon which the pavement
structure, shoulders, and curbs are constructed.

**Substantial Completion** --- The point at which the project is
complete such that it can be safely and effectively used by the public
without further delays, disruption, or other impediments. For
conventional bridge and highway work, the point at which all bridge
deck, parapet, pavement structure, shoulder, drainage, sidewalk,
permanent signing and markings, traffic barrier, safety appurtenance,
utility, and lighting work is complete.

**Substructure** --- All of the bridge below the bearings of simple and
continuous spans, skewbacks of arches, and tops of footings of rigid
frames including backwalls, wingwalls, and wing protection railings.

**Suitable Material** --- Rock or earth material that will provide
stable foundations, embankments, or roadbeds, and is reasonably free of
organic matter, roots, muck, sod, or other detrimental material.
Suitable material may require drying or adding water, root picking, and
other methods of manipulation before use. Suitable material includes the
classifications of materials for which the project was designed.

**Superintendent** --- The Contractor\'s authorized representative in
responsible charge of the work.

**Superstructure** --- The entire bridge except the substructure.

**Surety** --- An individual or corporation legally liable for the debt,
default, or failure of a Contractor to satisfy a contract obligation.

**Surface Course** --- The top layer or layers of a pavement structure
designed to accommodate the traffic load and resist skidding, traffic
abrasion, and weathering.

**Target Value (TV)** --- A number established as a center for operating
a given process. Once established, adjustments should be made in the
process as necessary to maintain a central tendency about the target
value. Test results obtained from a well-controlled process should
cluster closely around the established target value and the mean of the
test results should be equal to or nearly equal to the established
target value.

**Traveled Way** --- The portion of the roadway designated for the
movement of vehicles, including curve widening, exclusive of shoulders.

**Unsuitable Material** --- Material not capable of creating stable
foundations, embankments, or roadbeds. Unsuitable material includes
muck, sod, or soils with high organic contents.

**Work** --- The furnishing of all labor, material, equipment, and other
incidentals necessary to successfully complete the project according to
the contract.

## Section 102. --- BID, AWARD, AND

## EXECUTION OF CONTRACT

**102.01 Acquisition Regulations.** Bid, award, and execution of the
contract are governed by the FAR and TAR.

**102.02 Preparation of Bids.** Follow the requirements of FAR Clause
52.214-18 Preparation of Bids --- Construction.

Execute and submit all required standard forms, bid schedules, and
solicitation provisions contained in the solicitation as part of the
bid.

Complete SF 1442, *Solicitation, Offer, and Award*, and sign as follows:

**(a) Individuals.** Sign your individual signature. For individuals
doing business as a firm, follow the individual signature with the
individual\'s typed, stamped, or printed name and the words, *\"an
individual doing business as [(name of firm)]{.underline} .\"*

**(b) Partnerships.** Submit a list of all partners having authority to
bind the partnership. One of the listed partners must sign on behalf of
the partnership.

**(c) Corporations.** Sign in the corporate name, followed by the word
*\"by\"* and the signature and title of the person authorized to sign.
Submit evidence from the corporation that the person signing has
authority to bind the corporation.

**(d) Joint ventures.** Submit a copy of the Joint Venture agreement.
Sign the SF 1442 according to the Joint Venture agreement.

> **(e) Limited liability company.** Sign in the company name, followed
> by the word "by" and the signature of the person authorized to sign.
> Submit evidence that the individual executing the document has
> authority to bind the company.

**(f) Agents.** When an agent signs, other than as stated in (a) through
(e) above, furnish satisfactory evidence that the agent has authority to
bind the bidder.

Insert a unit bid price, in figures, for each pay item for which a
quantity appears in the bid schedule. Multiply the unit bid price by the
quantity for each pay item and show the amount bid. Should any
mathematical check made by the Government show a mistake in the amount
bid, the corrected unit price extension shall govern.

When the words *\"lump sum\"* appear as a unit bid price, insert an
amount bid for each lump sum pay item.

When the words *\"contingent sum\"* or a fixed rate appears as a unit
bid price, include the Government inserted amount bid for the item in
the total bid amount.

Total all of the amounts bid for each pay item and show the total bid
amount.

The quantities shown in the bid schedule are approximate, unless
designated as a contract quantity, and are used for the comparison of
bids. Payment will be made for the actual quantities of work performed
and accepted or material furnished according to the contract. The
scheduled quantities may be increased, decreased, or deleted. Bid
schedule quantities are considered the original contract quantities.

**102.03 Bid Guarantee.** Follow the requirements of FAR Clause 52.228‑1
Bid Guarantee.

**(a) General.** Submit a bid guarantee of 20 percent of the amount of
the bid or \$3 million, whichever is less. Submit the bid guarantee on
SF 24, *Bid Bond*. If the bid guarantee is other than a corporate or
individual surety, sign the SF 24 as the principal and make a statement
on the form pledging the security. Make checks or money orders payable
to the agency issuing the solicitation.

**(b) Power of attorney.** A corporate surety shall submit a current
power of attorney for the signing agent or attorney-in-fact with each SF
24.

**(c) Evidence of guarantee assistance.** A surety that has a guarantee
of assistance from the Small Business Administration shall submit a copy
of its *\"Surety Bond Guarantee Agreement\"* with each SF 24. In
addition, submit a power of attorney for the surety representative
identified in the agreement.

**102.04 Individual Surety.** Follow the requirements of FAR Clause
52.228-11 Pledges of Assets.

Complete and date the SF 28, *Affidavit of Individual Surety*, after the
solicitation date. The individual surety shall personally sign the SF
28. Execution by power of attorney is not acceptable. Bidders cannot
serve as their own surety. Assets named shall be committed to the
project with a bank designated to serve as trustee.

After reviewing the SF 28, the surety may be requested to provide
further documentation with respect to any of its assets, debts, or
encumbrances. The information may be required to be furnished under
oath. Failure of the surety to respond with the requested documentation
within 7 days of receipt of the request is cause for rejection of the
surety.

Any material misstatement by the surety, overstatement of assets (either
as to ownership or value) or understatement of liabilities is cause for
rejection of the surety. Substitution of individual sureties to support
a bid bond after the bid opening will not be permitted.

**102.05 Public Opening of Bids.** Bids will be publicly opened at the
time specified in the SF 1442. Their contents will be made public
information. The Government reserves the right to reject bids as set
forth in the FAR, Part 14.

**102.06 Performance and Payment Bonds.** Follow the requirements of FAR
Clause 52.228-15 Performance and Payment Bonds -- Construction. Furnish
a performance bond and a payment bond each in the penal amount of 100
percent of the original contract price.

Use SF 25, *Performance Bond*, and SF 25A, *Payment Bond*, for
submitting the bonds.

The requirements contained in Subsections 102.03 and 102.04 relating to
power of attorney, evidence of guarantee assistance, and individual
sureties also apply to performance and payment bonds.

## Section 103. --- SCOPE OF WORK

**103.01 Intent of Contract.** The intent of the contract is to provide
for the construction and completion of the work described. The precise
details of performing the work are not stipulated except as considered
essential for the successful completion of the work. Furnish all labor,
material, equipment, tools, transportation, and supplies necessary to
complete the work according to the contract.

**103.02 Disputes.** Follow the requirements of FAR Clause 52.233‑1
Disputes.

When requesting a CO\'s decision on an interpretation of contract terms
for the recovery of increased costs, quantify the amount and, if
required by FAR Clause 52.233-1, certify the amount. Include an
explanation of the interpretation of contract terms, the contract clause
under which the claim is made, all supporting documentation, and
adequate cost data to support the amount claimed.

**103.03 Value Engineering.** Follow the requirements of FAR Clause
52.248‑3 Value Engineering --- Construction.

Before undertaking significant expenditures, provide the CO with a
written description of the value engineering change proposal (VECP)
concept. Within 14 days, the CO will inform the Contractor as to whether
the concept appears to be viable or if the concept is unacceptable. If
the CO indicates that the concept appears to be viable, prepare and
submit the formal VECP proposal.

**103.04 Contractor Records.** Upon request, provide records related to
the contract to the Government for up to 3 years after final payment and
for longer periods as provided by law.

Include a provision in all subcontracts at all tiers giving the
Government the same rights as provided above with respect to the
subcontractor\'s records.

**103.05 Partnering.** To facilitate this contract, the Government
offers to participate in a formal partnership with the Contractor. This
partnership draws on the strengths of each organization to identify and
achieve reciprocal goals. Partnering strives to resolve problems in a
timely, professional, and non-adversarial manner. If problems result in
disputes, partnering encourages, but does not require, alternative
dispute resolution instead of the formal claim process. The objective is
effective and efficient contract performance to achieve a quality
project within budget and on schedule.

Acceptance of this partnering offer by the Contractor is optional, and
the partnership is bilateral.

If the partnering offer is accepted, mutually agree with the Government
on the level of organizational involvement and the need for a
professional to facilitate the partnering process. Engage the
facilitator and other resources for key Contractor and Government
representatives to attend a partnership development and team-building
workshop usually between the time of award and the notice to proceed.
Hold additional progress meetings upon mutual agreement.

The direct cost of partnering facilities, professional facilitation,
copying fees, and other miscellaneous costs directly related to
partnering meetings will be shared by the Contractor and Government.
Secure and pay for facilities, professional fees, and miscellaneous
requirements. Provide invoices to the Government. The Government will
reimburse the Contractor for 50 percent of the agreed costs incurred for
the partnering process. The Government's share will not exceed \$5,000.

Each party is responsible for making and paying for its own travel,
lodging, and meal arrangements. The time allowed for completion of the
project is not affected by partnering.

## Section 104. --- CONTROL OF WORK

**104.01 Authority of the Contracting Officer (CO).** The CO may
delegate authority to representatives to decide on acceptability of
work, progress of work, suspension of work, interpretation of the
contract, and acceptable fulfillment of the contract. The term *\"CO\"*
includes all authorized representatives of the CO, including inspectors,
acting within the limits of their authority as delegated by the CO.

**104.02 Authority of Inspectors.** Inspectors are authorized to inspect
all work including the preparation, fabrication, or manufacture of
material for the project. The inspector is not authorized to alter or
waive contract requirements, issue instruction contrary to the contract,
act as foreman for the Contractor, or direct the Contractor\'s
operations. The inspector has authority to identify non-conforming work
until the issue can be referred to and decided by the CO. The inspector
may take necessary action to prevent imminent and substantial risk of
death or injury including stopping work.

**104.03 Specifications and Drawings.** Follow the requirements of FAR
Clause 52.236-21 Specifications and Drawings for Construction.

**(a) General.** Prepare drawings as necessary to construct the work.
Drawings include, but are not limited to, layouts that show the relative
position (vertical and horizontal as appropriate) of work to be
performed, fabrication details for manufactured items and assemblies,
installation and erection procedures, details of post-tensioning and
other systems, detailed trench and excavation procedures that conform to
OSHA requirements, traffic control implementation drawings, and methods
for performing work near existing structures or other areas to be
protected. Show all the drawing dimensions in metric units according to
the International System of Units (SI), IEEE/ASTM SI 10.

Limit drawings to a maximum size of 610 by 920 millimeters. Include on
each drawing and calculation sheet, the project number, name, and other
identification as shown in the contract.

Furnish 5 sets of drawings and supporting calculations for acceptance
before performing work covered by the drawings. If drawings are returned
for revision, correct and resubmit for acceptance. Allow 40 days per
submission for railroad structures and 30 days per submission for all
other structures. The review time as specified is applied separately to
each drawing submitted. The CO may request additional specific drawings
for unique situations in order to clarify layout, construction details,
or methodology. If drawings must be resubmitted, the time for acceptance
starts over. Obtain written approval before changing or deviating from
the accepted drawings.

**(b) Specific requirements for concrete and miscellaneous structures.**

**(1)** Furnish drawings for the following:

*(a)* Site-specific layouts for all wall types and gabion installations;

*(b)* Gabion and revet mattress details and installation procedures;

*(c)* Forms and falsework for reinforced concrete box culverts less than
or equal to 1800millimeterin height;

*(d)* Fabrication drawings for bridge railings and parapets;

*(e)* Fabrication drawings for prestressed members;

*(f)* Fabrication and installation drawings for expansion joint
assemblies;

*(g)* Fabrication drawings for bearing assemblies;

*(h)* Construction joint location and concrete deck placement sequences
not shown on the plans;

*(i)* Erection diagrams for Soil-Corrugated Metal Structure interaction
systems (multi-plate structures);

*(j)* Structural steel fabrication drawings;

*(k)* Utility hangar details; and

*(l)* Fabrication and installation drawings for precast items.

**(2)** Furnish drawings that bear the seal and signature of a
professional engineer proficient in the pertinent design field for the
following:

*(a)* Erection plans*;*

*(b)* Reinforced soil slopes details;

*(c)* MSE wall and crib wall details*;*

*(d)* Details and installation procedures for proprietary wall systems;

*(e)* Temporary bridge structures for public use;

*(f)* All bridge forms except for railings, parapets, and components
less than 1800 millimeters in height;

*(g)* Shoring systems and cofferdams greater than 1800 millimeters in
height;

*(h)* All shoring systems that support traffic loadings;

*(i)* Forms and falsework for all structures greater than 1800
millimeters in height;

*(j)* Post-tensioning systems;

*(k)* Ground anchors, soil nail, and rock bolt assembly details, layout,
and installation and testing procedures;

*(l)* Tie back wall details; and

*(m)* Alternate retaining wall details*.*

**(3)** Furnish drawings that bear the seal and signature of a
professional engineer who is proficient in forms and falsework design
and licensed in the state where the project will be constructed for the
following:

*(a)* Falsework for any structure with a span exceeding 5000
millimeters;

*(b)* Falsework for any structure with a height exceeding 4300
millimeters; and

*(c)* Falsework for structures where traffic, other than workers
involved in constructing the structure, will travel under the structure.

**104.04 Coordination of Contract Documents.** The FAR, TAR, special
contract requirements, plans, and standard specifications are contract
documents. A requirement in one document is binding as though occurring
in all the contract documents. The contract documents are intended to be
complementary and to describe and provide for a complete contract. In
case of discrepancy, calculated and shown dimensions govern over scaled
dimensions. The contract documents govern in the following order:

**(a)** Federal Acquisition Regulations;

**(b)** Transportation Acquisition Regulations;

**(c)** Special contract requirements;

**(d)** Plans; and

**(e)** Standard specifications.

**104.05 Load Restrictions.** Follow the requirements of FAR Clause
52.236‑10 Operations and Storage Areas, paragraph (c).

Comply with all legal load restrictions when hauling material and
equipment on public roads to and from the project. A special permit does
not relieve the Contractor of liability for damage resulting from the
moving of material or equipment.

Unless otherwise permitted, do not operate equipment or vehicles that
exceed the legal load limits over new or existing structures, or
pavements within the project except those pavements intended to be
removed.

## Section 105. --- CONTROL OF MATERIAL

**105.01 Source of Supply and Quality Requirements.** Follow the
requirements of FAR Clause 52.236-5 Material and Workmanship.

Select sources and provide acceptable material. Notify the CO of all
proposed sources before delivery to the project to expedite material
inspection and testing. Do not incorporate material requiring submittal
into the work until approved.

Material may be approved at the source of supply before delivery to the
project. Approval does not constitute acceptance. If an approved source
does not continue to supply acceptable material during the life of the
project, further use of that source may be denied.

**105.02 Material Sources.**

**(a) Government-provided sources.** The Government will acquire the
permits and rights to remove material from provided sources identified
in the contract and to use such property for a plant site and
stockpiles. Test reports and available historical performance data
verifying the presence of acceptable material are available upon
request.

Do not perform work within a Government-provided source until a plan of
operation for the development of the source is accepted. Perform all
work necessary to produce acceptable material including site
development, preparation, erosion control, and restoration.

The quality of material in provided sources is acceptable in general,
but may contain layers or pockets of unacceptable material. It is not
feasible to ascertain from samples the quality of material for an entire
deposit, and variations may be expected. Determine the quantity and type
of equipment and work necessary to select and produce acceptable
material.

Strip and stockpile the overburden. After operations are complete, move
all waste back into the source. Neatly trim and flatten the side slopes
to the extent practicable. Spread the stockpiled overburden uniformly
over the sides and bottom of the mined area. Shape the mined area to
blend into the surrounding natural terrain.

**(b) Contractor-located sources.** The Contractor is responsible for
located sources, including established commercial sources. Use sources
that fulfill the contract quantity and quality requirements. Determine
the quantity and types of equipment and work necessary to select and
produce acceptable material. Secure all permits and clearances for use
of the source and provide copies of the documents.

Provide laboratory test reports and available historical performance
data indicating that acceptable material is available from the source.
Do not use material from a source that is unacceptable to the
Government. Dispose of unacceptable material and locate another source
at no cost to the Government.

**105.03** **Material Source Management.** Notify the CO 14 days before
starting pit operations. Develop and operate within a material source
according to the accepted plan of operation or written agreement for
developing the source.

Before developing a material source, measure the sediment content of
bodies of water adjacent to the work area that will receive drainage
from the work area. Control all erosion so the sediment levels in the
bodies of water within the drainage area of the work area do not
increase. Control erosion so that sediment does not leave the work area.

**105.04 Storing and Handling Material.** Store and handle material to
preserve its quality and fitness for the work. Stored material approved
before storage may again be inspected before use in the work. Locate
stored material to facilitate prompt inspection.

Use only approved portions of the right-of-way for storing material and
placing plants and equipment. Provide all additional space needed. Do
not use private property for storage without written permission of the
owner or lessee. Furnish copies of all agreements. Restore all
Government-provided storage sites to their original condition.

The Contractor is responsible for the security of all stored material.

**105.05 Use of Material Found in the Work.** Material, such as stone,
gravel, or sand, found in the excavation may be used for another pay
item when acceptable. When there is an applicable excavation item in the
bid schedule, such material will be paid both as excavation and as the
other pay item for which it is used. Replace material so used and needed
for embankment or backfill with acceptable material at no cost to the
Government. Excavate or remove material only from within the grading
limits, as indicated by the slope and grade lines.

The right to use and process material found in the work does not include
the use and processing of material for nongovernment contract work
except for the disposal of waste material. If the Contractor produces or
processes material from Government lands in excess of the quantities
required for the contract, the Government may:

**(a)** Take possession of the excess material and direct its use,
paying the Contractor only for the cost of production, or

**(b)** Require removal of the material and restoration of the land to a
satisfactory condition at no cost to the Government.

## Section 106. --- ACCEPTANCE OF WORK

**106.01 Conformity with Contract Requirements.** Follow the
requirements of FAR Clause 52.246-12 Inspection of Construction.

References to standard test methods of AASHTO, ASTM, GSA, and other
recognized standard authorities refer to the methods in effect on the
date of solicitation for bids.

Perform work according to the contract requirements. Perform all work to
the lines, grades, cross-sections, dimensions, and processes or material
requirements shown on the plans or specified in the contract.

Incorporate manufactured materials into the work according to the
manufacturer's recommendations or to these specifications, whichever is
stricter.

Plan dimensions and contract specification values are the values to be
strived for and complied with as the design values from which any
deviations are allowed. Perform work and provide material that is
uniform in character and reasonably close to the prescribed value or
within the specified tolerance range. The purpose of a tolerance range
is to accommodate occasional minor variations from the median zone that
are unavoidable for practical reasons.

The Government may inspect, sample, or test all work at any time before
final acceptance of the project. When the Government tests work, copies
of test reports are furnished to the Contractor upon request. Government
tests may or may not be performed at the work site. If Contractor
testing and inspection is verified by the Government, the Contractor's
results may be used by the Government to evaluate work for acceptance.
Do not rely on the availability of Government test results for process
control.

Acceptable work conforming to the contract will be paid for at the
contract unit bid price. Four methods of determining conformity and
accepting work are described in Subsections 106.02 to 106.05 inclusive.
The primary method of acceptance is specified in each Section of work.
However, work may be rejected at any time it is found by any of the
methods not to comply with the contract.

Remove and replace work that does not conform to the contract, or to
prevailing industry standards where no specific contract requirements
are noted, at no cost to the Government.

As an alternative to removal and replacement, the Contractor may submit
a written request to:

**(a)** Have the work accepted at a reduced price; or

**(b)** Be given permission to perform corrective measures to bring the
work into conformity.

The request must contain supporting rationale and documentation. Include
references or data justifying the proposal based on an evaluation of
test results, effect on service life, value of material or work,
quality, aesthetics, and other tangible engineering basis. The CO will
determine disposition of the nonconforming work.

When standard manufactured items are specified (such as fence, wire,
plates, rolled shapes, pipe conduits, etc., that are identified by
gauge, unit mass, section dimensions, etc.), the identification will be
considered to be nominal masses or dimensions. Unless specific contract
tolerances are noted, established manufacturing tolerances will be
accepted.

**106.02 Visual Inspection.** Acceptance is based on visual inspection
of the work for compliance with the contract and prevailing industry
standards.

**106.03 Certification.** For material manufactured off-site, use a
manufacturer with an ISO 9000 certification or an effective testing and
inspection system. Require the manufacturer to clearly mark the material
or packaging with a unique product identification or specification
standard to which it is produced.

Other than references in or to the FAR or Federal Law, when these
Standard Specifications reference certifications; certificates; or
certified documents, equipment, or individuals, these references are not
certifications under Section 4301 of Public Law 104‑106, National
Defense Authorization Act for Fiscal Year 1996. These references refer
to documentation of non-regulatory, peripheral contract requirements
that are required to be validated by an individual or organization
having unique knowledge or qualifications to perform such validation.

Material accepted by certification may be sampled and tested at any
time. If found not in conformance with the contract, the material will
be rejected whether in place or not.

One of the following certifications may be required:

**(a) Production certification.** Material requiring a production
certification is identified in the Acceptance Subsection of each
Section. Require the manufacturer to furnish a production certification
for each shipment of material. Include the following with each
production certification:

**(1)** Date and place of manufacture;

**(2)** Lot number or other means of cross-referencing to the
manufacturer's inspection and testing system; and

**(3)** Substantiating evidence that the material conforms to the
contract quality requirements as required by FAR 46.105(a)(4), including
all of the following:

*(a)* Test results on material from the same lot and documentation of
the inspection and testing system;

*(b)* A statement from the manufacturer that the material complies with
all contract requirements; and

*(c)* Manufacturer's signature or other means of demonstrating
accountability for the certification.

**(b) Commercial certification.** When a certification is required, but
not a production certification, furnish one commercial certification for
all similar material from the same manufacturer.

A commercial certification is a manufacturer\'s or Contractor\'s
representation that the material complies with all contract
requirements. The representation may be labels, catalog data, stamped
specification standards, or supplier\'s certifications indicating the
material is produced to a commercial standard or specification.

**106.04 Measured or Tested Conformance.** Provide all necessary
production and processing of the work and control performance of the
work so that all of the work complies with the contract requirements.

Results from inspection or testing shall have values within the
specified tolerances or specification limits. When no tolerance values
are identified in the contract, the work will be accepted based on
customary manufacturing and construction tolerances.

**106.05 Statistical Evaluation of Work and Determination of Pay Factor
(Value of Work).** Statistical evaluation of work is a method of
analyzing inspection or test results to determine conformity with the
contract requirements. The work will be accepted as follows:

**(a) General.** For work evaluated based on statistical evaluation,
both the Government and Contractor assume some risk.

The Government\'s risk is the probability that work of a rejectable
quality level is accepted. The Contractor\'s risk is either the
probability that work produced at an acceptable quality level (AQL) is
rejected (α) or the probability that the work produced at the AQL is
accepted at less than the contract price (α~100~).

Acceptable quality level is the lowest percentage of work within the
specification limits that is considered acceptable for payment at
contract price. There are 2 categories. Category I is based on an AQL of
95 percent. Category II is based on an AQL of 90 percent. In both cases,
the Contractor\'s risk (α~100~) is 5 percent and the risk of rejection
(α) is significantly lower.

As an incentive to produce uniform quality work and to offset the
Contractor\'s risk, a final payment greater than the contract price may
be obtained under certain conditions.

The quality characteristics to be evaluated, lot size, sampling
frequency, sampling location, test methods, specification limits, and
category are as follows:

**(1) Quality characteristics.** The quality characteristics to be
evaluated are listed in the Acceptance Subsection of each Section.

**(2) Lot size.** A lot is a discrete quantity of work to which the
statistical evaluation procedure is applied. A lot normally represents
the total quantity of work produced. More than one lot may occur if
changes in the target values, material sources, or job-mix formula are
requested in writing and approved.

**(3) Sampling frequency.** The frequency of sampling is listed in the
Acceptance Subsection of each Section. The frequency rate shown normally
results in a minimum of 5 samples. The minimum number required to
perform a statistical evaluation is 3. The maximum obtainable pay factor
with 3, 4, or 5 samples is 1.01. A minimum of 8 samples are required to
obtain a 1.05 pay factor.

If the sampling frequencies and quantity of work would otherwise result
in fewer than 8 samples, a written request is required to increase the
sampling frequency to provide for a minimum of 8 samples. Provide the
request to increase the sampling frequency at least 48 hours before
beginning production. An increase in the sampling frequency may result
in a reduced pay factor.

**(4) Sampling location.** The point of sampling is listed in the
Acceptance Subsection of each Section. The exact location of sampling
will be specified by the CO based on random numbers.

**(5) Test methods.** The test methods used to test the sample are
listed in the Acceptance Subsection of each Section.

**(6) Specification limits.** The specification limits for the quality
characteristics are listed in the contract provisions for the work in
question.

**(7) Category.** The category for the quality characteristics to be
analyzed is listed in the acceptance subsection of each Section.

**(b) Acceptance.** The work in the lot will be paid for at a final pay
factor when all inspections or test results are completed and evaluated.

Before determining the final pay factor, the work may be incorporated
into the project provided the current pay factor does not fall below
0.90. If a lot is concluded with fewer than 3 samples, the material will
be evaluated under Subsection 106.04.

If the current pay factor of a lot falls below 0.90, terminate
production. Production may resume after the Contractor takes effective
and acceptable actions to improve the quality of the production.

A lot containing an unsatisfactory percentage of nonspecification
material (less than 1.00 pay factor) is accepted provided the lowest
single pay factor has not fallen into the reject portion of Table 106-2.

A lot containing an unsatisfactory percentage of nonspecification
material with the lowest single pay factor falling into the reject
portion of Table 106-2 is rejected. Remove all rejected material from
the work.

When approved, it is permissible to voluntarily remove nonspecification
material and replace it with new material to avoid or minimize a pay
factor of less than 1.00. New material will be sampled, tested, and
evaluated according to this Subsection.

Any quantity of material may be rejected based on visual inspection or
test results. Do not incorporate rejected material in the work. The
results of tests run on rejected material will be excluded from the lot.

**(c) Statistical evaluation.** The Variability-Unknown/Standard
Deviation Method will be used to determine the estimated percentage of
the lot that is within specification limits.

The number of significant figures used in the calculations will be
according to AASHTO R 11, absolute method.

The estimated percentage of work that is within the specification limits
for each quality characteristic will be determined as follows:

**(1)** Calculate the arithmetic mean ($\overline{x}$) of the test
values:$\overline{x}$=$\frac{\sum_{}^{}x}{n}$

where: ∑ = summation of

*x* = individual test value

*n* = total number of test values

**(2)** Calculate the standard deviation (*s*):

s =
$\sqrt{\frac{n\sum_{}^{}\left( x^{2} \right)\  - \ \left( \sum_{}^{}x \right)^{2}\ }{n(n - 1)}}$

where: ∑(x^2^) = summation of the squares of individual test values

(∑x)^2^ = summation of the individual test values squared

**(3)** Calculate the upper quality index (*Q~U~*): *Q~U~* =
$\frac{\text{USL}\  - \ \overline{X}}{s}$

where: *USL* = upper specification limit

**Note:** The *USL* is equal to the contract specification limit or the
target value plus the allowable deviation.

**(4)** Calculate the lower quality index (*Q~L~*): *Q~L~* =
$\frac{\overline{X}\  - \ \text{LSL}}{s}$

where: *LSL* = lower specification limit

**Note:** The *LSL* is equal to the contract specification limit or the
target value minus the allowable deviation.

**(5)** From Table 106-1, determine *P~U~* (the estimated percentage of
work within the *USL*). *P~U~* corresponds to a given *Q~U~*. If a *USL*
is not specified, *P~U~* is 100.

**(6)** From Table 106-1, determine *P~L~* (the estimated percentage of
work within the lot within the *LSL*). *P~L~* corresponds to a given
*Q~L~*. If an *LSL* is not specified, *P~L~* is 100.

**(7)** Calculate the total estimated percentage of work within the
*USL* and *LSL*:

*P~U~ + P~L~ - 100*

**(8)** Repeat steps 1 through 7 for each quality characteristic listed
for statistical evaluation.

**(d) Pay factor determination (value of the work).** The pay factor for
a lot will be determined as follows:

**(1)** From Table 106-2, determine the pay factor for each quality
characteristic using the total number of test values and the total
estimated percentage within the specification limits from step (c)(7).

**(2)** When all quality characteristics for a lot are Category I, the
lot pay factor is based on the lowest single pay factor for any Category
I quality characteristic. The maximum obtainable pay factor is 1.05
(with a minimum of 8 test values).

**(3)** When quality characteristics for a lot are both Category I and
II, the lot pay factor is based on the following:

*(a)* When all Category II quality characteristics are 1.00, the lot
payment is based on the lowest single pay factor for all category I
characteristics. The maximum obtainable pay factor is 1.05 (with a
minimum of 8 test values).

**Table 106-1**

Estimated Percent of Work Within Specification Limits

<table style="width:100%;">
<colgroup>
<col style="width: 19%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
</colgroup>
<thead>
<tr class="header">
<th rowspan="2"><p><strong>Estimated</strong></p>
<p><strong>Percent within Specification Limits</strong></p>
<p><strong>(P<sub>U</sub> or P<sub>L</sub>)</strong></p></th>
<th colspan="9"><strong>Upper Quality Index Q<sub>U</sub> or Lower
Quality Index Q<sub>L</sub></strong></th>
</tr>
<tr class="odd">
<th><strong>n=3</strong></th>
<th><strong>n=4</strong></th>
<th><strong>n=5</strong></th>
<th><strong>n=6</strong></th>
<th><strong>n=7</strong></th>
<th><strong>n=8</strong></th>
<th><strong>n=9</strong></th>
<th><p><strong>n=10</strong></p>
<p><strong>to</strong></p>
<p><strong>n=11</strong></p></th>
<th><p><strong>n=12</strong></p>
<p><strong>to</strong></p>
<p><strong>n=14</strong></p></th>
</tr>
</thead>
<tbody>
<tr class="odd">
<td><p>100</p>
<p>99</p>
<p>98</p>
<p>97</p>
<p>96</p>
<p>95</p></td>
<td><p>1.16</p>
<p>-</p>
<p>-</p>
<p>1.15</p>
<p>-</p>
<p>1.14</p></td>
<td><p>1.49</p>
<p>1.46</p>
<p>1.43</p>
<p>1.40</p>
<p>1.37</p>
<p>1.34</p></td>
<td><p>1.72</p>
<p>1.64</p>
<p>1.58</p>
<p>1.52</p>
<p>1.47</p>
<p>1.42</p></td>
<td><p>1.88</p>
<p>1.75</p>
<p>1.66</p>
<p>1.59</p>
<p>1.52</p>
<p>1.47</p></td>
<td><p>1.99</p>
<p>1.82</p>
<p>1.72</p>
<p>1.63</p>
<p>1.56</p>
<p>1.49</p></td>
<td><p>2.07</p>
<p>1.88</p>
<p>1.75</p>
<p>1.66</p>
<p>1.58</p>
<p>1.51</p></td>
<td><p>2.13</p>
<p>1.91</p>
<p>1.78</p>
<p>1.68</p>
<p>1.60</p>
<p>1.52</p></td>
<td><p>2.20</p>
<p>1.96</p>
<p>1.81</p>
<p>1.71</p>
<p>1.62</p>
<p>1.54</p></td>
<td><p>2.28</p>
<p>2.01</p>
<p>1.84</p>
<p>1.73</p>
<p>1.64</p>
<p>1.55</p></td>
</tr>
<tr class="even">
<td><p>94</p>
<p>93</p>
<p>92</p>
<p>91</p>
<p>90</p></td>
<td><p>-</p>
<p>1.13</p>
<p>1.12</p>
<p>1.11</p>
<p>1.10</p></td>
<td><p>1.31</p>
<p>1.28</p>
<p>1.25</p>
<p>1.22</p>
<p>1.19</p></td>
<td><p>1.38</p>
<p>1.33</p>
<p>1.29</p>
<p>1.25</p>
<p>1.21</p></td>
<td><p>1.41</p>
<p>1.36</p>
<p>1.31</p>
<p>1.27</p>
<p>1.23</p></td>
<td><p>1.43</p>
<p>1.38</p>
<p>1.33</p>
<p>1.28</p>
<p>1.23</p></td>
<td><p>1.45</p>
<p>1.39</p>
<p>1.33</p>
<p>1.28</p>
<p>1.24</p></td>
<td><p>1.46</p>
<p>1.40</p>
<p>1.34</p>
<p>1.29</p>
<p>1.24</p></td>
<td><p>1.47</p>
<p>1.41</p>
<p>1.35</p>
<p>1.29</p>
<p>1.24</p></td>
<td><p>1.48</p>
<p>1.41</p>
<p>1.35</p>
<p>1.30</p>
<p>1.25</p></td>
</tr>
<tr class="odd">
<td><p>89</p>
<p>88</p>
<p>87</p>
<p>86</p>
<p>85</p></td>
<td><p>1.09</p>
<p>1.07</p>
<p>1.06</p>
<p>1.04</p>
<p>1.03</p></td>
<td><p>1.16</p>
<p>1.13</p>
<p>1.10</p>
<p>1.07</p>
<p>1.04</p></td>
<td><p>1.18</p>
<p>1.14</p>
<p>1.10</p>
<p>1.07</p>
<p>1.03</p></td>
<td><p>1.18</p>
<p>1.14</p>
<p>1.10</p>
<p>1.07</p>
<p>1.03</p></td>
<td><p>1.19</p>
<p>1.15</p>
<p>1.10</p>
<p>1.07</p>
<p>1.03</p></td>
<td><p>1.19</p>
<p>1.15</p>
<p>1.10</p>
<p>1.06</p>
<p>1.03</p></td>
<td><p>1.19</p>
<p>1.15</p>
<p>1.10</p>
<p>1.06</p>
<p>1.02</p></td>
<td><p>1.19</p>
<p>1.15</p>
<p>1.10</p>
<p>1.06</p>
<p>1.02</p></td>
<td><p>1.20</p>
<p>1.15</p>
<p>1.11</p>
<p>1.06</p>
<p>1.02</p></td>
</tr>
<tr class="even">
<td><p>84</p>
<p>83</p>
<p>82</p>
<p>81</p>
<p>80</p></td>
<td><p>1.01</p>
<p>0.99</p>
<p>0.97</p>
<p>0.95</p>
<p>0.93</p></td>
<td><p>1.01</p>
<p>0.98</p>
<p>0.95</p>
<p>0.92</p>
<p>0.89</p></td>
<td><p>1.00</p>
<p>0.97</p>
<p>0.93</p>
<p>0.90</p>
<p>0.87</p></td>
<td><p>0.99</p>
<p>0.96</p>
<p>0.92</p>
<p>0.89</p>
<p>0.86</p></td>
<td><p>0.99</p>
<p>0.95</p>
<p>0.92</p>
<p>0.88</p>
<p>0.85</p></td>
<td><p>0.99</p>
<p>0.95</p>
<p>0.92</p>
<p>0.88</p>
<p>0.85</p></td>
<td><p>0.99</p>
<p>0.95</p>
<p>0.91</p>
<p>0.88</p>
<p>0.84</p></td>
<td><p>0.98</p>
<p>0.95</p>
<p>0.91</p>
<p>0.87</p>
<p>0.84</p></td>
<td><p>0.98</p>
<p>0.94</p>
<p>0.91</p>
<p>0.87</p>
<p>0.84</p></td>
</tr>
<tr class="odd">
<td><p>79</p>
<p>78</p>
<p>77</p>
<p>76</p>
<p>75</p></td>
<td><p>0.91</p>
<p>0.88</p>
<p>0.86</p>
<p>0.83</p>
<p>0.81</p></td>
<td><p>0.86</p>
<p>0.83</p>
<p>0.80</p>
<p>0.77</p>
<p>0.74</p></td>
<td><p>0.84</p>
<p>0.81</p>
<p>0.77</p>
<p>0.74</p>
<p>0.71</p></td>
<td><p>0.82</p>
<p>0.79</p>
<p>0.76</p>
<p>0.73</p>
<p>0.70</p></td>
<td><p>0.82</p>
<p>0.79</p>
<p>0.75</p>
<p>0.72</p>
<p>0.69</p></td>
<td><p>0.81</p>
<p>0.78</p>
<p>0.75</p>
<p>0.72</p>
<p>0.69</p></td>
<td><p>0.81</p>
<p>0.78</p>
<p>0.74</p>
<p>0.71</p>
<p>0.68</p></td>
<td><p>0.81</p>
<p>0.77</p>
<p>0.74</p>
<p>0.71</p>
<p>0.68</p></td>
<td><p>0.80</p>
<p>0.77</p>
<p>0.74</p>
<p>0.70</p>
<p>0.67</p></td>
</tr>
<tr class="even">
<td><p>74</p>
<p>73</p>
<p>72</p>
<p>71</p>
<p>70</p></td>
<td><p>0.78</p>
<p>0.75</p>
<p>0.73</p>
<p>0.70</p>
<p>0.67</p></td>
<td><p>0.71</p>
<p>0.68</p>
<p>0.65</p>
<p>0.62</p>
<p>0.59</p></td>
<td><p>0.68</p>
<p>0.65</p>
<p>0.62</p>
<p>0.59</p>
<p>0.56</p></td>
<td><p>0.67</p>
<p>0.64</p>
<p>0.61</p>
<p>0.58</p>
<p>0.55</p></td>
<td><p>0.67</p>
<p>0.63</p>
<p>0.60</p>
<p>0.57</p>
<p>0.54</p></td>
<td><p>0.65</p>
<p>0.62</p>
<p>0.59</p>
<p>0.57</p>
<p>0.54</p></td>
<td><p>0.65</p>
<p>0.62</p>
<p>0.59</p>
<p>0.56</p>
<p>0.53</p></td>
<td><p>0.65</p>
<p>0.62</p>
<p>0.59</p>
<p>0.56</p>
<p>0.53</p></td>
<td><p>0.64</p>
<p>0.61</p>
<p>0.58</p>
<p>0.55</p>
<p>0.52</p></td>
</tr>
<tr class="odd">
<td><p>69</p>
<p>68</p>
<p>67</p>
<p>66</p>
<p>65</p></td>
<td><p>0.64</p>
<p>0.61</p>
<p>0.58</p>
<p>0.55</p>
<p>0.51</p></td>
<td><p>0.56</p>
<p>0.53</p>
<p>0.50</p>
<p>0.47</p>
<p>0.44</p></td>
<td><p>0.53</p>
<p>0.50</p>
<p>0.47</p>
<p>0.45</p>
<p>0.42</p></td>
<td><p>0.52</p>
<p>0.49</p>
<p>0.46</p>
<p>0.43</p>
<p>0.40</p></td>
<td><p>0.51</p>
<p>0.48</p>
<p>0.45</p>
<p>0.43</p>
<p>0.40</p></td>
<td><p>0.51</p>
<p>0.48</p>
<p>0.45</p>
<p>0.42</p>
<p>0.39</p></td>
<td><p>0.50</p>
<p>0.48</p>
<p>0.45</p>
<p>0.42</p>
<p>0.39</p></td>
<td><p>0.50</p>
<p>0.47</p>
<p>0.44</p>
<p>0.42</p>
<p>0.39</p></td>
<td><p>0.50</p>
<p>0.47</p>
<p>0.44</p>
<p>0.41</p>
<p>0.38</p></td>
</tr>
<tr class="even">
<td><p>64</p>
<p>63</p>
<p>62</p>
<p>61</p>
<p>60</p></td>
<td><p>0.48</p>
<p>0.45</p>
<p>0.41</p>
<p>0.38</p>
<p>0.34</p></td>
<td><p>0.41</p>
<p>0.38</p>
<p>0.35</p>
<p>0.30</p>
<p>0.28</p></td>
<td><p>0.39</p>
<p>0.36</p>
<p>0.33</p>
<p>0.30</p>
<p>0.28</p></td>
<td><p>0.38</p>
<p>0.35</p>
<p>0.32</p>
<p>0.30</p>
<p>0.25</p></td>
<td><p>0.37</p>
<p>0.34</p>
<p>0.32</p>
<p>0.29</p>
<p>0.25</p></td>
<td><p>0.37</p>
<p>0.34</p>
<p>0.31</p>
<p>0.28</p>
<p>0.25</p></td>
<td><p>0.36</p>
<p>0.34</p>
<p>0.31</p>
<p>0.28</p>
<p>0.25</p></td>
<td><p>0.36</p>
<p>0.33</p>
<p>0.31</p>
<p>0.28</p>
<p>0.25</p></td>
<td><p>0.36</p>
<p>0.33</p>
<p>0.30</p>
<p>0.28</p>
<p>0.25</p></td>
</tr>
<tr class="odd">
<td><p>59</p>
<p>58</p>
<p>57</p>
<p>56</p>
<p>55</p></td>
<td><p>0.31</p>
<p>0.30</p>
<p>0.25</p>
<p>0.20</p>
<p>0.18</p></td>
<td><p>0.27</p>
<p>0.25</p>
<p>0.20</p>
<p>0.18</p>
<p>0.15</p></td>
<td><p>0.25</p>
<p>0.23</p>
<p>0.18</p>
<p>0.16</p>
<p>0.13</p></td>
<td><p>0.23</p>
<p>0.20</p>
<p>0.18</p>
<p>0.15</p>
<p>0.13</p></td>
<td><p>0.23</p>
<p>0.20</p>
<p>0.18</p>
<p>0.15</p>
<p>0.13</p></td>
<td><p>0.23</p>
<p>0.20</p>
<p>0.18</p>
<p>0.15</p>
<p>0.13</p></td>
<td><p>0.23</p>
<p>0.20</p>
<p>0.18</p>
<p>0.15</p>
<p>0.13</p></td>
<td><p>0.23</p>
<p>0.20</p>
<p>0.18</p>
<p>0.15</p>
<p>0.13</p></td>
<td><p>0.23</p>
<p>0.20</p>
<p>0.18</p>
<p>0.15</p>
<p>0.13</p></td>
</tr>
<tr class="even">
<td><p>54</p>
<p>53</p>
<p>52</p>
<p>51</p>
<p>50</p></td>
<td><p>0.15</p>
<p>0.10</p>
<p>0.08</p>
<p>0.05</p>
<p>0.00</p></td>
<td><p>0.13</p>
<p>0.10</p>
<p>0.05</p>
<p>0.03</p>
<p>0.00</p></td>
<td><p>0.10</p>
<p>0.08</p>
<p>0.05</p>
<p>0.03</p>
<p>0.00</p></td>
<td><p>0.10</p>
<p>0.08</p>
<p>0.05</p>
<p>0.03</p>
<p>0.00</p></td>
<td><p>0.10</p>
<p>0.08</p>
<p>0.05</p>
<p>0.03</p>
<p>0.00</p></td>
<td><p>0.10</p>
<p>0.08</p>
<p>0.05</p>
<p>0.03</p>
<p>0.00</p></td>
<td><p>0.10</p>
<p>0.08</p>
<p>0.05</p>
<p>0.03</p>
<p>0.00</p></td>
<td><p>0.10</p>
<p>0.08</p>
<p>0.05</p>
<p>0.03</p>
<p>0.00</p></td>
<td><p>0.10</p>
<p>0.08</p>
<p>0.05</p>
<p>0.03</p>
<p>0.00</p></td>
</tr>
</tbody>
</table>

**Note:** If the value of Q~U~ or Q~L~ does not correspond to a value in
the table, use the next lower Q value.

If Q~U~ or Q~L~ are negative values, P~U~ or P~L~ is equal to 100 minus
the table value for P~U~ or P~L~.

(continued)

Table 106-1 (continued)

Estimated Percent of Work Within Specification Limits

+--------------------+--------+-------+------+------+------+-------+
| **Estimated**      | *      |       |      |      |      |       |
|                    | *Upper |       |      |      |      |       |
| **Percent within** | Q      |       |      |      |      |       |
|                    | uality |       |      |      |      |       |
| **Specification    | Index  |       |      |      |      |       |
| Limits**           | Q~U~   |       |      |      |      |       |
|                    | or     |       |      |      |      |       |
| **(P~U~ or P~L~)** | Lower  |       |      |      |      |       |
|                    | Q      |       |      |      |      |       |
|                    | uality |       |      |      |      |       |
|                    | Index  |       |      |      |      |       |
|                    | Q~L~** |       |      |      |      |       |
+====================+========+=======+======+======+======+=======+
|                    | **     | **n   | **n= | **n= | **n= | **n   |
|                    | n=15** | =18** | 23** | 30** | 43** | =67** |
|                    |        |       |      |      |      |       |
|                    | **to** | *     | **   | **   | **   | *     |
|                    |        | *to** | to** | to** | to** | *to** |
|                    | **     |       |      |      |      |       |
|                    | n=17** | **n   | **n= | **n= | **n= |       |
|                    |        | =22** | 29** | 42** | 66** |       |
+--------------------+--------+-------+------+------+------+-------+
| 100                | 2.34   | 2.39  | 2.44 | 2.48 | 2.51 | 2.56  |
|                    |        |       |      |      |      |       |
| 99                 | 2.04   | 2.07  | 2.09 | 2.12 | 2.14 | 2.16  |
|                    |        |       |      |      |      |       |
| 98                 | 1.87   | 1.89  | 1.91 | 1.93 | 1.94 | 1.95  |
|                    |        |       |      |      |      |       |
| 97                 | 1.75   | 1.76  | 1.78 | 1.79 | 1.80 | 1.81  |
|                    |        |       |      |      |      |       |
| 96                 | 1.65   | 1.66  | 1.67 | 1.68 | 1.69 | 1.70  |
|                    |        |       |      |      |      |       |
| 95                 | 1.56   | 1.57  | 1.58 | 1.59 | 1.59 | 1.60  |
+--------------------+--------+-------+------+------+------+-------+
| 94                 | 1.49   | 1.50  | 1.50 | 1.51 | 1.51 | 1.52  |
|                    |        |       |      |      |      |       |
| 93                 | 1.42   | 1.43  | 1.43 | 1.44 | 1.44 | 1.44  |
|                    |        |       |      |      |      |       |
| 92                 | 1.36   | 1.36  | 1.37 | 1.37 | 1.37 | 1.38  |
|                    |        |       |      |      |      |       |
| 91                 | 1.30   | 1.30  | 1.31 | 1.31 | 1.31 | 1.31  |
|                    |        |       |      |      |      |       |
| 90                 | 1.25   | 1.25  | 1.25 | 1.25 | 1.26 | 1.26  |
+--------------------+--------+-------+------+------+------+-------+
| 89                 | 1.20   | 1.20  | 1.20 | 1.20 | 1.20 | 1.20  |
|                    |        |       |      |      |      |       |
| 88                 | 1.15   | 1.15  | 1.15 | 1.15 | 1.15 | 1.15  |
|                    |        |       |      |      |      |       |
| 87                 | 1.11   | 1.11  | 1.11 | 1.11 | 1.11 | 1.11  |
|                    |        |       |      |      |      |       |
| 86                 | 1.06   | 1.06  | 1.06 | 1.06 | 1.06 | 1.06  |
|                    |        |       |      |      |      |       |
| 85                 | 1.02   | 1.02  | 1.02 | 1.02 | 1.02 | 1.02  |
+--------------------+--------+-------+------+------+------+-------+
| 84                 | 0.98   | 0.98  | 0.98 | 0.98 | 0.98 | 0.98  |
|                    |        |       |      |      |      |       |
| 83                 | 0.94   | 0.94  | 0.94 | 0.94 | 0.94 | 0.94  |
|                    |        |       |      |      |      |       |
| 82                 | 0.91   | 0.90  | 0.90 | 0.90 | 0.90 | 0.90  |
|                    |        |       |      |      |      |       |
| 81                 | 0.87   | 0.87  | 0.87 | 0.87 | 0.87 | 0.87  |
|                    |        |       |      |      |      |       |
| 80                 | 0.83   | 0.83  | 0.83 | 0.83 | 0.83 | 0.83  |
+--------------------+--------+-------+------+------+------+-------+
| 79                 | 0.80   | 0.80  | 0.80 | 0.80 | 0.80 | 0.79  |
|                    |        |       |      |      |      |       |
| 78                 | 0.77   | 0.76  | 0.76 | 0.76 | 0.76 | 0.76  |
|                    |        |       |      |      |      |       |
| 77                 | 0.73   | 0.73  | 0.73 | 0.73 | 0.73 | 0.73  |
|                    |        |       |      |      |      |       |
| 76                 | 0.70   | 0.70  | 0.70 | 0.70 | 0.70 | 0.70  |
|                    |        |       |      |      |      |       |
| 75                 | 0.67   | 0.67  | 0.67 | 0.67 | 0.67 | 0.66  |
+--------------------+--------+-------+------+------+------+-------+
| 74                 | 0.64   | 0.64  | 0.64 | 0.64 | 0.64 | 0.63  |
|                    |        |       |      |      |      |       |
| 73                 | 0.61   | 0.61  | 0.61 | 0.61 | 0.61 | 0.60  |
|                    |        |       |      |      |      |       |
| 72                 | 0.58   | 0.58  | 0.58 | 0.58 | 0.58 | 0.57  |
|                    |        |       |      |      |      |       |
| 71                 | 0.55   | 0.55  | 0.55 | 0.55 | 0.55 | 0.54  |
|                    |        |       |      |      |      |       |
| 70                 | 0.52   | 0.52  | 0.52 | 0.52 | 0.52 | 0.52  |
+--------------------+--------+-------+------+------+------+-------+
| 69                 | 0.49   | 0.49  | 0.49 | 0.49 | 0.49 | 0.49  |
|                    |        |       |      |      |      |       |
| 68                 | 0.47   | 0.46  | 0.46 | 0.46 | 0.46 | 0.46  |
|                    |        |       |      |      |      |       |
| 67                 | 0.44   | 0.44  | 0.43 | 0.43 | 0.43 | 0.43  |
|                    |        |       |      |      |      |       |
| 66                 | 0.41   | 0.41  | 0.41 | 0.41 | 0.41 | 0.40  |
|                    |        |       |      |      |      |       |
| 65                 | 0.38   | 0.38  | 0.38 | 0.38 | 0.38 | 0.38  |
+--------------------+--------+-------+------+------+------+-------+
| 64                 | 0.36   | 0.35  | 0.35 | 0.35 | 0.35 | 0.35  |
|                    |        |       |      |      |      |       |
| 63                 | 0.33   | 0.33  | 0.33 | 0.33 | 0.33 | 0.32  |
|                    |        |       |      |      |      |       |
| 62                 | 0.30   | 0.30  | 0.30 | 0.30 | 0.30 | 0.30  |
|                    |        |       |      |      |      |       |
| 61                 | 0.28   | 0.28  | 0.28 | 0.28 | 0.28 | 0.28  |
|                    |        |       |      |      |      |       |
| 60                 | 0.25   | 0.25  | 0.25 | 0.25 | 0.25 | 0.25  |
+--------------------+--------+-------+------+------+------+-------+
| 59                 | 0.23   | 0.23  | 0.23 | 0.23 | 0.23 | 0.23  |
|                    |        |       |      |      |      |       |
| 58                 | 0.20   | 0.20  | 0.20 | 0.20 | 0.20 | 0.20  |
|                    |        |       |      |      |      |       |
| 57                 | 0.18   | 0.18  | 0.18 | 0.18 | 0.18 | 0.18  |
|                    |        |       |      |      |      |       |
| 56                 | 0.15   | 0.15  | 0.15 | 0.15 | 0.15 | 0.15  |
|                    |        |       |      |      |      |       |
| 55                 | 0.13   | 0.13  | 0.13 | 0.13 | 0.13 | 0.13  |
+--------------------+--------+-------+------+------+------+-------+
| 54                 | 0.10   | 0.10  | 0.10 | 0.10 | 0.10 | 0.10  |
|                    |        |       |      |      |      |       |
| 53                 | 0.08   | 0.08  | 0.08 | 0.08 | 0.08 | 0.08  |
|                    |        |       |      |      |      |       |
| 52                 | 0.05   | 0.05  | 0.05 | 0.05 | 0.05 | 0.05  |
|                    |        |       |      |      |      |       |
| 51                 | 0.03   | 0.03  | 0.03 | 0.03 | 0.03 | 0.03  |
|                    |        |       |      |      |      |       |
| 50                 | 0.00   | 0.00  | 0.00 | 0.00 | 0.00 | 0.00  |
+--------------------+--------+-------+------+------+------+-------+

**Note:** If the value of Q~U~ or Q~L~ does not correspond to a value in
the table, use the next lower Q value.

If Q~U~ or Q~L~ are negative values, P~U~ or P~L~ is equal to 100 minus
the table value for P~U~ or P~L~.

<table style="width:100%;">
<colgroup>
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
</colgroup>
<tbody>
<tr class="odd">
<td rowspan="17">Table 106-2 Pay Factors</td>
<td rowspan="15"><strong>Minimum Required Percent of Work Within
Specification Limits for a Given Pay Factor (P<sub>U</sub> +
P<sub>L</sub>) – 100</strong></td>
<td colspan="2"><p><strong>n=67</strong></p>
<p><strong>to</strong></p>
<p><strong>∞</strong></p></td>
<td colspan="2">100</td>
<td colspan="2">97</td>
<td colspan="2">96</td>
<td colspan="2">94</td>
<td colspan="3">93</td>
<td colspan="2">92</td>
<td colspan="2">91</td>
<td colspan="2">90</td>
<td colspan="2">88</td>
<td colspan="3">87</td>
<td colspan="3">86</td>
<td colspan="3">85</td>
<td colspan="3">84</td>
<td colspan="3">82</td>
<td colspan="3">81</td>
<td colspan="3">80</td>
<td colspan="3">79</td>
<td colspan="3">78</td>
<td colspan="3">77</td>
<td colspan="3">76</td>
<td colspan="3" rowspan="15"><strong>Note:</strong> If the value of
(P<sub>U</sub> + P<sub>L</sub>) – 100 does not correspond to a
(P<sub>U</sub> + P<sub>L</sub>) – 100 value in this table, use the next
smaller (P<sub>U</sub> + P<sub>L</sub>) – 100 value.</td>
<td colspan="3" rowspan="15">(continued)</td>
</tr>
<tr class="even">
<td colspan="2"><p><strong>n=43</strong></p>
<p><strong>to</strong></p>
<p><strong>n=66</strong></p></td>
<td colspan="2">100</td>
<td colspan="2">97</td>
<td colspan="2">96</td>
<td colspan="2">94</td>
<td colspan="3">92</td>
<td colspan="2">91</td>
<td colspan="2">90</td>
<td colspan="2">88</td>
<td colspan="2">87</td>
<td colspan="3">86</td>
<td colspan="3">84</td>
<td colspan="3">83</td>
<td colspan="3">82</td>
<td colspan="3">81</td>
<td colspan="3">79</td>
<td colspan="3">78</td>
<td colspan="3">77</td>
<td colspan="3">76</td>
<td colspan="3">75</td>
<td colspan="3">74</td>
</tr>
<tr class="odd">
<td colspan="2"><p><strong>n=30</strong></p>
<p><strong>to</strong></p>
<p><strong>n=42</strong></p></td>
<td colspan="2">100</td>
<td colspan="2">97</td>
<td colspan="2">95</td>
<td colspan="2">93</td>
<td colspan="3">92</td>
<td colspan="2">90</td>
<td colspan="2">89</td>
<td colspan="2">87</td>
<td colspan="2">86</td>
<td colspan="3">84</td>
<td colspan="3">83</td>
<td colspan="3">82</td>
<td colspan="3">80</td>
<td colspan="3">79</td>
<td colspan="3">78</td>
<td colspan="3">77</td>
<td colspan="3">75</td>
<td colspan="3">74</td>
<td colspan="3">73</td>
<td colspan="3">72</td>
</tr>
<tr class="even">
<td colspan="2"><p><strong>n=23</strong></p>
<p><strong>to</strong></p>
<p><strong>n=29</strong></p></td>
<td colspan="2">100</td>
<td colspan="2">97</td>
<td colspan="2">95</td>
<td colspan="2">93</td>
<td colspan="3">91</td>
<td colspan="2">89</td>
<td colspan="2">87</td>
<td colspan="2">86</td>
<td colspan="2">84</td>
<td colspan="3">83</td>
<td colspan="3">82</td>
<td colspan="3">80</td>
<td colspan="3">79</td>
<td colspan="3">78</td>
<td colspan="3">76</td>
<td colspan="3">75</td>
<td colspan="3">74</td>
<td colspan="3">73</td>
<td colspan="3">71</td>
<td colspan="3">70</td>
</tr>
<tr class="odd">
<td colspan="2"><p><strong>n=18</strong></p>
<p><strong>to</strong></p>
<p><strong>n=22</strong></p></td>
<td colspan="2">100</td>
<td colspan="2">96</td>
<td colspan="2">94</td>
<td colspan="2">92</td>
<td colspan="3">90</td>
<td colspan="2">88</td>
<td colspan="2">86</td>
<td colspan="2">85</td>
<td colspan="2">83</td>
<td colspan="3">82</td>
<td colspan="3">80</td>
<td colspan="3">79</td>
<td colspan="3">78</td>
<td colspan="3">76</td>
<td colspan="3">75</td>
<td colspan="3">74</td>
<td colspan="3">72</td>
<td colspan="3">71</td>
<td colspan="3">70</td>
<td colspan="3">69</td>
</tr>
<tr class="even">
<td colspan="2"><p><strong>n=15</strong></p>
<p><strong>to</strong></p>
<p><strong>n=17</strong></p></td>
<td colspan="2">100</td>
<td colspan="2">96</td>
<td colspan="2">93</td>
<td colspan="2">91</td>
<td colspan="3">89</td>
<td colspan="2">87</td>
<td colspan="2">85</td>
<td colspan="2">84</td>
<td colspan="2">82</td>
<td colspan="3">81</td>
<td colspan="3">79</td>
<td colspan="3">78</td>
<td colspan="3">76</td>
<td colspan="3">75</td>
<td colspan="3">74</td>
<td colspan="3">72</td>
<td colspan="3">71</td>
<td colspan="3">70</td>
<td colspan="3">68</td>
<td colspan="3">67</td>
</tr>
<tr class="odd">
<td colspan="2"><p><strong>n=12</strong></p>
<p><strong>to</strong></p>
<p><strong>n=14</strong></p></td>
<td colspan="2">100</td>
<td colspan="2">96</td>
<td colspan="2">93</td>
<td colspan="2">90</td>
<td colspan="3">88</td>
<td colspan="2">86</td>
<td colspan="2">84</td>
<td colspan="2">82</td>
<td colspan="2">81</td>
<td colspan="3">79</td>
<td colspan="3">78</td>
<td colspan="3">76</td>
<td colspan="3">75</td>
<td colspan="3">73</td>
<td colspan="3">72</td>
<td colspan="3">71</td>
<td colspan="3">69</td>
<td colspan="3">68</td>
<td colspan="3">67</td>
<td colspan="3">66</td>
</tr>
<tr class="even">
<td colspan="2"><p><strong>n=10</strong></p>
<p><strong>to</strong></p>
<p><strong>n=11</strong></p></td>
<td colspan="2">100</td>
<td colspan="2">95</td>
<td colspan="2">92</td>
<td colspan="2">89</td>
<td colspan="3">87</td>
<td colspan="2">85</td>
<td colspan="2">83</td>
<td colspan="2">81</td>
<td colspan="2">79</td>
<td colspan="3">78</td>
<td colspan="3">76</td>
<td colspan="3">75</td>
<td colspan="3">73</td>
<td colspan="3">72</td>
<td colspan="3">70</td>
<td colspan="3">69</td>
<td colspan="3">68</td>
<td colspan="3">66</td>
<td colspan="3">65</td>
<td colspan="3">64</td>
</tr>
<tr class="odd">
<td colspan="2"><strong>n=9</strong></td>
<td colspan="2">100</td>
<td colspan="2">97</td>
<td colspan="2">84</td>
<td colspan="2">91</td>
<td colspan="3">89</td>
<td colspan="2">84</td>
<td colspan="2">82</td>
<td colspan="2">80</td>
<td colspan="2">78</td>
<td colspan="3">76</td>
<td colspan="3">75</td>
<td colspan="3">73</td>
<td colspan="3">72</td>
<td colspan="3">70</td>
<td colspan="3">69</td>
<td colspan="3">67</td>
<td colspan="3">66</td>
<td colspan="3">65</td>
<td colspan="3">63</td>
<td colspan="3">62</td>
</tr>
<tr class="even">
<td colspan="2"><strong>n=8</strong></td>
<td colspan="2">100</td>
<td colspan="2">99</td>
<td colspan="2">96</td>
<td colspan="2">94</td>
<td colspan="3">92</td>
<td colspan="2">83</td>
<td colspan="2">81</td>
<td colspan="2">79</td>
<td colspan="2">77</td>
<td colspan="3">75</td>
<td colspan="3">74</td>
<td colspan="3">72</td>
<td colspan="3">71</td>
<td colspan="3">69</td>
<td colspan="3">68</td>
<td colspan="3">66</td>
<td colspan="3">65</td>
<td colspan="3">64</td>
<td colspan="3">62</td>
<td colspan="3">61</td>
</tr>
<tr class="odd">
<td colspan="2"><strong>n=7</strong></td>
<td colspan="2"></td>
<td colspan="2">100</td>
<td colspan="2">98</td>
<td colspan="2">97</td>
<td colspan="3">95</td>
<td colspan="2">82</td>
<td colspan="2">80</td>
<td colspan="2">78</td>
<td colspan="2">76</td>
<td colspan="3">74</td>
<td colspan="3">72</td>
<td colspan="3">71</td>
<td colspan="3">69</td>
<td colspan="3">68</td>
<td colspan="3">66</td>
<td colspan="3">65</td>
<td colspan="3">63</td>
<td colspan="3">62</td>
<td colspan="3">61</td>
<td colspan="3">59</td>
</tr>
<tr class="even">
<td colspan="2"><strong>n=6</strong></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2">100</td>
<td colspan="2">99</td>
<td colspan="3">98</td>
<td colspan="2">80</td>
<td colspan="2">78</td>
<td colspan="2">76</td>
<td colspan="2">74</td>
<td colspan="3">72</td>
<td colspan="3">71</td>
<td colspan="3">69</td>
<td colspan="3">67</td>
<td colspan="3">66</td>
<td colspan="3">64</td>
<td colspan="3">63</td>
<td colspan="3">62</td>
<td colspan="3">60</td>
<td colspan="3">59</td>
<td colspan="3">58</td>
</tr>
<tr class="odd">
<td colspan="2"><strong>n=5</strong></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="3">100</td>
<td colspan="2">78</td>
<td colspan="2">76</td>
<td colspan="2">74</td>
<td colspan="2">72</td>
<td colspan="3">70</td>
<td colspan="3">68</td>
<td colspan="3">67</td>
<td colspan="3">65</td>
<td colspan="3">63</td>
<td colspan="3">62</td>
<td colspan="3">61</td>
<td colspan="3">59</td>
<td colspan="3">58</td>
<td colspan="3">57</td>
<td colspan="3">55</td>
</tr>
<tr class="even">
<td colspan="2"><strong>n=4</strong></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="3">100</td>
<td colspan="2">75</td>
<td colspan="2">72</td>
<td colspan="2">70</td>
<td colspan="2">68</td>
<td colspan="3">67</td>
<td colspan="3">65</td>
<td colspan="3">63</td>
<td colspan="3">62</td>
<td colspan="3">60</td>
<td colspan="3">59</td>
<td colspan="3">57</td>
<td colspan="3">56</td>
<td colspan="3">55</td>
<td colspan="3">53</td>
<td colspan="3">52</td>
</tr>
<tr class="odd">
<td colspan="2"><strong>n=3</strong></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="3">100</td>
<td colspan="2">69</td>
<td colspan="2">66</td>
<td colspan="2">64</td>
<td colspan="2">63</td>
<td colspan="3">61</td>
<td colspan="3">59</td>
<td colspan="3">58</td>
<td colspan="3">57</td>
<td colspan="3">55</td>
<td colspan="3">54</td>
<td colspan="3">53</td>
<td colspan="3">51</td>
<td colspan="3">50</td>
<td colspan="3">49</td>
<td colspan="3">48</td>
</tr>
<tr class="even">
<td rowspan="2"><strong>PAY FACTOR</strong></td>
<td rowspan="2"><strong>Category</strong></td>
<td colspan="2"><strong>II</strong></td>
<td colspan="9"></td>
<td colspan="11"></td>
<td colspan="3">1.00</td>
<td colspan="3">0.99</td>
<td colspan="3">0.98</td>
<td colspan="3">0.97</td>
<td colspan="3">0.96</td>
<td colspan="3">0.95</td>
<td colspan="3">0.94</td>
<td colspan="3">0.93</td>
<td colspan="3">0.92</td>
<td colspan="3">0.91</td>
<td colspan="3"></td>
<td colspan="3"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>I</strong></td>
<td colspan="2">1.05</td>
<td colspan="2">1.04</td>
<td colspan="2">1.03</td>
<td colspan="2">1.02</td>
<td colspan="3">1.01</td>
<td colspan="2">1.00</td>
<td colspan="2">0.99</td>
<td colspan="2">0.98</td>
<td colspan="2">0.97</td>
<td colspan="3">0.96</td>
<td colspan="3">0.95</td>
<td colspan="3">0.94</td>
<td colspan="3">0.93</td>
<td colspan="3">0.92</td>
<td colspan="3">0.91</td>
<td colspan="3">0.90</td>
<td colspan="3">0.89</td>
<td colspan="3">0.88</td>
<td colspan="3">0.87</td>
<td colspan="3">0.86</td>
<td colspan="3"></td>
<td colspan="2"></td>
</tr>
</tbody>
</table>

<table style="width:100%;">
<colgroup>
<col style="width: 6%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 5%" />
<col style="width: 5%" />
</colgroup>
<tbody>
<tr class="odd">
<td rowspan="17">Table 106-2 Pay Factors (continued)</td>
<td rowspan="15"><strong>Minimum Required Percent of Work Within
Specification Limits for a Given Pay Factor (P<sub>U</sub> +
P<sub>L</sub>) - 100</strong></td>
<td colspan="2"><p><strong>n=67</strong></p>
<p><strong>to</strong></p>
<p><strong>∞</strong></p></td>
<td>75</td>
<td>73</td>
<td>72</td>
<td>71</td>
<td>70</td>
<td>69</td>
<td>68</td>
<td>67</td>
<td>66</td>
<td>65</td>
<td>64</td>
<td>63</td>
<td>62</td>
<td>61</td>
<td>60</td>
<td>59</td>
<td rowspan="16">Values Less Than Those Shown Above</td>
<td rowspan="17"><strong>Note:</strong> If the value of (P<sub>U</sub> +
P<sub>L</sub>) – 100 does not correspond to a (P<sub>U</sub> +
P<sub>L</sub>) – 100 value in this table, use the next smaller
(P<sub>U</sub> + P<sub>L</sub>) – 100 value.</td>
</tr>
<tr class="even">
<td colspan="2"><p><strong>n=43</strong></p>
<p><strong>to</strong></p>
<p><strong>n=66</strong></p></td>
<td>72</td>
<td>71</td>
<td>70</td>
<td>69</td>
<td>68</td>
<td>67</td>
<td>66</td>
<td>65</td>
<td>64</td>
<td>63</td>
<td>62</td>
<td>60</td>
<td>59</td>
<td>58</td>
<td>57</td>
<td>56</td>
</tr>
<tr class="odd">
<td colspan="2"><p><strong>n=30</strong></p>
<p><strong>to</strong></p>
<p><strong>n=42</strong></p></td>
<td>71</td>
<td>70</td>
<td>69</td>
<td>67</td>
<td>66</td>
<td>65</td>
<td>64</td>
<td>63</td>
<td>62</td>
<td>61</td>
<td>60</td>
<td>59</td>
<td>57</td>
<td>56</td>
<td>55</td>
<td>54</td>
</tr>
<tr class="even">
<td colspan="2"><p><strong>n=23</strong></p>
<p><strong>to</strong></p>
<p><strong>n=29</strong></p></td>
<td>69</td>
<td>68</td>
<td>67</td>
<td>66</td>
<td>64</td>
<td>63</td>
<td>62</td>
<td>61</td>
<td>60</td>
<td>59</td>
<td>58</td>
<td>57</td>
<td>56</td>
<td>55</td>
<td>53</td>
<td>52</td>
</tr>
<tr class="odd">
<td colspan="2"><p><strong>n=18</strong></p>
<p><strong>to</strong></p>
<p><strong>n=22</strong></p></td>
<td>67</td>
<td>66</td>
<td>65</td>
<td>64</td>
<td>63</td>
<td>62</td>
<td>61</td>
<td>59</td>
<td>58</td>
<td>57</td>
<td>56</td>
<td>55</td>
<td>54</td>
<td>53</td>
<td>52</td>
<td>51</td>
</tr>
<tr class="even">
<td colspan="2"><p><strong>n=15</strong></p>
<p><strong>to</strong></p>
<p><strong>n=17</strong></p></td>
<td>66</td>
<td>65</td>
<td>64</td>
<td>62</td>
<td>61</td>
<td>60</td>
<td>59</td>
<td>58</td>
<td>57</td>
<td>56</td>
<td>54</td>
<td>53</td>
<td>52</td>
<td>51</td>
<td>50</td>
<td>49</td>
</tr>
<tr class="odd">
<td colspan="2"><p><strong>n=12</strong></p>
<p><strong>to</strong></p>
<p><strong>n=14</strong></p></td>
<td>64</td>
<td>63</td>
<td>62</td>
<td>61</td>
<td>59</td>
<td>58</td>
<td>57</td>
<td>56</td>
<td>55</td>
<td>54</td>
<td>53</td>
<td>52</td>
<td>50</td>
<td>49</td>
<td>48</td>
<td>47</td>
</tr>
<tr class="even">
<td colspan="2"><p><strong>n=10</strong></p>
<p><strong>to</strong></p>
<p><strong>n=11</strong></p></td>
<td>62</td>
<td>61</td>
<td>60</td>
<td>59</td>
<td>58</td>
<td>56</td>
<td>55</td>
<td>54</td>
<td>53</td>
<td>52</td>
<td>51</td>
<td>49</td>
<td>48</td>
<td>47</td>
<td>46</td>
<td>45</td>
</tr>
<tr class="odd">
<td colspan="2"><strong>n=9</strong></td>
<td>61</td>
<td>60</td>
<td>58</td>
<td>57</td>
<td>56</td>
<td>55</td>
<td>54</td>
<td>52</td>
<td>51</td>
<td>50</td>
<td>49</td>
<td>48</td>
<td>47</td>
<td>46</td>
<td>45</td>
<td>43</td>
</tr>
<tr class="even">
<td colspan="2"><strong>n=8</strong></td>
<td>60</td>
<td>58</td>
<td>57</td>
<td>56</td>
<td>55</td>
<td>54</td>
<td>52</td>
<td>51</td>
<td>50</td>
<td>49</td>
<td>48</td>
<td>47</td>
<td>45</td>
<td>44</td>
<td>43</td>
<td>42</td>
</tr>
<tr class="odd">
<td colspan="2"><strong>n=7</strong></td>
<td>58</td>
<td>57</td>
<td>56</td>
<td>54</td>
<td>53</td>
<td>52</td>
<td>51</td>
<td>50</td>
<td>48</td>
<td>47</td>
<td>46</td>
<td>45</td>
<td>44</td>
<td>43</td>
<td>42</td>
<td>40</td>
</tr>
<tr class="even">
<td colspan="2"><strong>n=6</strong></td>
<td>56</td>
<td>55</td>
<td>54</td>
<td>53</td>
<td>51</td>
<td>50</td>
<td>49</td>
<td>48</td>
<td>46</td>
<td>45</td>
<td>44</td>
<td>43</td>
<td>42</td>
<td>41</td>
<td>39</td>
<td>38</td>
</tr>
<tr class="odd">
<td colspan="2"><strong>n=5</strong></td>
<td>54</td>
<td>53</td>
<td>51</td>
<td>50</td>
<td>49</td>
<td>48</td>
<td>46</td>
<td>45</td>
<td>44</td>
<td>43</td>
<td>42</td>
<td>40</td>
<td>39</td>
<td>38</td>
<td>37</td>
<td>36</td>
</tr>
<tr class="even">
<td colspan="2"><strong>n=4</strong></td>
<td>51</td>
<td>49</td>
<td>48</td>
<td>47</td>
<td>46</td>
<td>44</td>
<td>43</td>
<td>42</td>
<td>41</td>
<td>39</td>
<td>38</td>
<td>37</td>
<td>36</td>
<td>34</td>
<td>33</td>
<td>32</td>
</tr>
<tr class="odd">
<td colspan="2"><strong>n=3</strong></td>
<td>46</td>
<td>45</td>
<td>44</td>
<td>43</td>
<td>41</td>
<td>40</td>
<td>39</td>
<td>38</td>
<td>36</td>
<td>35</td>
<td>33</td>
<td>32</td>
<td>30</td>
<td>28</td>
<td>27</td>
<td>35</td>
</tr>
<tr class="even">
<td rowspan="2"><strong>PAY FACTOR</strong></td>
<td rowspan="2"><strong>Category</strong></td>
<td><strong>II</strong></td>
<td>0.90</td>
<td>0.89</td>
<td>0.88</td>
<td>0.87</td>
<td>0.86</td>
<td>0.85</td>
<td>0.84</td>
<td>0.83</td>
<td>0.82</td>
<td>0.81</td>
<td>0.80</td>
<td>0.79</td>
<td>0.78</td>
<td>0.77</td>
<td>0.76</td>
<td>0.75</td>
</tr>
<tr class="odd">
<td><strong>I</strong></td>
<td>0.85</td>
<td>0.84</td>
<td>0.83</td>
<td>0.82</td>
<td>0.81</td>
<td>0.80</td>
<td>0.79</td>
<td>0.78</td>
<td>0.77</td>
<td>0.76</td>
<td>0.75</td>
<td colspan="6"><strong>REJECT</strong></td>
</tr>
</tbody>
</table>

*(b)* When any Category II quality characteristic is less than 1.00, the
lot payment is based on the lowest single pay factor for any Category I
or II quality characteristic.

**(4)** When all quality characteristics for a lot are Category II, the
lot pay factor is based on the lowest single pay factor for any Category
II quality characteristic. The maximum obtainable pay factor is 1.00.

**(5)** Adjusted payment for material in a lot will be made at a price
determined by multiplying the contract unit bid price by the lot pay
factor as determined above, or as described in the Payment Subsection of
the Section ordering the work.

**106.06 Inspection at the Plant.** Work may be inspected at the point
of production or fabrication. Manufacturing plants may be inspected for
compliance with specified manufacturing methods. Material samples may be
obtained for laboratory testing for compliance with quality
requirements. Allow full entry at all times to the parts of the plant
producing the work.

**106.07 Partial and Final Acceptance.** Maintain the work during
construction and until the project is accepted. Damage caused by the
Contractor prior to final acceptance of the entire project will be
repaired at the Contractor's expense. See FAR Clause 52.236-11 Use and
Possession Prior to Completion.

**(a) Partial acceptance.** When a separate portion of the project is
completed, a final inspection of that portion may be requested. If the
portion is complete and in compliance with the contract, it may be
accepted. If accepted, the CO will relieve the Contractor of further
responsibility for maintenance of the completed portion. Partial
acceptance does not void or alter any of the terms of the contract.

When public traffic is accommodated through construction and begins
using sections of roadway as they are completed, continue maintenance of
such sections until final acceptance.

**(b) Final acceptance.** When notified that the entire project is
complete, an inspection will be scheduled. If all work is determined to
be complete, the inspection will constitute the final inspection and the
Contractor will be notified in writing of final acceptance as of the
date of the final inspection. Final acceptance relieves the Contractor
of further responsibility for the maintenance of the project.

If the inspection discloses any unsatisfactory work, the CO will provide
to the Contractor a list of the work that is incomplete or requires
correction. Immediately complete or correct the work. Furnish
notification when the work has been completed as provided above.

## Section 107. --- LEGAL RELATIONS

## AND RESPONSIBILITY TO THE PUBLIC

**107.01 Laws to be Observed.** Follow the requirements of FAR Clause
52.236-7 Permits and Responsibilities.

Comply with all applicable laws, ordinances, safety codes, regulations,
orders, and decrees. Protect and indemnify the Government and its
representatives against any claim or liability arising from or based on
the alleged violation of the same.

Comply with all permits and agreements obtained by the Government for
performing the work that is included in the contract. Obtain all
additional permits or agreements and modifications to
Government-obtained permits or agreements that are required by the
Contractor\'s methods of operation. Furnish copies of all permits and
agreements.

**107.02 Protection and Restoration of Property and Landscape.** Follow
the requirements of FAR Clause 52.236-9 Protection of Existing
Vegetation, Structures, Equipment, Utilities, and Improvements.

Preserve public and private property, and protect monuments established
for the purpose of perpetuating horizontal, vertical, cadastral, or
boundary control. When necessary to destroy a monument, reestablish the
monument according to applicable state statute or by the direction of
the agency or individual who established the monument.

Do not disturb the area beyond the construction limits. Replace trees,
shrubs, or vegetated areas damaged by construction operations as
directed and at no cost to the Government. Remove any damaged limbs of
existing trees by an approved arborist.

Do not excavate, remove, damage, alter, or deface any archeological or
paleontological remains or specimens. Control the actions of employees
and subcontractors on the project to ensure that protected sites are not
disturbed or damaged. Should any of these items be encountered, suspend
operations at the discovery site, notify the CO, and continue operations
in other areas. The CO will inform the Contractor when operations may
resume at the discovery site.

When utilities are to be relocated or adjusted, the Government will
notify all utility owners affected by the relocations or adjustments.
The relocations or adjustments will be performed by others or will be
included in the contract work.

Before beginning work in an area, the Contractor shall have all utility
owners locate their utilities. Protect utilities from construction
operations. Cooperate with utility owners to expedite the relocation or
adjustment of their utilities to minimize interruption of service and
duplication of work.

If utility services are interrupted as a result of damage by the
construction, immediately notify the utility owner, the CO, and other
proper authorities. Cooperate with them until service is restored. Do
not work around fire hydrants until provisions for continued service are
made and approved by the local fire authority.

If utility adjustment work, not included in the contract, is required,
compensation for the work will be provided under applicable clauses of
the contract. Satisfactorily repair damage due to the fault or
negligence of the Contractor at no cost to the Government.

Repair of damage to underground utilities that were not shown on the
plans or identified before construction, and not caused by the fault or
negligence of the Contractor, will be paid for by the Government.

**107.03 Bulletin Board.** Furnish a weatherproof bulletin board of
suitable size and construction for continuous display of posters and
other information required by the contract. Erect and maintain the
bulletin board at a conspicuously accessible location on the project and
remove and dispose of it after project final acceptance.

Display each of the following documents on the bulletin board:

**(a)** \"Equal Opportunity\" poster, according to FAR Clause 52.222-26
Equal Opportunity;

**(b)** \"Notice\" that the project is subject to Title 18, U.S.
Criminal Code, Section 1020, FHWA Form 1022;

**(c)** \"Notice to Employees\" poster, WH-1321, regarding proper pay;

**(d)** \"Right to Safe and Healthful Workplace\" poster, according to
Title 29, Code of Federal Regulations, Part 1903;

**(e)** \"General Wage Decision\" contained in the contract; and

**(f)** Company equal employment opportunity policy.

**107.04 Railroad Protection.** The Government will obtain the necessary
permits and agreements from the railroad for specified contract work for
relocating railroads or for work at railroad crossings. Make
arrangements for all other work that, due to the method of operation,
may also impact the railroad. Furnish copies of all permits and
agreements.

Conduct the work covered by the railroad permit or agreement in a manner
satisfactory to the railroad. Do not interfere with railroad operations.
If the construction damages railroad property, reimburse the railroad
for all damages, or at the railroad\'s option, repair the damage at no
cost to the Government.

Do not cross railroad tracks, with vehicles or equipment, except at
existing and open public grade crossings or railroad approved temporary
grade crossings. If there is a need for a temporary grade crossing, make
the necessary arrangements with the railroad for its construction,
protection, and removal. Reimburse the railroad for all temporary grade
crossing work or, at the railroad\'s option, perform the work.

The requirements of the railroad are as follows:

**(a)** Indemnify and hold harmless the railroad according to Subsection
107.05. Carry insurance meeting the following minimums:

**(1)** Worker\'s compensation insurance. Minimum required by law.

**(2)** Bodily injury liability insurance. \$2,000,000 each occurrence.

**(3)** Property damage liability insurance. \$2,000,000 aggregate
coverage.

**(4)** Railroad protective public liability and property damage
liability insurance. \$2,000,000 each occurrence. \$6,000,000 aggregate
coverage.

**(b)** Notify the railroad in writing not less than 1 week before
beginning construction within the railroad right-of-way. Secure
permission from the railroad before performing work within the railroad
right-of-way. Confer with the railroad concerning clearance
requirements, operations, and safety regulations.

**(c)** Reimburse the railroad for all flaggers and watchers provided by
the railroad because of the work. The railroad generally requires 2
watchers or flaggers during construction operations that interfere with
the railroad\'s tracks or traffic, that violate the railroad\'s
operating clearances, or that involve a reasonable probability of
accidental hazard to railroad traffic.

Flaggers are also furnished whenever, in the railroad\'s opinion, such
protection is needed. Notify the railroad 36 hours in advance of
required protective services.

**(d)** Railroad employees are paid the prevailing railroad hourly rate
for regularly assigned 8-hour days for the work classification and
overtime according to labor agreements and schedules in effect when the
work is performed.

**(e)** Wage rates are subject to change by law or agreement between the
railroad and employees and may be retroactive. If the wage rates change,
reimburse the railroad based on the new rates.

**(f)** Reimburse the railroad monthly for the cost of all services
performed by the railroad. Furnish satisfactory evidence that the
railroad has received full reimbursement before final acceptance.

**(g)** Do not store any material, supplies, or equipment closer than 5
meters from the centerline of any railroad track.

**(h)** Upon completion of the work, remove all equipment and surplus
material, and leave the railroad right-of-way in a neat condition
satisfactory to the railroad.

**107.05 Responsibility for Damage Claims.** Indemnify and hold harmless
the Government, its employees, and its consultants from suits; actions;
or claims brought for injuries or damage received or sustained by any
person, persons, or property resulting from the construction operations
or arising out of the negligent performance of the contract.

Procure and maintain until final acceptance of the contract, liability
insurance of the types and limits specified below. Obtain insurance from
companies authorized to do business in the appropriate state. The
insurance shall cover all operations under the contract whether
performed by the Contractor or by subcontractors.

Before work begins, furnish *\"certificates of insurance\"* certifying
that the policies will not be changed or canceled until 30 days written
notice has been given to the Government. Insurance coverage in the
minimum amounts set forth below shall not relieve the Contractor of
liability in excess of the coverage.

Carry insurance meeting the following minimums:

**(a)** Worker\'s compensation insurance. Minimum required by law.

**(b)** Comprehensive or commercial general liability insurance.

**(1)** Personal injury and property damage coverage;

**(2)** Contractual liability coverage;

**(3)** Completed operations liability coverage;

**(4)** \$1,000,000 combined single limit for each occurrence; and

**(5)** \$2,000,000 general aggregate limit.

**(c) Automobile liability insurance.** \$1,000,000 combined single
limit for each occurrence.

**107.06 Contractor\'s Responsibility for Work.** Assume responsibility
for all work until final acceptance except as provided in Subsection
106.07. This includes periods of suspended work. Protect the work
against injury, loss, or damage from all causes whether arising from the
execution or nonexecution of the work.

Maintain public traffic according to Section 156. Rebuild, repair,
restore, and make good all losses, injuries, or damages to any portion
of the work. This includes losses, injuries, or damages caused by
vandalism, theft, accommodation of public traffic, and weather that
occurs during the contract.

The Government will only be responsible for losses, injuries, and
damages to work put in place that was caused by declared enemies and
terrorists of the Government and cataclysmic natural phenomenon such as
tornadoes, earthquakes, major floods, and other officially declared
natural disasters. The Government will only be responsible for costs
attributable to repairing or replacing damaged work. The Government will
not be responsible for delay costs, impact costs, or extended overhead
costs.

**107.07 Furnishing Right-of-Way.** The Government will obtain all
right-of-way.

**107.08 Sanitation, Health, and Safety.** Follow the requirements of
FAR Clause 52.236-13 Accident Prevention.

Observe rules and regulations of Federal, State, and local health
officials. Do not permit any worker to work in surroundings or under
conditions that are unsanitary, hazardous, or dangerous.

Admit any OSHA inspector or other legally responsible official involved
in safety and health administration to the project work site upon
presentation of proper credentials.

Report accidents on forms furnished by the Government or, with prior
approval, on forms used to report accidents to other agencies or
insurance carriers. Maintain a *\"Log of Work Related Injuries and
Illnesses,\"* OSHA Form 300, and make it available for inspection.

Install a reverse signal alarm audible above the surrounding noise level
on all motorized vehicles having an obstructed view and on all
earth-moving and compaction equipment.

**107.09** **Legal Relationship of the Parties.** In the performance of
the contract, the Contractor is an independent contractor and neither
the Contractor nor anyone used or employed by the Contractor shall be an
agent, employee, servant, or representative of the Government. The
Contractor\'s independent contractor status does not limit the
Government\'s general rights under the contract.

**107.10 Environmental Protection.** Do not operate mechanized equipment
or discharge or otherwise place any material within the wetted perimeter
of any waters of the U.S. within the scope of the Clean Water Act (33
USC § 1251 et seq.). This includes wetlands unless authorized by a
permit issued by the U.S. Army Corps of Engineers according to 33 USC
§ 1344, and, if required, by any State agency having jurisdiction over
the discharge of material into the waters of the U.S. In the event of an
unauthorized discharge:

**(a)** Immediately prevent further contamination;

**(b)** Immediately notify appropriate authorities; and

**(c)** Mitigate damages as required.

Comply with the terms and conditions of any permits that are issued for
the performance of work within the wetted perimeter of the waters of the
U.S.

Separate work areas, including material sources, by the use of a dike or
other suitable barrier that prevents sediment, petroleum products,
chemicals, or other liquid or solid material from entering the waters of
the U.S. Use care in constructing and removing the barriers to avoid any
discharge of material into, or the siltation of, the water. Remove and
properly dispose of the sediment or other material collected by the
barrier.

Repair leaks on equipment immediately. Do not use equipment that is
leaking. Keep a supply of acceptable absorbent materials at the job site
in the event of spills. Acceptable absorbent materials are those that
are manufactured specifically for the containment and clean up of
hazardous materials.

**107.11 Protection of Forests, Parks, and Public Lands.** Comply with
all regulations of the State fire marshal, conservation commission,
Forest Service, National Park Service, Bureau of Land Management, Fish &
Wildlife Service, Bureau of Indian Affairs, or other authority having
jurisdiction governing the protection of land including or adjacent to
the project.

## Section 108. --- PROSECUTION AND PROGRESS

**108.01 Commencement, Prosecution, and Completion of Work.** Follow the
requirements of FAR Clause 52.211-10 Commencement, Prosecution, and
Completion of Work.

A preconstruction conference will be held after the contract is awarded
and before beginning work. Seven days before the preconstruction
conference, furnish three copies of the preliminary construction
schedule according to Section 155.

**108.02 Subcontracting.** Follow the requirements of FAR Clauses
52.219-14 Limitations on Subcontracting, 52.222-11 -- Subcontracts
(Labor Standards), and 52.236‑1 Performance of Work by the Contractor.

Subcontracting does not relieve the Contractor of liability and
responsibility under the contract and does not create any contractual
relation between subcontractors and the Government. The Contractor is
liable and responsible for any action or lack of action of
subcontractors.

Within 14 days of subcontract award, submit an SF 1413 with Part I
completed. Complete other forms that may be provided by the Government
to clearly show the work subcontracted and the total dollar amount of
the subcontract. For subcontracts involving on-site labor, require the
subcontractor to complete Part II of the SF 1413 and complete other
forms that may be provided by the Government. Submit a separate
statement documenting the cumulative amount of all on-site subcontracts
to date as a percentage of the original contract amount. Furnish this
information on all subcontracts at lower tiers.

In FAR Clauses 52.219-8 Utilization of Small Business Concerns and
52.232-27 Prompt Payment for Construction Contracts, the subcontracts
include both on-site and off-site work and supply contracts. In FAR
Clause 52.219-14 Limitations on Subcontracting or in FAR Clause 52.236-1
Performance of Work by the Contractor, the percentage of work performed
on-site by the Contractor will be computed as 100 percent less the
combined initial dollar amount of all subcontracts involving on-site
labor as a percent of the original dollar amount of the contract.

**108.03 Determination and Extension of Contract Time.** Follow the
requirements of FAR Clause 52.211-10 Commencement, Prosecution, and
Completion of Work.

Only delays or modifications that affect critical activities or cause
noncritical activities to become critical will be considered for time
extensions.

When Critical Path Method schedules are used, no time extension will be
made for delays or modifications that use available float time as shown
in the current construction schedule required by Section 155.

Time will not be extended for a claim that states insufficient time was
provided in the contract.

When requesting a time extension, follow the applicable contract
clauses. Make the request in writing and include the following:

**(a)** Contract clause(s) under which the request is being made.

**(b)** Detailed narrative description of the reasons for the requested
contract time adjustment including the following:

**(1)** Cause of the impact affecting time;

**(2)** Start date of the impact;

**(3)** Duration of the impact;

**(4)** Activities affected; and

**(5)** Methods to be employed to mitigate the impact.

**(c)** Suggested new completion date or number of days supported by
current and revised construction schedules according to Section 155.

**108.04 Failure to Complete Work on Time.** Follow the requirements of
FAR Clause 52.211-12 Liquidated Damages --- Construction.

Liquidated damages in the amount specified in Table 108-1 will be
assessed for each day beyond the time allowed to complete the contract
until substantial completion of the work.

If a winter shutdown occurs during this period, liquidated damages in an
amount equal to 10 percent of the amount specified in Table 108-1 will
be assessed for each day until work resumes at which time full
liquidated damages will be assessed.

Liquidated damages in an amount equal to 20 percent of the amount
specified in Table 108-1 will be assessed for each day beyond the time
allowed to complete the contract beginning with the day after
substantial completion and ending with the date of final completion and
acceptance.

Liquidated damages will not be assessed for the following:

**(a)** The day of the final inspection;

**(b)** Days required to perform work added to the contract after
substantial completion including items identified during the final
inspection that were not required before that time; or

**(c)** Delays by the Government after all work is complete and before a
formal acceptance is executed.

**(d)** Periods of time when all work is complete but acceptance is
delayed pending the plant establishment period or similar warranty
period.

Table 108-1

Charge for Liquidated Damages for Each Day

Work Is Not Substantially Completed

+---------------------------+-------------------------+----------------+
| **Original Contract       |                         | **Daily        |
| Price**                   |                         | Charge**       |
+---------------------------+-------------------------+----------------+
| **From More**             | **To and**              |                |
|                           |                         |                |
| **Than ---**              | **Including ---**       |                |
+---------------------------+-------------------------+----------------+
| \$ 0                      | \$ 1,000,000            | \$ 500         |
+---------------------------+-------------------------+----------------+
| 1,000,000                 | 2,000,000               | 1,100          |
+---------------------------+-------------------------+----------------+
| 2,000,000                 | 5,000,000               | 2,200          |
+---------------------------+-------------------------+----------------+
| 5,000,000                 | 10,000,000              | 2,700          |
+---------------------------+-------------------------+----------------+
| 10,000,000                | and more                | 3,300          |
+---------------------------+-------------------------+----------------+

**108.05 Stop Order.** The CO may order the performance of the work to
be stopped, either in whole or in part, for such periods deemed
necessary due to the following:

**(a)** Weather or soil conditions considered unsuitable for prosecution
of the work; or

**(b)** Failure of the Contractor to:

**(1)** Correct conditions unsafe for the workers or the general public;

**(2)** Carry out written orders given by the CO; or

**(3)** Perform any provision of the contract.

No adjustment in contract time or amount will be made for stop orders
issued under (a) or (b) above except an adjustment in contract time, as
provided by FAR Clause 52.249-10 Default (Fixed-Price Construction), may
be made when the Contractor is able to demonstrate that the weather was
unusually severe based on the most recent 10 years of historical data.

## Section 109. --- MEASUREMENT AND PAYMENT

**109.01 Measurement of Work.** Take and record measurements and perform
calculations to determine pay quantities for invoicing for work
performed. Take or convert all measurements of work according to the
International System of Units, (SI), IEEE/ASTM SI 10.

Unless otherwise specified, measure when the work is in place, complete,
and accepted. Measure the actual work performed, except do not measure
work outside the design limits or other adjusted or specified limits
(staked limits). Measure structures to the lines shown on the plans or
to approved lines adjusted to fit field conditions.

Take measurements as described in Subsection 109.02 unless otherwise
modified by the Measurement Subsection of the Section controlling the
work being performed.

Remeasure quantities if it has been determined that any portion of the
work is acceptable but has not been completed to the lines, grades, and
dimensions shown on the plans or established by the CO.

Submit measurement notes to the CO within 24 hours of completing the
work. For on-going work, submit measurement notes weekly. When work is
not complete, identify the measurement as being an interim measurement.
Submit the final measurement when the installation is completed.
Measurement notes form the basis of the Government's receiving report
(see Subsection 109.08(d)). For lump sum items, submit documentation to
support invoiced progress payment on a monthly basis.

Use an acceptable format for measurement records. As a minimum, include
the following information in all records of measurement:

**(a)** Project name and number;

**(b)** Contract item number;

**(c)** Date the work was performed;

**(d)** Location of the work;

**(e)** Measured quantity;

**(f)** Calculations made to arrive at the quantity;

**(g)** Supporting sketch and details as needed to clearly define the
work performed and the quantity measured;

**(h)** Names of persons measuring the work;

**(i)** Identification as to whether the measurement is interim or
final; and

**(j)** Signed certification statement by the persons taking the
measurements, performing the calculations, and submitting them for
payment that the measurement and calculations are correct to the best of
their knowledge and that the quantity being measured is subject to
direct payment for the identified item under the contract.

**109.02 Measurement Terms and Definitions.** Unless otherwise
specified, the following terms are defined as follows:

**(a) Contract quantity.** The quantity to be paid is the quantity shown
in the bid schedule. The contract quantity will be adjusted for
authorized changes that affect the quantity or for errors made in
computing this quantity. If there is evidence that a quantity specified
as a contract quantity is incorrect, submit calculations, drawings, or
other evidence indicating why the quantity is in error and request, in
writing, that the quantity be adjusted.

**(b) Cubic meter (m^3^).**

**(1) Cubic meter in place.** Measure solid volumes by a method approved
by the CO or by the average end area method as follows:

*(a)* Take cross-sections of the original ground and use with design or
staked templates or take other comparable measurements to determine the
end areas. Do not measure work outside of the established lines or
slopes.

*(b)* If any portion of the work is acceptable but is not completed to
the established lines and slopes, retake cross-sections or comparable
measurements of that portion of the work. Deduct any quantity outside
the designated or staked limits. Use these measurements to calculate new
end areas.

*(c)* Compute the quantity using the average end areas multiplied by the
horizontal distance along a centerline or reference line between the end
areas. Deduct any quantity outside the designed or staked limits.

**(2)** **Cubic meter in the hauling vehicle.** Measure the cubic meter
volume in the hauling vehicle using three-dimensional measurements at
the point of delivery. Use vehicles bearing a legible identification
mark with the body shaped so the actual contents may be readily and
accurately determined. Before use, mutually agree in writing on the
volume of material to be hauled by each vehicle. Vehicles carrying less
than the agreed volume may be rejected or accepted at the reduced
volume.

Level selected loads. If leveling reveals the vehicle was hauling less
than the approved volume, reduce the quantity of all material received
since the last leveled load by the same ratio as the current leveled
load volume is to the agreed volume. Payment will not be made for
material in excess of the agreed volume.

Material measured in the hauling vehicle may be weighed and converted to
cubic meters for payment purposes if the conversion factors are mutually
agreed to in writing.

**(3)** **Cubic meter in the structure.** Measure according to the lines
of the structure as shown on the plans except as altered by the CO to
fit field conditions. Make no deduction for the volume occupied by
reinforcing steel, anchors, weep holes, piling, or pipes less than 200
millimeters in diameter.

**(4)** **Cubic meter by metering.** Use an approved metering system.

**(c) Each.** One entire unit. The quantity is the actual number of
units completed and accepted.

**(d) Hectare (ha).** 10,000 square meters. Make longitudinal and
transverse measurements for area computations horizontally unless
specified on the ground surface. Do not make deductions from the area
computation for individual fixtures having an area of 50 square meters
or less.

**(e) Hour.** Measure the actual number of hours ordered by the CO and
performed by the Contractor.

**(f) Kilogram (kg).** 1000 grams. Measure according to Subsection
109.03. If sacked or packaged material is furnished, the net mass as
packed by the manufacturer may be used.

**(g) Kilometer (km).** 1000 meters. Measure horizontally along
centerline or reference line of each roadway, approach road, or ramp.

**(h) Liter (L).** The quantity may be measured by any of the following
methods:

**(1)** Measured volume container.

**(2)** Metered volume. Use an approved metering system.

**(3)** Commercially-packaged volumes.

When asphalt material is measured by the liter, measure the volume at 15
ºC or correct the volume to 15 ºC using recognized standard correction
factors.

**(i) Lump sum.** Do not measure directly. The bid amount is complete
payment for all work described in the contract and necessary to complete
the work for that item. The quantity is designated as *\"All.\"*
Estimated quantities of lump sum work shown in the contract are
approximate.

**(j) Meter.** As applicable, measure the work along its length from
end-to-end; parallel to the base or foundation; along the top; along the
front face; or along the invert. Do not measure overlaps.

**(k) Metric ton (t).** 1000 kilograms. Measure according to Subsection
109.03.

No adjustment in a contract unit price will be made for variations in
quantity due to differences in the specific gravity or moisture content.

Use net-certified scale masses, or masses based on certified volumes in
the case of rail shipments as a basis of measurement subject to
correction when asphalt material is lost from the car or the
distributor, wasted, or otherwise not incorporated in the work. When
asphalt material is shipped by truck or transport, net-certified masses,
subject to correction for loss or foaming, may be used for computing
quantities.

When emulsified asphalt is converted from volume to mass, use a factor
of 1000 liters per metric ton regardless of temperature.

When asphalt binder for asphalt concrete pavement is stored in tanks
devoted exclusively to the project, base quantities on invoices. When
asphalt binder for asphalt concrete pavement is not stored in tanks
devoted exclusively to the project, or when the validity of the quantity
requested for payment is in question, base quantities on the asphalt
content determined by testing.

**(l) Square meter (m^2^).** Measure on a plane parallel to the surface
being measured. Make no deductions from the area computation for
individual fixtures having an area of 1 square meter or less. Do not
measure overlaps.

**109.03 Weighing Procedures and Devices.** Batch masses may be
acceptable for determination of pay quantities when an approved
automatic weighing, cycling, and monitoring system is included as part
of the batching equipment.

When a weighing device is determined to indicate less than true mass, no
additional payment will be made for material previously weighed and
recorded. When a weighing device is determined to indicate more than
true mass, all material received after the last previously correct
weighing accuracy test will be reduced by the percentage of error in
excess of 0.5 percent.

When material is proportioned or measured and paid for by mass, provide
one of the following:

**(a) Commercial weighing system.** Use permanently-installed and
certified commercial scales.

**(b) Invoices.** If bulk material is shipped by truck or rail and is
not passed through a mixing plant, furnish a supplier\'s invoice with
net mass or volume converted to mass. Periodic check weighing may be
required.

**(c) Project weighing system.** Furnish, erect, and maintain acceptable
automatic digital scales. Provide scales that record mass at least to
the nearest 50 kilograms. Maintain the scale accuracy to within 0.5
percent of the correct mass throughout the range of use.

Do not use spring balances.

Install and maintain platform scales with the platform level with rigid
bulkheads at each end. Make the platform of sufficient length to permit
simultaneous weighing of all axle loads of the hauling vehicle. Coupled
vehicles may be weighed separately or together according to Section 2.20
paragraph UR 3.3 of *NIST Handbook 44*.

Install and maintain belt‑conveyor scales according to Section 2.21 of
*NIST Handbook 44*.

Before production on the project, after relocation, and at least once
per year, have the weighing portion of the system checked and certified
by the State Bureau of Weights and Measures or a private scale service
certified by the Bureau of Weights and Measures. Seal the system to
prevent tampering or other adjustment after certification.

Attach an automatic printer to the scale that is programmed or otherwise
equipped to prevent manual override of all mass information. For weighed
pay quantities, program the printer to provide the following information
for each weighing:

**(1)** Project number;

**(2)** Item number and description;

**(3)** Date;

**(4)** Time;

**(5)** Ticket number;

**(6)** Haul unit number;

**(7)** Net mass in load at least to the nearest 50 kilograms;

**(8)** Subtotal net mass for each haul unit since the beginning of the
shift; and

**(9)** Accumulated total net mass for all haul units since the
beginning of the shift.

If a printer malfunctions or breaks down, the Contractor may manually
weigh and record masses for up to 48 hours provided the method of
weighing meets all other contract requirements.

Furnish competent scale operators to operate the system.

When platform scales are used, randomly weigh the empty haul units at
least twice per shift.

Use an approved format for the mass records. Furnish the original
record(s) and a written certification as to the accuracy of the masses
at the end of each shift.

**109.04 Receiving Procedures.** When the method of measurement requires
weighing or volume measurement in the hauling vehicle, furnish a person
to direct the spreading and distribution of material and to record the
location and placement of the material on the project. During the
placement, maintain a record of each delivery and document it in an
acceptable manner. Include the following information as applicable:

**(a)** Project identification;

**(b)** Contract pay item number and description;

**(c)** Location where placed;

**(d)** Date;

**(e)** Load number;

**(f)** Truck identification;

**(g)** Time of arrival;

**(h)** Mass or volume; and

**(i)** Spread person\'s signature.

Use an approved format for the delivery record(s). Furnish the original
record(s) and a written certification of the delivery of the material at
the end of each shift.

**109.05 Scope of Payment.** Payment for all contract work is provided,
either directly or indirectly, under the pay items shown in the bid
schedule.

**(a) Direct payment.** Payment is provided directly under a pay item
shown in the bid schedule when one of the following applies:

**(1)** The work is measured in the Measurement Subsection of the
Section ordering the work, and the bid schedule contains a pay item for
the work from the Section ordering the work.

**(2)** The Measurement Subsection, of the Section ordering the work,
references another Section for measuring the work and the bid schedule
contains a pay item for the work from the referenced Section.

**(b) Indirect payment.** Work for which direct payment is not provided
is a subsidiary obligation of the Contractor. Payment for such work is
indirectly included under other pay items shown in the bid schedule.
This includes instances when the Section ordering the work references
another Section for performing the work and the work is not referenced
in the Measurement Subsection of the Section ordering the work.

Compensation provided by the pay items included in the contract bid
schedule is full payment for performing all contract work in a complete
and acceptable manner. All risk, loss, damage, or expense arising out of
the nature or prosecution of the work is included in the compensation
provided by the contract pay items.

Work measured and paid for under one pay item will not be paid for under
any other pay item.

The quantities shown in the bid schedule are approximate unless
designated as a contract quantity. Limit pay quantities to the
quantities staked, ordered, or otherwise authorized before performing
the work. Payment will be made for the actual quantities of work
performed and accepted or material furnished according to the contract.
No payment will be made for work performed in excess of that staked,
ordered, or otherwise authorized.

**109.06 Pricing of Adjustments.** Determine all costs according to the
contract cost principles and procedures of FAR Part 31. Follow the
requirements of all FAR clauses providing for an equitable price
adjustment.

If agreement on price cannot be reached, the CO may determine the price
unilaterally.

If the work will delay contract completion, request a time extension
according to Subsection 108.03.

**(a) Proposal.**

**(1) General.** Submit a written proposal for each line item of the
work or a lump sum for the total work. Identify the major elements of
the work, the quantity of the element, and its contribution to the
proposed price. Provide further breakdowns if requested by the CO.

When price is based on actual costs (e.g., cost-plus-fixed-fee), profit
is based on the estimated cost of the work and may not exceed the
statutory limit of 10 percent of the total cost. Due to the limited risk
in this type of pricing arrangement, a lower profit percentage may be
indicated.

**(2) Data.** Submit information as requested by the CO to the extent
necessary to permit the CO to determine the reasonableness of the
proposed price.

**(3) Cost or pricing data.** When the contract modification exceeds the
amount indicated in FAR Clause 52.214-27 Price Reduction for Defective
Cost or Pricing Data - Modifications - Sealed Bidding, or FAR Clause
52.215-11 Price Reduction for Defective Cost or Pricing Data -
Modifications, submit cost or pricing data.

Provide cost or pricing data, broken down by individual work item, for
the Contractor and each major subcontractor. Include the information
required by (b)(1) and (b)(2) below. When cost or pricing data is
submitted before all or most of the work is performed, submit material
and subcontractor quotes, anticipated labor and equipment usage, and
anticipated production rates. Provide data for all proposed increases or
decreases to the contract price.

Submit with the cost or pricing data a written proposal for pricing the
work according to (1) above. See Table 15-2 following FAR Subpart 15.4
for guidance.

Upon completion of negotiations, certify the cost or pricing data as
being accurate, complete, and current as of the date the agreement was
reached.

**(b) Postwork pricing.** When negotiating the price of additional or
changed work after all or most of the work has been performed, furnish
the following:

**(1)** **Direct costs.**

*(a) Material.* Furnish invoices showing the cost of material delivered
to the work.

*(b) Labor.* Show basic hourly wage rates, fringe benefits, applicable
payroll costs (i.e., FICA, FUTA, worker\'s compensation, insurance, and
tax levies), paid subsistence, and travel costs for each labor
classification and foreman employed in the adjusted work.

*(c) Equipment.* Provide a complete descriptive listing of equipment
including make, model, and year of manufacture. Support rented or leased
equipment costs with invoices. Determine allowable ownership and
operating costs for Contractor- and subcontractor-owned equipment as
follows:

*(1)* Use actual equipment cost data when such data can be acceptably
determined from the Contractor\'s or subcontractor\'s ownership and
operating cost records.

*(2)* When actual costs cannot be determined, use the rates shown in
*Construction Equipment Ownership and Operating Expense Schedules
(CEOOES)* published by the U.S. Army Corps of Engineers for the area
where costs are incurred. This document is available from the
Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402-9325. Adjust the rates for used equipment and for
other variable parameters used in the schedules.

*(3)* Compute proposed standby costs from acceptable ownership records
or when actual costs cannot be determined, according to *CEOOES*. Do not
exceed 8 hours in any 24-hour period or 40 hours in any calendar week.
Do not include standby for periods when the equipment would have
otherwise been in an idle status or for equipment that was not in
operational condition.

*(d) Other direct costs.* Furnish documentation or invoices to support
any other direct costs incurred that are not included above (e.g.,
bonds, mobilization, demobilization, permits, royalties, etc).

*(e) Production rates.* Provide actual hours of performance, on a daily
basis, for each labor classification and for each piece of equipment.

*(f) Subcontract costs.* Provide supporting data as required above.

**(2) Overhead.** Identify overhead rate(s) and provide supporting data,
which justifies the rate(s). List the types of costs, which are included
in overhead. Identify the cost pool(s) to which overhead is applied.
Apply the overhead to the appropriate pool.

Limit Contractor overhead applied to subcontractor payments to 5 percent
of such payments unless a higher percentage is justified.

**(3) Profit.** Except when precluded by the FAR, include a reasonable
profit reflecting the efficiency and economy of the Contractor and
subcontractors in performing the work, the contract risk type, the work
difficulty, and management effectiveness and diversity.

For work priced after all or most of the work is performed, profit is
limited by statute to 10 percent of the total cost. Due to the limited
risk in post-work pricing, a lower profit percentage may be indicated.

**109.07 Eliminated Work.** Follow the requirements of FAR Clause
52.243-4 Changes.

Work may be eliminated from the contract without invalidating the
contract. The Contractor is entitled to compensation for all direct
costs incurred before the date of elimination of work plus profit and
overhead on the direct incurred costs. Anticipated profit and overhead
expense on the eliminated work will not be compensated.

**109.08 Progress Payments.** Follow the requirements of FAR Clauses
52.232-5 Payments under Fixed-Price Construction Contracts and 52.232-27
--- Prompt Payment for Construction Contracts.

**(a) General.** Only invoice payments will be made under this contract.
Invoice payments include progress payments made monthly as work is
accomplished and the final payment made upon final acceptance. Only one
progress payment will be made each month. No progress payment will be
made in a month in which the work accomplished results in a net payment
of less than \$1,000. Full or partial progress payment will be withheld
until a construction schedule or schedule update is submitted to, and
accepted by, the CO.

**(b) Closing date and invoice submittal date.** The closing date for
progress payments will be designated by the CO. Include work performed
after the closing date in the following month's invoice. Submit invoices
to the designated billing office.

**(c) Invoice requirements.** Submit the invoice to the Government's
designated billing office. Include the following items in the invoice:

**(1)** The information required in FAR Clause 52.232-27(a)(2)(i)
through (a)(2)(xi).

**(2)** A tabulation of total quantities and unit prices of work
accomplished or completed on each pay item as of the monthly closing
date. Do not include any quantities unless field note documentation for
those quantities was submitted by the closing date. Do not include
quantities of work involving material for which test reports required
under Sections 153 or 154 or certifications required by Subsection
106.03 are, or will be, past due as of the closing date.

**(3)** The certification required by FAR Clause 52.232-5(c) and, if
applicable, the notice required by FAR Clause 52.232-5(d). Provide an
original signature on the certification. Facsimiles are not acceptable.

**(4)** If applicable, a copy of the notices that are required by FAR
Clause 52.232‑27(e)(5) and (g).

**(5)** The amount included for work performed by each subcontractor
under the contract.

**(6)** The total amount of each subcontract under the contract.

**(7)** The amounts previously paid to each subcontractor under the
contract.

**(8)** Adjustments to the proposed total payment that relate to the
quantity and quality of individual items of work. Adjustments for the
following may be made by the Government after validation of the invoice:

*(a)* Retent resulting from a failure to maintain acceptable progress;

*(b)* Retent resulting from violations of the labor provisions;

*(c)* Retent pending completion of incomplete work, other *\"no pay\"*
work, and verification of final quantities;

*(d)* Obligations to the Government such as excess testing cost or the
cost of corrective work pursuant to FAR Clause 52.246-12(g); or

*(e)* Liquidated damages for failure to complete work on time.

**(d) Government's receiving report.** The Government's receiving report
will be developed using the measurement notes received by the CO and
determined acceptable. Within 7 days after the closing date, the CO will
be available by appointment at the Government's designated billing
office to advise the Contractor of quantities and unit prices appearing
on the Government's receiving report.

**(e) Processing progress payment requests.** No payment will be made
for work unless field note documentation for the work was provided by
the closing date.

**(1) Proper invoices.** If the invoice meets the requirements of
Subsection 109.08(c), and the quantities and unit prices shown on the
Contractor's invoice agree with the corresponding quantities and unit
prices shown on the Government's receiving report, the invoice will be
paid.

**(2) Defective invoices.** If the invoice does not meet the
requirements of Subsection 109.08(c), or if any of the quantities or
unit prices shown on the Contractor's invoice exceed the corresponding
quantities and unit prices shown on the Government's receiving report,
the invoice is defective, and the Contractor will be notified according
to FAR Clause 52.232-27(a)(2). Defective invoices will be returned to
the Contractor within 7 days after receipt by the Government's
designated billing office. Correct and resubmit returned invoices. If
the defects are minor, the Contractor may elect, in writing, to accept
the quantities and unit prices shown on the Government's receiving
report for payment.

**(f) Partial payments.** Progress payments may include partial payment
for material to be incorporated in the work, provided the material meets
the requirements of the contract and is delivered on, or in the vicinity
of, the project site or stored in acceptable storage places.

Partial payment for material does not constitute acceptance of such
material for use in completing items of work. Partial payments will not
be made for living or perishable material until incorporated into the
project.

Partial payments for material will not exceed the lesser of:

**(1)** 80 percent of the contract bid price for the item; or

**(2)** 100 percent of amount supported by copies of invoices submitted.

The quantity paid will not exceed the corresponding quantity estimated
in the contract.

**109.09 Final Payment.** Follow the requirements of FAR Clause 52.232-5
Payment under Fixed-Price Construction Contracts and FAR Clause
52.232-27 Prompt Payment for Construction.

Upon final acceptance and verification of final pay records, the
Government will send, by certified mail, a final voucher (SF 1034) and a
release of claims document. Execute both the voucher and the release of
claims, and return the documents to the Government for payment. The date
of approval by the Government of the final voucher for payment
constitutes the date of final settlement of the contract.

If unresolved claims exist or claims are proposed, reserve the right to
the claims by listing a description of each claim and the amount being
claimed on the release of claims document.

Failure to execute and return the voucher and release of claims document
within 90 days after receipt shall constitute and be deemed execution of
the documents and the release of all claims against the Government
arising by virtue of the contract. In this event, the day after 90 days
from receipt constitutes the date of final settlement of the contract.