03E01/07/08

S106-03E.doc

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  Use on all projects.

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**Section 106. - ACCEPTANCE OF WORK**

**106.01 Conformity with Contract Requirements.** [Delete the text and
substitute the following:]{.underline}

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 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
more strict.

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.

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.

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.

\(a\) Disputing Government test results. If the accuracy of Government
test results is disputed, promptly inform the CO. If the dispute is
unresolved after reasonable steps are taken to resolve the dispute,
further evaluation may be obtained by written request. Include a
narrative describing the dispute and a proposed resolution protocol that
addresses the following:

> **(1)** Sampling method
>
> **(2)** Number of samples
>
> **(3)** Sample transport
>
> **(4)** Test procedures
>
> **(5)** Testing laboratories
>
> **(6)** Reporting
>
> **(7)** Estimated time and costs
>
> **(8)** Validation process

If the evaluation requires additional sampling or testing be performed,
mutually agree with the Government on witnessing procedures and on
sampling and testing by a third party laboratory. Use a third party
laboratory accredited by the AASHTO accreditation program. Provide proof
of the laboratory's accreditation for the test procedures to be used. Do
not use the same laboratory that produced the disputed Government test
results or that produced the test results used as a basis for the
dispute.

The CO will review the proposed resolution protocol and may modify it
before final approval and execution.

The Government will use the approved resolution protocol test results to
determine the validity of the disputed testing. If the Government test
results are validated, the Contractor will be responsible for all costs
associated with developing and performing the resolution protocol. If
the Government test results are not validated, the Government will be
responsible for all costs associated with developing and performing the
resolution protocol. If the validity of the Government test results
cannot be determined, the Contractor and Government will equally share
all costs associated with developing and carrying out the resolution
protocol.

**(b) Alternatives to removing and replacing non-conforming work.** As
an alternative to removal and replacement, the Contractor may submit a
written request to:

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

**(2)** 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.

Where sample/testing procedures make reference to AASHTO, ASTM, or other
standards (designated as FLH T), the procedure as modified in the
Materials Manual shall govern. Where the specifications make reference
to AASHTO Test T11, "Procedure B - Washing Using a Wetting Agent" shall
be the procedure followed.

Where the specifications make reference to AASHTO Test T310, "Direct
Transmission Method of In-Place Nuclear Density and Moisture Content"
shall be the procedure followed.

Reference to the Materials Manual means the Federal Lands Highway "Field
Materials Manual, U.S. Department of Transportation, Federal Highway
Administration," Publication No. FHWA-FL-91-002, dated March 1991,
revised March 1994, and all amendments and supplements thereto. Copies
are available from the Materials Engineer, Federal Highway
Administration, Central Federal Lands Highway Division, Materials
Branch, P.O. Box 25246, Denver, Colorado 80225-0246, Telephone: (720)
963-3537.

**106.03 Certification.** [Add the following after the second
paragraph:]{.underline}

See Table 106-3 for schedule for full or partial acceptance by material
certification. Submit certification and sample of material for testing
as required.

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  Use on all projects with statistical pay items.

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**106.05 Statistical Evaluation of Work and Determination of Pay Factor
(Value of Work).**

**(b) Acceptance.** [Delete the last sentence of the second paragraph
and substitute the following:]{.underline}

If a lot is concluded or terminated with fewer than three samples, the
samples will be combined with those of an adjacent lot. In the event
there is no adjacent lot, the material will be accepted according to
Subsection 106.04.

**Table 106-2 Pay Factor.**

[The Pay Factor 1.03, category I row:]{.underline} Delete the value 84
in the n=9 column and substitute the value 94.

[The Pay Factor 0.75, category II row:]{.underline} Delete the value 35
in the n=3 column and substitute the value 25.

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  Add Table 106-3 to **all** projects.

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**Table 106-3 Schedule For Full or Partial Acceptance by Materials
Certification.** [Add Table 106-3 following Table 106-2.]{.underline}

**Table 106-3**

Schedule For Full or Partial Acceptance by Materials Certification

+------+------------+-------------+-------------+---------+----------+
| **S  | **Des      | *           | **Material  | **Freq  |          |
| ecti | cription** | *Material** | Property**  | uency** |          |
| on** |            |             |             |         |          |
|      |            |             | **Or        |         |          |
|      |            |             | Spec        |         |          |
|      |            |             | ification** |         |          |
+======+============+=============+=============+=========+==========+
|      |            |             |             | **C     | **       |
|      |            |             |             | ertific | Sample** |
|      |            |             |             | ation** |          |
+------+------------+-------------+-------------+---------+----------+
| **3  | Dust       | Magnesium   | As          | 1 per   | First    |
| 06** | Palliative | Chloride,   | specified   | s       | shipment |
|      |            | Emulsified  |             | hipment |          |
|      |            | Asphalt,    |             |         |          |
|      |            | Lignin      |             |         |          |
|      |            | Sulfonate,  |             |         |          |
|      |            | Calcium     |             |         |          |
|      |            | Chloride    |             |         |          |
+------+------------+-------------+-------------+---------+----------+
| **3  | Minor      | Crushed     | Source,     | 1 per   | 1 per    |
| 08** | Crushed    | Aggregate   | Quality and | source  | source   |
|      | Aggregate  |             | Gradation   |         |          |
+------+------------+-------------+-------------+---------+----------+
| *    | Minor Hot  | Aggregate   | Source      | 1 per   | 1 per    |
| *404 | Asphalt    | Asphalt Mix | quality,    | mix     | source   |
| and  | Concrete,  |             | Gradation,  |         |          |
| 4    | Minor Cold |             | Stability,  |         |          |
| 17** | Asphalt    |             | and Grade   |         |          |
|      | Mix        |             |             |         |          |
+------+------------+-------------+-------------+---------+----------+
| *    | Permanent  | 634.02 as   | As          | 1 per   | \        |
| *634 | Pavement   | applicable, | specified   | source  | -\-\-\-- |
| and  | Markings,  | 635 as      |             |         |          |
| 6    | Temporary  | applicable  |             |         |          |
| 35** | Traffic    |             |             |         |          |
|      | Control    |             |             |         |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Hydraulic  | Portland    | AASHTO M    | 1 per   | 1 per    |
| 01** | Cement     | Cement,     | 85, M 240,  | s       | 100 tons |
|      |            | Blended     |             | hipment |          |
|      |            | Hydraulic   | and ASTM C  |         |          |
|      |            | Cement and  | 91          |         |          |
|      |            | Masonry     |             |         |          |
|      |            | Cement      |             |         |          |
+------+------------+-------------+-------------+---------+----------+
| **   | Asphalt    | Asphalt     | AASHTO M    | 1 per   | 1 per    |
| 702. | Material   | Cement      | 20, M 226,  | s       | shipment |
| 01** |            |             |             | hipment |          |
|      |            |             | MP 1 or as  |         |          |
|      |            |             | applicable  |         |          |
+------+------------+-------------+-------------+---------+----------+
| **   | Asphalt    | Cut-back    | AASHTO M 81 | 1 per   | 1 per    |
| 702. | Material   | Asphalt     | or          | s       | shipment |
| 02** |            |             |             | hipment |          |
|      |            |             | M 82 as     |         |          |
|      |            |             | applicable  |         |          |
+------+------------+-------------+-------------+---------+----------+
| **   | Asphalt    | Emulsified  | AASHTO M    | 1 per   | 1 per    |
| 702. | Material   | Asphalt     | 140 or      | s       | shipment |
| 03** |            |             |             | hipment |          |
|      |            |             | M 208 as    |         |          |
|      |            |             | applicable  |         |          |
+------+------------+-------------+-------------+---------+----------+
| **   | Asphalt    | Asphalt     | As          | 1 per   | \        |
| 702. | Material   | Materials   | specified   | s       | -\-\-\-- |
| 05** |            | used        | for each    | hipment |          |
|      |            |             | type of     |         |          |
|      |            | for         | asphalt     |         |          |
|      |            | Damproofing | material    |         |          |
|      |            |             |             |         |          |
|      |            | and         |             |         |          |
|      |            | Wa          |             |         |          |
|      |            | terproofing |             |         |          |
|      |            |             |             |         |          |
|      |            | Concrete    |             |         |          |
|      |            | Surfaces    |             |         |          |
+------+------------+-------------+-------------+---------+----------+
| **   | Recycling  | As          | As          | 1 per   | 1 per    |
| 702. | Agent      | specified   | applicable  | s       | shipment |
| 06** |            |             |             | hipment |          |
+------+------------+-------------+-------------+---------+----------+
| **   | Antistrip  | As          | As          | 1 per   | \        |
| 702. |            | specified   | applicable  | s       | -\-\-\-- |
| 08** |            |             |             | hipment |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Concrete   | As          | As          | 1 per   | \        |
| 06** | and        | specified   | applicable  | s       | -\-\-\-- |
|      | Plastic    |             |             | hipment |          |
|      | Pipe       |             |             |         |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Metal Pipe | Metal Pipe  | As          | 1 per   | \        |
| 07** |            | as          | applicable  | s       | -\-\-\-- |
|      |            | specified   |             | hipment |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Paint      | As          | As          | 1 per   | 1 sample |
| 08** |            | specified   | applicable  | bat     | for      |
|      |            |             |             | ch\\lot | qu       |
|      |            |             |             |         | antities |
|      |            |             |             |         |          |
|      |            |             |             |         | \> (25   |
|      |            |             |             |         | gallons) |
+------+------------+-------------+-------------+---------+----------+
| **7  | R          | As          | As          | 1 per   | For      |
| 09** | einforcing | specified   | applicable  | s       | 709.01 & |
|      | Steel      |             |             | hipment | 709.03   |
|      |            |             |             |         | submit   |
|      | and Wire   |             |             |         | 3,       |
|      | Rope       |             |             |         | 1-yard   |
|      |            |             |             |         | bars     |
|      |            |             |             |         |          |
|      |            |             |             |         | of each  |
|      |            |             |             |         | size and |
|      |            |             |             |         | grade of |
|      |            |             |             |         | bar      |
|      |            |             |             |         | fu       |
|      |            |             |             |         | rnished. |
|      |            |             |             |         |          |
|      |            |             |             |         | 709.02   |
|      |            |             |             |         | submit 1 |
|      |            |             |             |         |          |
|      |            |             |             |         | 6-foot   |
|      |            |             |             |         | length   |
|      |            |             |             |         | for      |
|      |            |             |             |         |          |
|      |            |             |             |         | each     |
|      |            |             |             |         | size     |
|      |            |             |             |         | f        |
|      |            |             |             |         | urnished |
+------+------------+-------------+-------------+---------+----------+
| **7  | Fence and  | As          | As          | 1 per   | \        |
| 10** | Guardrail  | specified   | applicable  | s       | -\-\-\-- |
|      |            |             |             | hipment |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Concrete   | As          | As          | 1 per   | \        |
| 11** | Curing     | specified   | applicable  | m       | -\-\-\-- |
|      |            |             |             | aterial |          |
|      | Material   |             |             | source  |          |
|      | and        |             |             | per     |          |
|      | Admixtures |             |             | m       |          |
|      |            |             |             | aterial |          |
|      |            |             |             | type    |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Joint      | As          | As          | 1 per   | \        |
| 12** | Material   | specified   | applicable  | s       | -\-\-\-- |
|      | (all)      |             |             | hipment |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Roadside   | As          | As          | 1 per   | \        |
| 13** | I          | specified   | applicable  | s       | -\-\-\-- |
|      | mprovement |             |             | hipment |          |
|      | Materials  |             |             |         |          |
|      | (all)      |             |             |         |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Geotextile | As          | As          | 1 per   | 1 per    |
| 14** | and        | specified   | applicable  | s       | project  |
|      | Ge         |             |             | hipment | per type |
|      | ocomposite |             |             |         |          |
|      | Drain      |             |             |         |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Piling     | As          | As          | 1 per   | \        |
| 15** |            | specified   | applicable  | s       | -\-\-\-- |
|      |            |             |             | hipment |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Material   | Timber and  | As          | 1 per   | \        |
| 16** | for Timber | Hardware    | applicable  | s       | -\-\-\-- |
|      | Structures |             |             | hipment |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Structural | As          | As          | 1 per   | 7        |
| 17** | Metal      | specified   | applicable  | s       | 17.01(e) |
|      |            |             |             | hipment | minimum  |
|      |            |             |             |         |          |
|      |            |             |             |         | 6 per    |
|      |            |             |             |         | shipment |
|      |            |             |             |         |          |
|      |            |             |             |         | for each |
|      |            |             |             |         | size     |
|      |            |             |             |         | used.    |
|      |            |             |             |         |          |
|      |            |             |             |         | 717.10   |
|      |            |             |             |         |          |
|      |            |             |             |         | 1 per    |
|      |            |             |             |         | project  |
+------+------------+-------------+-------------+---------+----------+
| **7  | Traffic    | As          | As          | 1 per   | \        |
| 18** | Signing    | specified   | applicable  | s       | -\-\-\-- |
|      | and        |             |             | hipment |          |
|      | Marking    |             |             |         |          |
|      | (all)      |             |             |         |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Structural | As          | As          | 1 per   | \        |
| 20** | Wall and   | specified   | applicable  | s       | -\-\-\-- |
|      | Stabilized |             |             | hipment |          |
|      | Materials  |             |             | per     |          |
|      | (all)      |             |             | m       |          |
|      |            |             |             | aterial |          |
|      |            |             |             | type    |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Electrical | As          | As          | 1 per   | \        |
| 21** | and        | specified   | applicable  | s       | -\-\-\-- |
|      | Il         |             |             | hipment |          |
|      | lumination |             |             | per     |          |
|      | Material   |             |             | m       |          |
|      | (all)      |             |             | aterial |          |
|      |            |             |             | type    |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Anchor     | As          | As          | 1 per   | \        |
| 22** | Material   | specified   | applicable  | s       | -\-\-\-- |
|      |            |             |             | hipment |          |
|      |            |             |             | per     |          |
|      |            |             |             | m       |          |
|      |            |             |             | aterial |          |
|      |            |             |             | type    |          |
+------+------------+-------------+-------------+---------+----------+
| **7  | Mis        | As          | As          | 1 per   | \        |
| 25** | cellaneous | specified   | applicable  | s       | -\-\-\-- |
|      | materials  |             |             | hipment |          |
|      |            |             |             | per     |          |
|      |            |             |             | m       |          |
|      |            |             |             | aterial |          |
|      |            |             |             | type    |          |
+------+------------+-------------+-------------+---------+----------+