multiplied by the unit bid prices. The results of such comparisons will be immediately available to the public.

103.02 Award of Contract. See SF 22, Instruction to Bidders. The award of contract will be made by written acceptance to the successful bidder within the period specified in the bid forms.

103.04 Return of Bid Guarantee. All bid guarantees other than bid bonds, except those of the two lowest bidders, will be returned immediately following the opening and checking of the bids. The retained bid guarantee of the unsuccessful of the two lowest bidders will be returned within 10 days following the award of contract and that of the successful bidder will be returned after satisfactory bonds have been furnished and the contract has been executed. 103.05 Contract and Bonds. Pursuant to SF 22 the successful bidder shall furnish performance and payment bonds as follows:

(a) A performance bond in the penal amount of 100 percent of the contract price at the time of award.

(b) A payment bond as follows:

(1) When the contract price is not more than $1,000,000, the penal amount shall be 50 percent of the contract price;

(2) When the contract price is more than $1,000,000, but not more than $5,000,000, the penal amount shall be 40 percent of the contract price; and,

(3) When the contract price is more than $5,000,000, the penal amount shall be $2,500,000. (c) Additional Bond Security. In addition to the provisions of SF 23A the following shall apply: Each surety company bond (bid, performance, payment) which purports to have been executed by an agent or attorney-in-fact, for the corporate surety, is required to have submitted with it a power of attorney to the signatory agent or attorney-in-fact, and executed by the corporate surety upon a date reasonably proximate to the date of the bond, and power of attorney shall in each instance be retained with the bond.

103.06 Reserved

103.07 Failure to Execute Contract. See SF 22, Instruction to Bidders.

Section 104.-SCOPE OF WORK

104.01 Intent of Contract. The intent of the contract is to provide for the construction and completion in every detail of the work described. The Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies required to complete the work in accordance with the plans, specifications and terms of the contract.

104.02 Changes, Differing Site Conditions and Variations in Quantities.

(a) Changes-See SF 23A, General Provisions.

(b) Differing Site Conditions-See SF 23A, General Provisions.

(c) Variations in Quantities.

Payment for work occasioned by changes or variations in quantities will be made in accordance with the provisions under Subsection 109.07. Any adjustment in contract time because of such changes or variations will be made in accordance with the provisions of Subsection 108.06.

104.03 Value Engineering

(a) (1) This subsection applies to those cost reduction proposals initiated and developed by the Contractor for changing the plans, specifications or other requirements of the contract. This subsection does not however, apply to any such proposal unless it is identified by the Contractor, at the time of its submission as a proposal submitted pursuant to this subsection. Changes in basic design of a bridge or of a pavement type will not be considered as an acceptable cost reduction proposal.

(2) The cost reduction proposals contemplated are those that would require a change to the contract; and would result in savings to the Government by providing a decrease in the

cost of performance without impairing essential functions and characteristics such as safety, service life, reliability, economy of operation, ease of maintenance, and necessary standardized features.

(b) As a minimum, the following information shall be submitted with each proposal:

(1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each;

(2) An itemization of the requirements of the contract which must be changed if the proposal is adopted, and a recommendation as to how to make each such change (e.g., a suggested revision);

(3) An estimate of the reduction in performance costs that will result from adoption of the proposal, taking into account the costs of development and implementation by the Contractor (including any amount attributable to subcontracts in accordance with paragraph (e) below) and the basis for the estimate;

(4) A prediction of any effects the proposed change will have on collateral costs to the Government, costs of related items, and costs of maintenance and operation;

(5) A statement of the time by which a change order adopting the proposal must be issued so as to obtain the maximum cost reduction during the remainder of this contract, noting any effect on the contract completion time or delivery schedule; and

(6) The dates of any previous or concurrent submissions of the proposal, the numbers of the Government contracts under which submitted, and the previous actions by the Government, if known.

(7) Proposed changes in structural details shall be accompanied by engineering drawings and computations in sufficient detail to provide for an adequate evaluation.

(c) (1) Cost reduction proposals submitted by the Contractor will be processed expeditiously; however, the Government shall not be liable for any delay in acting upon any proposals submitted pursuant to this subsection. The Contractor has the right to withdraw, in whole or in part, any value engineering change proposal not accepted by the Government within the period specified in the proposal. The decision of the Contracting Officer as to the acceptance of any such proposal will be final and shall not be subject to the "Disputes" clause of the contract.

(2) The Contracting Officer may accept, in whole or in part, before performance has been completed, any cost reduction proposal submitted pursuant to this subsection and not withdrawn by the Contractor by giving the Contractor written notice thereof reciting acceptance under this subsection. This written notice may be given by issuance of a change order to the contract. Unless and until a change order or other contract modification applies a value engineering change proposal to the contract; the Contractor shall remain obligated to perform in accordance with the terms of the existing contract.

(3) Contract modifications made as a result of this subjection will state that they are made pusruant to it.

(d) If a cost reduction proposal submitted pursuant to this subsection is accepted and applied to the contract, an equitable adjustment in the contract price and in any other affected provisions of the contract will be made in accordance with this subsection and other applicable subsections of the contract. The equitable adjustment will be established by determining the effect of the proposal on the Contractor's cost of performance, taking into account the Contractor's cost of developing the proposal, insofar as such is properly a direct charge not otherwise reimbursed under this contract, and the Contractor's cost of implementing the change (including any amount attributable to subcontracts in accordance with paragraph (e) below). The contract price will then be reduced by the following amount: The total actual decrease in the Contractor's cost less fifty percent (50%) of the difference between the amount of such total actual decrease and any net increase in ascertainable collateral costs to the Government which must reasonably be incurred as a result of application of the cost reduction proposal to the contract.

(e) The Contractor shall use his best efforts to include appropriate value engineering arrangements in any subcontract which, in the judgment of the Contractor, is of such a size and nature as to offer reasonable likelihood of value engineering cost reductions. For the purpose of computing any equitable adjustment in the contract price under paragraph (d) above, the Contractor's cost of development and implementation of a cost reduction proposal which is accepted will be deemed to include any development and implementation costs of a subcontractor and any value engineering incentive payments to a subcontractor, or cost reduction share accruing to a subcontractor, which clearly pertain to such proposal and which are incurred, paid, or accrued in the performance of a subcontract under the contract.

(f) The Contractor may restrict the Government's right to use any sheets of a value engineering proposal or of the supporting data, submitted pursuant to this subsection in accordance with the terms of the following clause if it is marked on such sheet:

This data furnished pursuant to the Value Engineering subsection of contract shall not be disclosed outside the Government, or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering proposal submitted under said subsection. This restriction does not limit the Government's right to use information contained in this data if it is or has been obtained, or is otherwise available, from the Contractor or another source, without limitations. If such a proposal is accepted by the Government under said contract after the use of this data in such an evaluation, the Government will have the right to duplicate, use, and disclose any data reasonably necessary to the full utilization of such proposal as accepted, in any manner and for any purpose whatsoever, and have others so do.

In the event of acceptance of a value engineering proposal, the Contractor hereby grants to the Government all rights to use, duplicate or disclose, in whole or in part, in any manner and for any purpose whatsoever, and to have or permit others to do so, any data reasonably necessary to fully utilize such proposal.

(g) Modification of a cost reduction proposal, by which quantities are increased or decreased subsequent to acceptance of the value engineering change proposal, shall be based on equitable cost adjustments as determined under paragraph (d) above.

104.04 Maintenance For Traffic. Unless otherwise provided, the existing road while undergoing improvements shall be kept open to all traffic by the Contractor. With prior approval, as provided on the plans, or as shown in the special provisions, the Contractor may bypass traffic over an approved detour route or by approved part-width construction.

The Contractor shall keep the portion of the project being used by public traffic, whether it be through or local traffic, in such condition that traffic will be adequately accommodated. He shall furnish, erect and maintain barricades, warning signs, delineators, flagmen and pilot cars in accordance with Part VI of the Manual of Uniform Traffic Control Devices for Streets and Highways and Section 635 of these specifications. He shall also provide and maintain in a safely passable condition temporary approaches or crossings and intersections with trails, roads, streets, businesses, parking lots, residences, garages and farms; provided, however, that snow removal will not be required of the Contractor. He shall furnish and apply water or use other satisfactory means for dust control.

These requirements will apply throughout the entire contract period and the Contractor shall bear all expenses thereof without direct compensation, except as otherwise provided in Section 635.

(a) Detours.-When the bid schedule contains an item for "Maintenance of Detours" or "Removing Existing Structures and Maintaining Traffic", then the payment for such item will cover all cost of constructing and maintaining such detour or detours, including the construction of any and all temporary bridges and accessory features and the removal of the same, and obliteration of the detour road. Right-of-way for temporary highways or bridges called for under this paragraph will be furnished by the Government.

(b) Maintenance for Traffic During Suspension of Work.-The Contractor shall bear all expense, other than snow removal, of maintaining traffic over those portions of the project

and temporary roadways or portions thereof necessary for the accommodation of traffic during periods of partial work suspension or during periods of total suspensions other than a Winter Suspension or a suspension for the convenience of the Government.

Prior to any suspension of work for the winter season by written order the Contractor shall make maintainable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be directed by the Engineer for the accommodation of necessary traffic.

The Engineer may order the Contractor to maintain traffic during winter suspensions, or may provide for such maintenance by other forces.

After periods of winter suspension the Contractor shall replace or renew any work or materials lost or damaged because of such temporary use of the project; shall remove to the extent directed by the Engineer any work or materials used in the temporary maintenance and shall complete the project in every respect as though its prosecution had been continuous and without interferences.

Winter maintenance for traffic ordered by the Engineer and performed by the contractor, and additional work caused by winter suspensions and considered beyond the control of the Contractor, will be paid for in accordance with Subsections 109.07 or 109.08

104.05 Final Cleaning Up. Before final acceptance, the highway, borrow and local material sources, and all areas occupied by the Contractor in connection with the work shall be cleaned of all rubbish, excess materials, temporary structures, and equipment; and all parts of the work shall be left in an acceptable condition. This work will be considered necessary work auxiliary to the accomplishment of the contract and no direct payment will be made therefor.

Section 105.-CONTROL OF WORK

105.01 Authority of the Engineer. The Engineer will decide all questions which may arise as to the quality and acceptability of materials furnished and work performed and as to the rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor.

Decisions will be based on engineering judgment, taking into consideration all facts, the inherent variations in the processing and testing of highway materials, past experiences, research findings, and other factors bearing on the issue, including all regulations, instructions, and guidelines established by the Government for administration of contract work. Such tests as are deemed necessary may be taken to ascertain the degree of conformance of the material or work in question with the plans and specifications.

105.02 Plans and Working Drawings. The Contractor will be supplied with a minimum of two sets of approved plans and contract assemblies including special provisions. Plans furnished by the Government will show lines, grades, typical cross sections of the roadway, location and construction details of all structures and a summary of items appearing on the bid schedule. Only general features will be shown for steel bridges. The Contractor shall keep one set of plans available at the work site at all times.

The plans shall be supplemented by such working drawings as are necessary to adequately control the work. Working drawings for structures shall be furnished by the Contractor and shall consist of such detailed plans as may be required to adequately control the work and are not included in the plans furnished by the Government. They shall include stress sheets, shop drawings, erection plans, falsework plans, formwork plans, cofferdam plans, bending diagrams for reinforcing steel or any other supplementary plans or similar data required of the Contractor. All working drawings must be approved by the Engineer, but it is mutually agreed that the Contractor shall be responsible for accuracy of dimensions and details and for agreement and conformity of his working drawings with the contract plans and specifications.

Prior to approval of such working drawings, any work done or materials ordered shall be at the sole risk of the Contractor. No change shall be made by the Contractor in any working drawing after it has been approved by the Engineer.

Working drawings for steel structures shall consist of shop details, erection and other working plans showing dimensions, sizes of material, lists of field rivets and bolts, details and other information necessary for the complete fabrication and erection of the metal work. The Engineer's approval of shop detail drawings for structural steel will be limited to size of members and strength of connections.

Working drawings for cribs, cofferdams, falsework, formwork, centering, detour structures and for other temporary work and methods of construction the Contractor proposes to use, shall be subject to approval insofar as the details affect the character of the finished work but details of design will be left to the Contractor who shall be responsible for the successful construction of the work. Drawings for falsework plans (except minor structures) shall be prepared by and bear the seal and signature of a licensed, Professional Engineer. All assumptions, dimensions, material properties and other data used in making the structural analysis shall be noted on the drawings. Upon request, the Contractor shall furnish copies of the design calculations to the Engineer for examination. Minimum design requirements for falsework plans shall conform to AASHTO Standard Specification for Bridges or other nationally recognized standards.

Shop detail drawings and other working drawings shall not exceed 22 inches by 36 inches in size and shall be made in such a manner that clear and legible copies can be made from them. Five sets of blue prints or other acceptable type copies shall be submitted to the Engineer, one set of which will be returned to the Contractor with revisions noted thereon. After correction, four additional sets of prints or copies shall be submitted to the Engineer. One approved copy will be returned to the Contractor.

Upon completion of fabrication of steel structures, the original tracings, or one set of reproducible prints or tracings, shall be furnished to the Engineer.

Drawings and plans shall be submitted by the Contractor sufficiently in advance of their need to permit detailed review by the Engineer, taking into account the possibility of rejections, revisions and resubmittals.

The contract price shall include the cost of furnishing all working drawings.

105.03 Conformity with Plans and Specifications. All work performed and all materials furnished shall be in reasonably close conformity (see definition) with the lines, grades, cross sections, dimensions and material requirements shown on the plans or indicated in the specifications.

Plan dimensions and contract specification values are to be considered as the target values to be strived for and complied with as the design values from which any deviations are allowed. It is the intent of the specifications that the materials and workmanship shall be uniform in character and shall conform as nearly as realistically possible to the prescribed target value or to the middle portion of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons. When either a maximum or minimum value or both are specified, the production and processing of the material and the performance of the work shall be so controlled that material or work will not be preponderately of borderline quality or dimension.

In the event the materials furnished, work performed, or the finished product are not within reasonably close conformity with the plans and specifications but that reasonably acceptable work has been produced, a determination will be made whether the work will be accepted and remain in place. A change order which will provide for an appropriate adjustment in the contract price for such work or materials as are deemed acceptable will be issued. In the event the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an inferior