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10.0250 Construction.

Cite as [A.S.A.C. § 10.0250]

(a) Request for Proposals.

(1) Deposit. The chief procurement officer, or other official designated authority to execute and administer construction contracts, shall determine the amount of deposit required for potential bidders to obtain the Request for Proposals.

(2) Contents. The Request for Proposals shall be prepared in accordance with paragraph 10.0231 (d) (2). In addition, the following additional items shall be included in the form prescribed by the chief procurement officer.

(a) Notice to bidders. General information regarding project information.

(b) Instructions to bidders. Information on the preparation of bids, bid security requirements (subsection 10.0250 (b). and forms and certifications to be submitted with the bid.

(c) General conditions. Standard contract clauses governing the performance of work.

(d) Special Conditions. Special contract clauses depending on the nature and dollar amount of the work to be performed.

(e) Technical specifications. Specifications governing the technical aspects of the work to be performed.

(f) Local bidder preference. Evaluation of local bidder preference as required under Section 10.0272.

(b) Bid Security.

(1) Requirement. Bid security shall be required for all competitive sealed bidding construction contracts where performance and contract bonds are required. Bid security shall be on bid bond (GSA Standard Form 24) , in cash, by certified check, cashier’s check, or other form acceptable to government. The surety company shall hold a certificate of authority from the U.S. Secretary of the Treasure as an acceptable surety, or other surety acceptable to the government.

(2) Amount. Bid security shall be in an amount equal to at least 5% of the amount of the bid or other amount as specified in the Request for Proposals depending upon the source of funding.

(3) Rejection of bid. Failure to furnish bid security, when required by the invitation, shall result in rejection of the bid in accordance with subparagraph 10.0231 (d) (10 (E).

(c) Contract, performance, payment and other bonds.

(1) Contract bond. A contract bond is required in cash, certified check, cashier’s check, or with sureties certified by the government on GAS Form PUB/WKS-49 or other similar form satisfactory to the government when the amount of the contract does not exceed $100,000.

(2) Performance and payment bonds. A performance bond and payment bond are required in cash, certified check, cashier’s check, or with sureties certified by the government on GSA form 25 and 25A or other similar form satisfactory to the government when the contract exceeds $100,000.

(3) Amount. The contract, performance, and payment bonds shall be in an amount sufficient to protect the government’s interest as determined by the chief procurement officer.

(4) Other bonds. Other bonds, such as labor and materials bonds, may be required in order to protect the interests of the government. Such bonds shall be required as determined by the chief procurement officer or other government official delegated authority to execute and administer construction contracts.

(d) Required contract provisions. The following clauses shall be included in all construction contracts as prescribed:

(1) For contracts exceeding $10,000, “Termination for convenience” (Appendix A).

(2) For contracts exceeding $10,000, “Termination for default” (Appendix B1).

(3) For contracts exceeding $10,000, Equal Opportunity” (Appendix C).

(4) “Anti-Kickback Statue” (Appendix D).

(5) When required by Federal grant program legislation and the contract exceeds $2,000, “Davis Bacon Act” (Appendix E).

(6) Where applicable for contracts in excess of $2,000, “Contract Work Hours and Safety Standards Act” (Appendix F).

(7) For contracts over $100,000, “Clean Air and Water” (Appendix G) unless this requirement has been waived by EPA

(8) Prohibition against gratuities and kickbacks as required by subsection 10.0292(f)

(9) Prohibition against contingent fees as required by subsection 10.0292(g).

(10) Prohibition against collusion as required by subsection 10.0292(i).

(e) Fiscal responsibility. Every contract modification, change order, or contract price adjustment under a construction contract shall be subject to prior written certification by the fiscal officer of the entity responsible for funding the project or the contract, or other official responsible for monitoring and reporting upon the status of the cost of the total project budget or contract budget, as to the effect of the contract modification, change order, or adjustment in contract price on the total project budget or the total contract budget. In the event that the certification of the fiscal officer or other responsible official discloses a resulting increase in the total project budget and/or the total contract budget, such contract modification, change order, or adjustment in contract price shall not be made unless sufficient funds are available therefore, or the scope of the project or contract is adjusted so as to permit the degree of completion that is feasible within the total project budget and/or total contract budget as it existed prior to the contract modification, change order, or adjustment in contract price under consideration; provided, however, that with respect to the validity, as to the contractor, of any executed contract modification, change order, or adjustment in contract price which the contractor has reasonably relied upon, it shall be presumed that there has been compliance with the provisions of this subsection.

History: Rule 5-84, eff11 Jul 84, (part).