Section Env-Dw 1108.07 - Awarding Construction Contracts(a) The recipient of financial assistance from the DWSRF for a construction project shall comply with all applicable legal procedures and other legal requirements in advertising for bids and awarding the construction contract.(b) The text of the construction contract documents shall not vary from the text of the contract documents approved pursuant to Env-Dw 1108.04, unless a change has been approved pursuant to Env-Dw 1108.05.(c) After receiving and reviewing bids, the recipient shall select the lowest responsive bid or competitive quotation, unless approval is requested and obtained from the department to award the contract to a higher bid or quotation based on objective knowledge that the apparent lowest bid or quotation is not responsible.(d) The recipient shall request approval from the department to award the construction contract by submitting the following in writing to the department: (1) A revised estimate of eligible project costs, including a minimum 5% contingency for construction costs, construction engineering costs, recipient's administrative costs directly related to the project that are attributable to additional administrative duties outside of normal duty hours, and other costs;(2) For loans greater than $100,000, monthly cash flow projections;(3) Evidence of solicitation for bids or competitive quotations;(4) A tabulation of all bids that were received;(5) A letter signed by the loan recipient's authorized representative indicating the contract value and the name of the bidder to whom the contract is planned to be awarded; (6) A copy of the bid proposal of the bidder to whom the contract is planned to be awarded;(7) Documentation assuring bidder compliance with EPA's disadvantaged business enterprise requirements as specified in 40 CFR Part 33; and(8) Certification that all necessary permits, land acquisitions, and easements have been secured.(d) The department shall approve the award of the construction contract if it determines that all applicable requirements have been met. The applicant shall not award the construction contract until after it has received written approval to do so from the department.(e) For all construction projects funded by the DWSRF program, following receipt of approval from the department the loan recipient shall execute a construction contract with the selected contractor.N.H. Code Admin. R. Env-Dw 1108.07
(See Revision Note at chapter heading for Env-Dw 1100) #8702, eff 8-24-06
Amended by Volume XXXV Number 06, Filed February 12, 2015 , Proposed by #10772, Effective 1/24/2015, Expires1/24/2025.