Section Env-Dw 1407.07 - Awarding Construction Contracts(a) The recipient of financial assistance from the PFAS RLF 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 1407.04, unless a change has been approved pursuant to Env-Dw 1407.06.(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 the lowest bid or quotation not being from a responsible bidder.(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;(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 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) If the bidder selected is not the lowest bidder, an explanation of why the lowest bidder was not selected; and(8) Certification that all necessary permits, land acquisitions, and easements have been secured.(e) 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.(f) For all construction projects funded by the PFAS RLF program, following receipt of approval from the department the recipient shall sign a construction contract with the selected contractor.N.H. Code Admin. R. Env-Dw 1407.07
Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by #13164, Effective 1/26/2021, Expires 1/26/2031.