Section Env-Wq 510.05 - Awarding Construction Contracts(a) The recipient of financial assistance from the CWSRF 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-Wq 510.03 unless a change has been approved pursuant to Env-Wq 510.06.(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 to the department in writing:(1) A revised, detailed total project cost estimate of eligible project costs, including construction, construction administration, and other costs;(2) Evidence of advertisement for bids;(3) A tabulation of all bids that were received;(4) 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;(5) A copy of the bid proposal of the bidder to whom the contract is planned to be awarded;(6) An itemized breakdown of bid quantities and associated costs eligible for CWSRF participation;(7) For projects funded under §211 or §212 or both of the CWA, certification that the loan recipient has retained an engineer that is prequalified by the department under Env-C 500 to provide construction phase engineering services;(8) Documentation assuring bidder compliance with EPA's Disadvantaged Business Enterprise (DBE) participation requirements, 40 CFR Part 33 , or other federal requirements for contracting with disadvantaged business enterprises, including but not limited to those specified in 2 CFR § 200.321, as applicable, including bidding specifications, procurement efforts, and reporting accountabilities; and(9) 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 CWSRF program, following receipt of approval from the department the recipient shall execute a construction contract with the selected contractor.N.H. Code Admin. R. Env-Wq 510.05
(See Revision Note #2 at chapter heading for Env-Wq 500) #9394, INTERIM, eff 3-1-09, EXPIRES: 8-28-09; ss by #9531, eff 8-26-09
Amended by Volume XXXV Number 49, Filed December 10, 2015, Proposed by #10984, Effective 12/1/2015, Expires12/1/2025.Amended by Number 2, Filed January 12, 2023, Proposed by #13511, Effective 12/20/2022, Expires 12/20/2032.