FHWA FP-24Public Domain

Section 106 — Acceptance of Work

Division 100 — General Requirements|PDF pages 47–58

106.01Conformity with Contract Requirements. Follow the requirements of FAR Clause 52.246- 12 Inspection of Construction. References to standa rd documents and test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the documents and methods in effect on the date of the Invitation for Bids (IFB) or Request for Proposal (RFP). Use the FLH Testing Forms for reporting materials test results unless otherwise approved. Use the FLH Test Methods in effect on the date of the IFB or RFP for testing materials , when applicable. Use ASTM E29, Absolute Method, for test results and related calculations. Perform work to the lines, g rades, cross- sections, dimensions, and processes or material requirements shown in the contract. Incorporate manufactured material into the work according to the manufacturer’s recommendations or to these specifications, whichever is stricter. If standard manufactured items are specified (such as fence, wire, plates, rolled shapes, and pipe conduits that are identified by gauge, density, or section dimensions) the tolerances for masses or dimensions will be established manufacturing tolerances unless otherwise noted. Plan dimensions and contract specification values are the values to be strived for and complied with as the design values from which deviations are allowed. Perform work and provide material that is uniform in character and reasonably close to the prescribed value or within the specified tolerance range. The purpose of a tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable fo r practical reasons. Perform process control testing as required. Do not rely on the availability of Government test results for process control. The Government may inspect, sample, or test any work, at any time before acceptance of the entire work. If the Government tests work, copies of test reports will be provided to the Contractor upon request. Government tests may or may not be performed at the work site. Work will be evaluated for conformance to contract requirements and will be designated as follows:

(a)Conforming work. Acceptable work conforming to the Contract will be paid for at the contract price per unit of measurement. Four methods of determining conformity and accepting work are described in Subsections 106.02 through 106.05. The primary method of acceptance is specified in the Acceptance Subsection of each Section, but work may be rejected if it is found not to comply with the contract.

(b)Nonconforming work. Remove, repair, or replace work at no additional cost to the Government that does not conform to the contract or to prevailing industry standards where no specific contract requirements are noted. Provide temporary traffic control and perform other related work to correct nonconformities at no additional cost to the Government. As an alternative to removal and replacement, the Contractor may submit a written request for approval that includes the following:

(1)Alternatives.

(a)Have the work accepted at a reduced price; or

(b)Perform corrective measures to bring the work into conformity.

(2)Supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

106.02Visual Inspection. Acceptance is based on visual inspection of the work for compliance with the contract. Use prevailing industry standards in the absence of specific contract requirements or tolerances. Material accepted by visual inspection may be sampled and tested for co nformance.

106.03Certification. For material manufactured off site, use a manufacturer with an ISO 9000 certification or a n approved testing and inspection system. Require the manufacturer to clearly mark the material or packaging with a unique product identification or specification standard to which it is produced. Other than references in or to the FAR or Federal Law, when the Standard Specifications or Special Contract Requireme nts reference certifications, certificates, certified documents, equipment , or individuals; the references refer to documentation of non -regulatory, peripheral contract requirements that are required to be validated by an individual or organization having unique knowledge or qualifications to perform such validation. Check certifications before incorporating the material into the work to ensure that the requirements of the contract have been met. Mark the certifications with the following information: proje ct number and name; pay item number and description; c ontractor’s signature; and date. Material accepted by certification may be sampled and tested for conformance. Provide a commercial certification unless a production certification is identified in the Acceptance Subsection.

(a)Commercial certification. A commercial certification is a manufacturer’s or Contractor’s representation that the material complies with the contract. The representation may be labels, catalog data, stamped specification standards, or supplier’s certifications indicating the material is produced to a commercial standard or specification. Submit one commercial certification for similar material from the same manufacturer.

(b)Production ce rtification. A production certification is a supplier’s certification that the material has been produced to a specific standard and is accompanied by test data performed within the past 31 12 months and other information as described below to support that the material complies with the contract. Submit a production certification from the manufacturer for each shipment of material. Include the following:

(1)Date and place of manufacture;

(2)Lot number or other means of cross -referen cing to the manufacturer’s inspection and testing system; and

(3)Substantiating evidence that the material conforms to the contract as required by FAR 46.105(a)(4), including the following:

(a)Test results on material from the same lot and documentation of the inspection and testing system;

(b)A statement from the manufacturer that the material complies with the contract; and

(c)Manufacturer’s signature or other means of demonstrating accountability for the certification.

106.04Measured or Tested Conformance. Perform necessary measurements and tests to ensure work complies with the contract. Use prevailing industry standards in the absence of contract requirements or tolerances. Submit measurements, tests, and supporting data for acceptance. If Government testing is performed on work, the results may be used for acceptance purposes. 106.05 Statistical Evaluation of Work and Determination of Pay Factor. Statistical evaluation of work is a method of analyzing inspection or test results to determine conformity with the contract. Use the computer program, QL -Pay, to determine percent within limits and pay factors. The work will be accepted as follows:

(a)General. For work evaluated based on statistical evaluation, both the Government and Contractor assume some risk. The Government’s risk is the probability that work of a rejectable quality level is accepted. The Contractor’s risk is either the probability that work produced at an acceptable quality level (AQL) is rejected (α) or the probability that the work produced at the AQL is accepted at less than the contract unit price. Acceptable quality level is the lowest percentage of work within the specifi cation limits that is considered acceptable for payment at contract unit price. There are two categories: category I is based on an AQL of 95 percent and category II is based on an AQL of 90 percent. In both cases, the Contractor’s risk is 5 percent and the risk of rejection is significantly lower. As an incentive to produce uniform quality work and to offset the Contractor’s risk, a final payment greater than the contract unit price may be obtained under certain conditions. The quality characteristics to b e evaluated, sampling frequency, sampling location, test methods, and category are listed in the Acceptance Subsection of each Section. The following applies:

(1)Lot size. A lot is a discrete quantity of work to which the statistical evaluation procedure is applied. A lot normally represents the total quantity of work produced. More than one lot may occur if changes in the target values, material sources, or JMF are requested in writing and approved.

(2)Sampling frequency. The frequency rate shown normally requir es at least 5 samples. The minimum required to perform a statistical evaluation is 3 samples. The maximum obtainable pay factor with 3, 4, or 5 samples is 1.01. At least 8 samples are required to obtain a 1.05 pay factor. If the sampling frequencies and quantity of work would otherwise result in fewer than 8 samples, submit a written request to increase the sampling frequency to provide for at least 8 samples. Submit the request to increase the sampling frequency at least 48 hours before starting production . An increase in the sampling frequency may result in a reduced pay factor. (3) Sampling location. The exact location of sampling will be determined by the CO based on random numbers. (4) Specification limits. The specification limits for the quality characteristics are listed in the contract for the work in question. If Contractor testing and inspection are verified by the Government, the Contractor’s results may be used by the Government to evaluate work for acceptance. Contractor data will be verified using the F - and t -test statistics in comparison to Government test results at a significance level of 0.0 1. If the Contractor’s data is not verified and the CO determines it to be appropriate, the Government will perform tests associated for that discrete portion of work. In this situation, the Government test results will control in determining the acceptabi lity and pay factor of the work.

(b)Acceptance. The final pay factor for the work in a lot will not be determined until inspections and test results are completed and evaluated. Before determining the final pay factor, the work may be incorporated in the project provided the current pay factor does not fall below 0.90. If a lot is concluded with fewer than 3 samples, the material will be evaluated under Subsection 106.04. If the current pay factor of a lot falls below 0.90, sto p production. Resume production after effective and acceptable actions to improve quality have occurred. A lot containing an unsatisfactory percentage of non- specification material (less than 1.0 0 pay factor) is accepted provided the lowest single pay fact or has not fallen into the reject portion shown in Table 106-2. A lot containing an unsatisfactory percentage of non- specification material with the lowest single pay factor falling into the reject portion shown in Table 106-2 is rejected. Remove rejected material from the work. 33 If approved, it is permissible to voluntarily remove non- specification material and replace it with new material to avoid or minimize a pay factor of less than 1.00. Sample and tes t new material according to this Subsection. New material will be evaluated according to this Subsection. Any quantity of material may be rejected based on visual inspection or test results. Do not incorporate rejected material in the work. The results of tests run on rejected material will be excluded from the lot.

(c)Statistical evaluation. The estimated percentage of work that is within the specification limits for each quality characteristic will be determined as follows:

(1)Calculate the arithmetic mean ( 𝑥𝑥̅) of the test values: 𝑥𝑥̅=∑𝑥𝑥 𝑛𝑛 where: ∑ = summation of: x = individual test value n = total number of test values

(2)Calculate the standard deviation s: 𝑠𝑠=�𝑛𝑛∑(𝑥𝑥2) − (∑𝑥𝑥)2 𝑛𝑛(𝑛𝑛− 1) where: ∑(x2) = summation of the squares of individual test values (∑x)2 = summation of the individual test values squared

(3)Calculate the upper quality index ( QU): QU=𝑈𝑈𝑈𝑈𝑈𝑈 − 𝑥𝑥̅ 𝑠𝑠 where: USL = upper specification limit The USL is equal to the contract specification limit or the target value plus the allowable deviation.

(4)Calculate the lower quality index ( QL): 𝑄𝑄𝐿𝐿=𝑥𝑥̅ − 𝑈𝑈𝑈𝑈𝑈𝑈 𝑠𝑠 where: LSL = lower specification limit The LSL is equal to the contract specification limit or the target value minus the allowable deviation.

(5)From Table 106-1, determine P U (the estimated percentage of work within the USL). PU corresponds to a given Q U. If a USL is not specified, P U is 100.

(6)From Table 106-1, determine P L (the estimated percentage of work within the lot within the LSL). PL corresponds to a given Q L. If an LSL is not specified, P L is 100.

(7)Calculate the total estimated percentage of work within the USL and LSL: PU + P L - 100

(8)Repeat steps 1 through 7 for each quality characteristic listed for statistical evaluation. 35 Table 106-1 Estimated Percent of Work Within Specification Limits

Estimated Percent within

Specification Limits

(PU or P L) Upper Quality Index Q U or Lower Quality Index Q L n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 to n=11 n=12 to n=14 100 1.16 1.49 1.72 1.88 1.99 2.07 2.13 2.20 2.28 99 – 1.46 1.64 1.75 1.82 1.88 1.91 1.96 2.01 98 – 1.43 1.58 1.66 1.72 1.75 1.78 1.81 1.84 97 1.15 1.40 1.52 1.59 1.63 1.66 1.68 1.71 1.73 96 – 1.37 1.47 1.52 1.56 1.58 1.60 1.62 1.64 95 1.14 1.34 1.42 1.47 1.49 1.51 1.52 1.54 1.55 94 – 1.31 1.38 1.41 1.43 1.45 1.46 1.47 1.48 93 1.13 1.28 1.33 1.36 1.38 1.39 1.40 1.41 1.41 92 1.12 1.25 1.29 1.31 1.33 1.33 1.34 1.35 1.35 91 1.11 1.22 1.25 1.27 1.28 1.28 1.29 1.29 1.30 90 1.10 1.19 1.21 1.23 1.23 1.24 1.24 1.24 1.25 89 1.09 1.16 1.18 1.18 1.19 1.19 1.19 1.19 1.20 88 1.07 1.13 1.14 1.14 1.15 1.15 1.15 1.15 1.15 87 1.06 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.11 86 1.04 1.07 1.07 1.07 1.07 1.06 1.06 1.06 1.06 85 1.03 1.04 1.03 1.03 1.03 1.03 1.02 1.02 1.02 84 1.01 1.01 1.00 0.99 0.99 0.99 0.99 0.98 0.98 83 0.99 0.98 0.97 0.96 0.95 0.95 0.95 0.95 0.94 82 0.97 0.95 0.93 0.92 0.92 0.92 0.91 0.91 0.91 81 0.95 0.92 0.90 0.89 0.88 0.88 0.88 0.87 0.87 80 0.93 0.89 0.87 0.86 0.85 0.85 0.84 0.84 0.84 79 0.91 0.86 0.84 0.82 0.82 0.81 0.81 0.81 0.80 78 0.88 0.83 0.81 0.79 0.79 0.78 0.78 0.77 0.77 77 0.86 0.80 0.77 0.76 0.75 0.75 0.74 0.74 0.74 76 0.83 0.77 0.74 0.73 0.72 0.72 0.71 0.71 0.70 75 0.81 0.74 0.71 0.70 0.69 0.69 0.68 0.68 0.67 74 0.78 0.71 0.68 0.67 0.67 0.65 0.65 0.65 0.64 73 0.75 0.68 0.65 0.64 0.63 0.62 0.62 0.62 0.61 72 0.73 0.65 0.62 0.61 0.60 0.59 0.59 0.59 0.58 71 0.70 0.62 0.59 0.58 0.57 0.57 0.56 0.56 0.55 70 0.67 0.59 0.56 0.55 0.54 0.54 0.53 0.53 0.52 69 0.64 0.56 0.53 0.52 0.51 0.51 0.50 0.50 0.50 68 0.61 0.53 0.50 0.49 0.48 0.48 0.48 0.47 0.47 67 0.58 0.50 0.47 0.46 0.45 0.45 0.45 0.44 0.44 66 0.55 0.47 0.45 0.43 0.43 0.42 0.42 0.42 0.41 65 0.51 0.44 0.42 0.40 0.40 0.39 0.39 0.39 0.38 64 0.48 0.41 0.39 0.38 0.37 0.37 0.36 0.36 0.36 63 0.45 0.38 0.36 0.35 0.34 0.34 0.34 0.33 0.33 62 0.41 0.35 0.33 0.32 0.32 0.31 0.31 0.31 0.30 61 0.38 0.30 0.30 0.30 0.29 0.28 0.28 0.28 0.28 60 0.34 0.28 0.28 0.25 0.25 0.25 0.25 0.25 0.25 59 0.31 0.27 0.25 0.23 0.23 0.23 0.23 0.23 0.23 58 0.30 0.25 0.23 0.20 0.20 0.20 0.20 0.20 0.20 57 0.25 0.20 0.18 0.18 0.18 0.18 0.18 0.18 0.18 56 0.20 0.18 0.16 0.15 0.15 0.15 0.15 0.15 0.15 55 0.18 0.15 0.13 0.13 0.13 0.13 0.13 0.13 0.13 54 0.15 0.13 0.10 0.10 0.10 0.10 0.10 0.10 0.10 53 0.10 0.10 0.08 0.08 0.08 0.08 0.08 0.08 0.08 52 0.08 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 51 0.05 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Note: If the value of Q U or Q L does not correspond to a value in the table, use the next lower Q value. If Q U or Q L are negative values, P U or P L is equal to 100 minus the table value for P U or P L. Table 106- 1 (continued) Estimated Percent of Work Within Specification Limits

Estimated Percent

within

Specification Limits

(PU or P L) Upper Quality Index Q U or Lower Quality Index Q L n=15 to n=17 n=18 to n=22 n=23 to n=29 n=30 to n=42 n=43 to n=66 n=67 to ∞ 100 2.34 2.39 2.44 2.48 2.51 2.56 99 2.04 2.07 2.09 2.12 2.14 2.16 98 1.87 1.89 1.91 1.93 1.94 1.95 97 1.75 1.76 1.78 1.79 1.80 1.81 96 1.65 1.66 1.67 1.68 1.69 1.70 95 1.56 1.57 1.58 1.59 1.59 1.60 94 1.49 1.50 1.50 1.51 1.51 1.52 93 1.42 1.43 1.43 1.44 1.44 1.44 92 1.36 1.36 1.37 1.37 1.37 1.38 91 1.30 1.30 1.31 1.31 1.31 1.31 90 1.25 1.25 1.25 1.25 1.26 1.26 89 1.20 1.20 1.20 1.20 1.20 1.20 88 1.15 1.15 1.15 1.15 1.15 1.15 87 1.11 1.11 1.11 1.11 1.11 1.11 86 1.06 1.06 1.06 1.06 1.06 1.06 85 1.02 1.02 1.02 1.02 1.02 1.02 84 0.98 0.98 0.98 0.98 0.98 0.98 83 0.94 0.94 0.94 0.94 0.94 0.94 82 0.91 0.90 0.90 0.90 0.90 0.90 81 0.87 0.87 0.87 0.87 0.87 0.87 80 0.83 0.83 0.83 0.83 0.83 0.83 79 0.80 0.80 0.80 0.80 0.80 0.79 78 0.77 0.76 0.76 0.76 0.76 0.76 77 0.73 0.73 0.73 0.73 0.73 0.73 76 0.70 0.70 0.70 0.70 0.70 0.70 75 0.67 0.67 0.67 0.67 0.67 0.66 74 0.64 0.64 0.64 0.64 0.64 0.63 73 0.61 0.61 0.61 0.61 0.61 0.60 72 0.58 0.58 0.58 0.58 0.58 0.57 71 0.55 0.55 0.55 0.55 0.55 0.54 70 0.52 0.52 0.52 0.52 0.52 0.52 69 0.49 0.49 0.49 0.49 0.49 0.49 68 0.47 0.46 0.46 0.46 0.46 0.46 67 0.44 0.44 0.43 0.43 0.43 0.43 66 0.41 0.41 0.41 0.41 0.41 0.40 65 0.38 0.38 0.38 0.38 0.38 0.38 64 0.36 0.35 0.35 0.35 0.35 0.35 63 0.33 0.33 0.33 0.33 0.33 0.32 62 0.30 0.30 0.30 0.30 0.30 0.30 61 0.28 0.28 0.28 0.28 0.28 0.28 60 0.25 0.25 0.25 0.25 0.25 0.25 59 0.23 0.23 0.23 0.23 0.23 0.23 58 0.20 0.20 0.20 0.20 0.20 0.20 57 0.18 0.18 0.18 0.18 0.18 0.18 56 0.15 0.15 0.15 0.15 0.15 0.15 55 0.13 0.13 0.13 0.13 0.13 0.13 54 0.10 0.10 0.10 0.10 0.10 0.10 53 0.08 0.08 0.08 0.08 0.08 0.08 52 0.05 0.05 0.05 0.05 0.05 0.05 51 0.03 0.03 0.03 0.03 0.03 0.03 50 0.00 0.00 0.00 0.00 0.00 0.00 Note: If the value of Q U or Q L does not correspond to a value in the table, use the next lower Q value. If Q U or Q L are negative values, P U or P L is equal to 100 minus the table value for P U or P L. Table 106-2

Pay Factors

PAY FACTOR Minimum Required Percent of Work Within Specification Limits for a Given Pay Factor PU + P L - 100

Pay Factors

PAY FACTOR Minimum Required Percent of Work Within Specification Limits for a Given Pay Factor PU + P L - 100

Values less t han those shown above

Note: If the value of PU + P L - 100 does not correspond to a PU + P L - 100 value in this table, use the next smaller PU + P L - 100 value.

(d)Pay factor determination (value of the work). The pay factor for a lot will be determined as follows:

(1)The pay factor for each quality characteristic will be determined from Table 106 -2 using the total number of test values and the total estimated percentage within the specification limits from Subsecti on 106.05(c)(7) .

(2)When all quality characteristics for a lot are Category I, the lot pay factor is based on the lowest single pay factor for any Category I quality characteristic. The maximum obtainable pay factor is 1.05.

(3)When quality characteristics for a lot are both Category I and II, the lot pay factor is based on the following:

(a)When all Category II quality characteristics are 1.00, the lot pay factor is based on the lowest single pay factor for all Category I characteristics. The maximum obtainable pay factor is 1.05.

(b)When any Category II quality characteristic is less than 1.00, the lot pay factor is based on the lowest single pay factor for any Category I or II quality characteristic.

(4)When all quality characteristics for a lot are Category II, the lot pay factor is based on the lowest single pay factor for any Category II quality characteristic. The maximum obtainable pay factor is 1.00.

(5)Adjusted payment for material in a lot will be made at a price determined by multiplying the contract unit price by the lot pay factor as determined above, or as described in the Payment Subsection of the Section ordering the work.

106.06Partial and Final Acceptance. Maintain the work during construction and until the project is accepted. Repair damage before final acceptance of the entire project at no additional cost to the Government. See FAR Clause 52.236-11 Use and Possession Prior to Completion.

(a)Partial acceptance. When a segment of the project is completed, a final inspection of that segment may be requested by the Contractor . If the segment is complete and in compliance with the contract, it may be accepted. If accepted, t he CO may relieve the Contractor of further responsibility for maintenance of the completed segment. When public traffic is accommodated through construction and starts using sections of roadway as they are completed, continue maintenance of such sections until final acceptance.

(b)Final acceptance. Notify the CO when the entire project is complete to schedule an inspection. If work is determined to be complete, the inspection will constitute the final inspection. The Contractor will be notified in writing of final acceptance as of the date of the final inspection. Final acceptance relieves the Contractor of further responsibility for the maintenance of the project. If the inspection discloses unsatisfactory work, t he CO will provide to the Contractor a list of the work that is incomplete or requires correction. Immediately complete or correct the work. Submit notification when the work has been completed.

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