SCOPE OF WORK SECTION 104 26 work or as provided in the contract. This work is subject to the same contract conditions as the original contract work.
104.11 Value Engineering Proposals.
A.A contractor may submit a request to modify the contract for the purpose of reducing the total cost or the project duration, or both, providing that it does not reduce design capacity or the quality of the finished product. This request is called a Valu e Engineering Proposal (VEP). The contractor and the Department will share any cost savings resulting from a VEP on a 50 -50 basis. The purpose of a VEP is to encourage contractor innovation.
B.Do not base bid prices on an anticipated approval of a VEP because the Department may not accept the VEP.
C.The Department will notify the contractor if the Department determines that the time for responding to a VEP indicated in the submittal under 104.11. E.5is insufficient for review. Based on the additional time needed by the Department for review, and the effect on the contractor's schedule occasioned by the added time, the Department will evaluate the need for a contract time extension. The contractor s hall have no claim against the Department for contract delays based on the Department’s failure to respo nd within the time indicated in 104.11. E.5 if additional information is needed to complete the review. Until the proposal is accepted by the Department, the contractor remains obligated to the terms and conditions of the existing contract.
D.The Department will only consider VEPs that produce a savings in cost or time, or both, without impairing essential functions and characteristics of the facility, including service life, economy of operation, ease of maintenance, desired appearance, and safety.
E.Submit the following materials and information with each VEP:
1.A statement that the proposal is a VEP.
2.A description of the difference between the existing contract and the proposed change, the advantages and disadvantages between the existing contract and the VEP, including effects on service life, economy of operations, ease of maintenance, desired app earance, and safety.
3.A complete set of the plans and specifications showing the proposed revisions relative to the original contract features and requirements.
4.An analysis that includes the original estimated costs and quantities the VEP would replace compared to the new costs and quantities resulting from the VEP.
5.A statement specifying when the Department will need to issue a change order adopting the VEP so that the Department obtains the maximum cost or time benefit from the VEP.
6.A statement detailing the effect the VEP will have on contract time.
7.A description of any previous use or testing of the VEP and the conditions and results. If the contractor previously submitted the VEP on another Department project, indicate the date, the contract number, and the action taken by the Department.
F.The Department will consider a VEP only when the VEP meets all the following requirements:
1.The VEP, whether approved or not, applies only to the contract referenced in the VEP and becomes the Department’s property. The VEP shall not include restrictions on the Department’s use of the VEP. The Department retains the right to use any VEP or par t of a VEP on other SCOPE OF WORK SECTION 104 27 projects without obligation to the contractor. This provision is not intended to deny rights provided by law with respect to patented materials or processes.
2.If the Department is already considering certain revisions to the contract or has approved certain changes in the contract for general use that are subsequently incorporated in a VEP, the Department will reject the VEP and may proceed without obligation to the contractor.
3.The contractor shall have no right to claim against the Department for costs or delays due to the Department's rejection of a VEP.
4.The engineer is the sole judge as to whether a VEP qualifies for evaluation. The engineer may reject any VEP for any reason.
5.The Department will reject all or any portion of work performed under an approved VEP if the results are unsatisfactory in accordance with Section 105.15 , Claims Resolution . When the Department approves VEP modifications to adjust to field conditions or other conditions, the Department will limit reimbursement to the total amount payable to the contract unit bid prices as if it were constructed under the original contract re quirements or, in the case of a time -only VEP, the total amount of the VEP. The r ejection of unsatisfactory VEP work or limitation of reimbursement for such work shall not constitute the basis of any claim against the Department for costs or delays. The Department will not consider any claim based on contract changes as defined in Sect ion 104.2 , Contract Changes arising as a result of VEP acceptance.
6.Do not propose work containing experimental features. The contractor shall propose only proven features used under similar or acceptable conditions on other projects or locations.
7.Provide additional information needed to evaluate VEP. The Department will reject a VEP if the submittal of additional information is untimely. Contractor proposed design changes could require additional information including results of field investigat ions and surveys, design computations, and field change sheets.
8.A VEP proposing to change the type or thickness of the pavement structure will not be considered.
G.If the Department accepts the VEP, the Department will authorize the changes and payment with a change order. The Department will reimburse the contractor as follows:
1.The Department will incorporate changes into the contract by changes in quantities of unit bid items or new agreed price items.
2.The Department will pay the cost of the value engineering work as determined from the changes. In addition, the Department will pay the contractor 50 percent of the VEP savings calculated from the difference between the cost of the revised work and the cost of the original contract unit bid prices. If the VEP provides only a savings in time, the Department will make no additional payment to the contractor.
3.The Department will not reimburse the contractor's costs for development and design of the VEP.
4.The contractor may submit a VEP for an approved subcontractor.
104.12 Final Cleaning of Project Site; Maintenance and Cleanup of Staging Areas.
A.Before primary inspection , clean rubbish, excess materials, temporary structures, and equipment from the project, from any publicly owned borrow source used to complete the work, and from
Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 36–37 of 779.