Revised LAPM Chapter 12 – Required Federal-aid Contract Language
Earlier this week, [Office Bulletin DLA-OB 13–06][1] was issued to announce the revised [Chapter 12 (Plans, Specifications and Estimate)][2] of the Local Assistance Procedures Manual (LAPM). The chapter was updated in its entirety to reflect changes introduced with MAP–21 and the current Disadvantaged Business Enterprise (DBE) program.
In addition to revising existing LAPM exhibits ([12-D: PS&E Checklist][3] and [12-E: PS&E Checklist Instructions][4]), new ones were introduced to help local agencies comply with federal requirements ([12-G: Required Federal Contract Provisions][5] and [12-H: Sample Bid][6]).
Introducing LAPM Exhibits 12-G and 12-H
The new exhibits introduced with this [Office Bulletin][1] provides the most notable change to Local Assistance procedures. Until recently, the Division of Local Assistance maintained a standard [template][7] of provisions for inclusion with project contracts off the State Highway System (SHS). The sample [“boilerplate”][7], as it was commonly referred to as, was updated to include a Sample of Notice to Contractors and Special Provisions in accordance with the [Caltrans 2006 Standard Specifications][8].
The development of [LAPM Exhibit 12-G][5] eliminates the “boilerplate” as it now covers all federal contract provisions and language (e.g. DBE, Buy America, Prompt Payment, Form FHWA-1273, Title VI Assurances, etc) required on federal-aid highway construction contracts off the SHS. It combines the required provisions from the [Caltrans 2010 Standard Specifications][8][1] (and current Revised Standard Specifications) into a single document.
[LAPM Exhibit 12-H][6] contains the Equal Employment Opportunities certification, Public Contract Code requirements, Noncollusion Affidavit, and other federal certifications and disclosures to assist local agencies in preparing their contract documents.
What’s the impact to you?
There is no longer a sample [“boilerplate”][7] for editing and inserting into contract special provisions. [LAPM Exhibit 12-G “Required Federal Contract Language”][5], the new approach due to various standard specifications used by local agencies[2], serves as a guide for understanding all the required contract provisions for federal-aid highway construction projects. It will be the local agencies responsibility to ensure that these required federal provisions are included in their contract provisions.
The best way to ensure that happens is to accurately follow the PS&E Checklist ([LAPM Exhibit 12-D][3]). In the event of a review or audit, Section VII (Federal Requirements) will provide a quick reference for where all required federal language can located in project specifications.
I recommend reviewing the [Office Bulletin][1] if you haven’t yet, especially the exhibits that I’ve mentioned. PS&E packages submitted to the District for approval after September 30, 2013 must comply with the new procedures. If you come across other [LAPM Chapter 12][2] revisions that would be helpful to point out, please consider commenting below to share with other site visitors.