| Location: | Georgia |
|---|---|
| Posted: | Jul 29, 2026 |
| Due: | Aug 7, 2026 |
| Agency: | Gwinnett County |
| Type of Government: | State & Local |
| Category: |
|
| Solicitation No: | IWQ 134178 INV |
| Publication URL: | To access bid details, please log in. |
Meal Packaging Film Roll
Buyer Contact : Casey.Beauston@GwinnettCounty.com
Opening Date : 08/07/2026 03:00 PM EST
| ITEM | TOTAL | |||||
| QTY | DESCRIPTION | MFG & NO. | DELIVERY A.R.O. | UNIT PRICE | ||
| # | PRICE | |||||
| 1 | 84 CS | Meal Packaging Film (16 rolls per case), compatible with 2103 Tray, Micro-perforated, Roll Width: 8.75", Roll Length: 1,461 ft, Roll Thickness: 50-gauge, Oliver Packaging Item #62099, or approved equivalent | $___________/case | $ |
DATE: July 29, 2026
QUOTE NUMBER: IWQ #134178
QUOTES SHOULD BE RECEIVED BY: 3:00 P.M. on August 7, 2026
Informal Written Quotations are being solicited from qualified suppliers for the following item(s). Informal Written
Quotations may be returned via email to: Casey.Beauston@GwinnettCounty.com or mailed to: Gwinnett County
Department of Financial Services, 2nd Floor - Purchasing Division, 75 Langley Drive, Lawrenceville, Georgia, 30046,
Attn: Casey Beauston. If you have any questions, please contact me at (770) 822-7995 or via email.
The following pages should be returned with your quote: Quote Schedule, Pages 1-2
Grant Forms, Pages 3-39
Delivery will be F.O.B. Destination, freight pre-paid and allowed to: Gwinnett County Health & Human Services, 567 Swanson Dr, Lawrenceville, GA 30043
ITEM TOTAL
QTY DESCRIPTION MFG & NO. DELIVERY A.R.O. UNIT PRICE
# PRICE
Meal Packaging Film (16 rolls per case), compatible with
2103 Tray, Micro-perforated, Roll Width: 8.75", Roll
1 84 CS $___________/case $
Length: 1,461 ft, Roll Thickness: 50-gauge, Oliver
Packaging Item #62099, or approved equivalent
NOTE:
* Unit Price MUST include all costs associated with this purchase INCLUDING SHIPPING/DELIVERY. The awarded supplier shall coordinate delivery with the Gwinnett
County Parks & Recreation Department.
* Delivery required between 7:30 A.M. and 3:00 P.M. Monday - Friday (excluding holidays).
* The use of brand name is not for restrictive purposes or to limit competition, but to assist suppliers in determining the standard of quality and basis of design
Gwinnett County is seeking. It shall be understood that items equaling or surpassing the quality level are also acceptable. Gwinnett County shall be the sole determinant
of acceptability of all approved equivalents. It is the supplier's responsibility to prove equivalent products equal or exceed the quality level of the product(s) specified.
* If quoting equivalent, please provide specifications page(s). Gwinnett County will have sole determination of whether an alternate product is acceptable. If an alternate
item is quoted, samples may be requested prior to award.
COMPANY NAME________________________________________________________________________________________________________
IWQ #134178 Page 2
Certification of Non-Collusion in Quote Preparation
Signature Date
In compliance with the attached specifications and the Instructions for Vendors, the undersigned offers and agrees, within ninety (90) days of the date of quote opening,
to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the
fee schedule. By submission of this quote, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select
their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in
the Instructions for Vendors.
Legal Business Name
Complete Address
Does your company currently have a location within Gwinnett County? Yes No
Representative Signature Printed Name
Telephone Number Fax Number E-mail Address
IWQ #134178
Page 3
REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
The following provisions are required and apply when federal funds are expended for any contract resulting
from this procurement process.
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation
adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or
legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions
and penalties as appropriate.
Pursuant to Federal Rule (A) above, when federal funds are expended, Gwinnett County reserves all rights
and privileges under the applicable laws and regulations with respect to this procurement in the event of
breach of contract by either party.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it
will be effected and the basis for settlement. (All contracts in excess of $10,000).
Pursuant to Federal Rule (B) above, when federal funds are expended, Gwinnett County reserves the right
to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in
the event of a breach or default of the agreement by Vendor, in the event vendor fails to: (1) meet
schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation,
contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance
with the contract and/or the procurement solicitation. Gwinnett County also reserves the right to terminate
the contract immediately, with written notice to vendor, for convenience, if Gwinnett County believes, in its
sole discretion that it is in the best interest of Gwinnett County to do so. The vendor will be compensated
for work performed and accepted and goods accepted by Gwinnett County as of the termination date if
the contract is terminated for convenience of Gwinnett County. Any award under this procurement
process is not exclusive and Gwinnett County reserves the right to purchase goods and services from
other vendors when it is in the best interest of Gwinnett County.
IWQ #134178
Page 4
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet
the definition of "federally assisted construction contract" in 41 CFR Part 60- 1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by
Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
Pursuant to Federal Rule (C) above, when federal funds are expended by Gwinnett County on any federally
assisted construction contract, the equal opportunity clause is incorporated by reference herein.
Does vendor agree to abide by the above?
YES ________ Initials of Authorized Representative of vendor
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all
prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for
compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department
of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a
week. The nonfederal entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported
violations to the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal
entity must report all suspected or reported violations to the Federal awarding agency.
Pursuant to Federal Rule (D) above, when federal funds are expended by Gwinnett County, during the term
of an award for all contracts and subgrants for construction or repair, the vendor will be in compliance
with all applicable Davis-Bacon Act provisions.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
IWQ #134178
Page 5
must be required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when federal funds are expended by Gwinnett County, the vendor
certifies that during the term of an award for all contracts by Gwinnett County resulting from this
procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work
Hours and Safety Standards Act.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
"funding agreement" under 37 CFR 401.2 (a) and the recipient or subrecipient wishes to enter into a contract
with a small business firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding agreement," the recipient or
subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the awarding agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Gwinnett County, the vendor
certifies that during the term of an award for all contracts by Gwinnett County resulting from this
procurement process, the vendor agrees to comply with all applicable requirements as referenced in
Federal Rule (F) above.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387),
as amended-Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires
the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
Pursuant to Federal Rule (G) above, when federal funds are expended by Gwinnett County, the vendor
certifies that during the term of an award for all contracts by Gwinnett County resulting from this
procurement process, the vendor agrees to comply with all applicable requirements as referenced in
Federal Rule (G) above.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
(H) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220)
must not be made to parties listed on the government wide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
IWQ #134178
Page 6
Pursuant to Federal Rule (H) above, when federal funds are expended by Gwinnett County, the vendor
certifies that during the term of an award for all contracts by Gwinnett County resulting from this
procurement process, the vendor certifies that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any
federal department or agency.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by
31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the nonfederal award.
Pursuant to Federal Rule (I) above, when federal funds are expended by Gwinnett, the vendor certifies that
during the term and after the awarded term of an award for all contracts by Gwinnett County resulting
from this procurement process, the vendor certifies that it is in compliance with all applicable provisions
of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of congress, or an employee of a Member of Congress in connection
with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the
entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of a Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of congress, or an employee of a Member of Congress in connection with this Federal
grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and
that all subrecipients shall certify and disclose accordingly.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
(J) 635.116 Subcontracting and contractor responsibilities-(a) Contracts for projects shall specify the
minimum percentage of work that a contractor must perform with its own organization. This percentage shall
be not less than 30 percent of the total original contract price excluding any identified specialty items. Specialty
items may be performed by subcontract and the amount of any such specialty items so performed may be
| (b) The STD shall not permit any of the contract work to be performed under a subcontract, unless such |
|---|
| arrangement has been authorized by the STD in writing. Prior to authorizing a subcontract, the STD shall assure |
| that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of |
| the prime contract. The Division Administrator may permit the STD to satisfy the subcontract assurance |
| requirements by concurrence in a STD process which requires the contractor to certify that each subcontract |
| arrangement will be in the form of a written agreement containing all the requirements and pertinent provisions |
| of the prime contract. Prior to the Division Administrator's concurrence, the STD must demonstrate that it has |
| an acceptable plan for monitoring such certifications. |
| (c) To assure that all work (including subcontract work) is performed in accordance with the contract |
| requirements, the contractor shall be required to furnish: |
| (1) A competent superintendent or supervisor who is employed by the firm, has full authority to direct |
|---|
| performance of the work in accordance with the contract requirements, and is in charge of all construction |
| operations (regardless of who performs the work), and; |
| (2) Such other of its own organizational resources (supervision, management, and engineering services) as |
| the STD contracting officer determines are necessary to assure the performance of the contract. |
| (1) The provisions of paragraph (a) of this section are not applicable to design-build contracts; |
|---|
| (2) At their discretion, the STDs may establish a minimum percentage of work that must be done by the |
| design-builder. For the purpose of this section, the term design-builder may include any firms that are equity |
| participants in the design-builder, their sister and parent companies, and their wholly owned subsidiaries; |
| (3) No procedure, requirement or preference shall be imposed which prescribes minimum subcontracting |
| requirements or goals (other than those necessary to meet the Disadvantaged Business Enterprise program |
| requirements of 49 CFR part 26). |
IWQ #134178
Page 7
deducted from the total original contract before computing the amount of work required to be performed by the
contractor's own organization. The contract amount upon which the above requirement is computed includes
the cost of materials and manufactured products which are to be purchased or produced by the contractor
under the contract provisions.
(b) The STD shall not permit any of the contract work to be performed under a subcontract, unless such
arrangement has been authorized by the STD in writing. Prior to authorizing a subcontract, the STD shall assure
that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of
the prime contract. The Division Administrator may permit the STD to satisfy the subcontract assurance
requirements by concurrence in a STD process which requires the contractor to certify that each subcontract
arrangement will be in the form of a written agreement containing all the requirements and pertinent provisions
of the prime contract. Prior to the Division Administrator's concurrence, the STD must demonstrate that it has
an acceptable plan for monitoring such certifications.
(c) To assure that all work (including subcontract work) is performed in accordance with the contract
requirements, the contractor shall be required to furnish:
(1) A competent superintendent or supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract requirements, and is in charge of all construction
operations (regardless of who performs the work), and;
(2) Such other of its own organizational resources (supervision, management, and engineering services) as
the STD contracting officer determines are necessary to assure the performance of the contract.
(d) In the case of a design-build project, the following requirements apply:
(1) The provisions of paragraph (a) of this section are not applicable to design-build contracts;
(2) At their discretion, the STDs may establish a minimum percentage of work that must be done by the
design-builder. For the purpose of this section, the term design-builder may include any firms that are equity
participants in the design-builder, their sister and parent companies, and their wholly owned subsidiaries;
(3) No procedure, requirement or preference shall be imposed which prescribes minimum subcontracting
requirements or goals (other than those necessary to meet the Disadvantaged Business Enterprise program
requirements of 49 CFR part 26).
Pursuant to Federal Rule (J) above, when federal funds are expended by Gwinnett County, the vendor
certifies that during the term of an award for all contracts by Gwinnett County resulting from this
procurement process, the vendor agrees to comply with all applicable requirements as referenced in
Federal Rule (J) above.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
(K) 635.108 Health and safety-Contracts for projects shall include provisions designed:(a) To insure full
compliance with all applicable Federal, State, and local laws governing safety, health and sanitation; and(b) To
require that the contractor shall provide all safeguards, safety devices, and protective equipment and shall take
any other actions reasonably necessary to protect the life and health of persons working at the site of the
project and the safety of the public and to protect property in connection with the performance of the work
covered by the contract.
IWQ #134178
Page 8
Pursuant to Federal Rule (K) above, when federal funds are expended by Gwinnett County, the vendor
certifies that during the term of an award for all contracts by Gwinnett County resulting from this
procurement process, the vendor agrees to comply with all applicable requirements as referenced in
Federal Rule (K) above.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
(L) Certification Regarding Compliance with O.C.G.A. 50-5-85-Grantee certifies that it is not currently
engaged in, and agrees for the duration of this Grant not to engage in, a boycott of Israel as defined in O.C.G.A.
50-5-85.
Pursuant to Federal Rule (L) above, when federal funds are expended by Gwinnett County, the vendor
certifies that it is not currently engaged in, and agrees for the duration of this Grant not to engage in, a
boycott of Israel as defined in O.C.G.A. 50-5-85. Grantee further agrees that this certification is
incorporated into Grant # _____________ as if completely restated herein.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
(M) Drug Free Workplace Compliance with O.C.G.A. 50-24-3 (2010)
(A) Drug-free Workplace. The Contractor/Grantee hereby certifies as follows:
(1) Contractor/Grantee will not engage in the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana during the performance of this Contract; and
(2) If Contractor/Grantee has more than one employee, including Contractor, Contractor shall provide
for such employee(s) a drug-free workplace program, in accordance with the Georgia Drug-free
Workplace Act as provided in O.C.G.A. Section 50-24-1 et seq., throughout the duration of this Contract;
and
(3) Contractor/Grantee will secure from any subcontractor hired to work on any job assigned under this
Contract the following written certification: "As part of the subcontracting agreement with (Contractor's
Name), (Subcontractor's Name) certifies to the contractor that a drug-free workplace program will be
provided for the subcontractor's employees during the performance of this Contract pursuant to
paragraph 7 of subsection (b) of Code Section 50-24-3."
(B) Contractor may be suspended, terminated, or debarred if it is determined that:
(1) Contractor has made false certification herein above; or
(2) Contractor has violated such certification by failure to carry out the requirements of O.C.G.A.
Section 50-24-3(b).
Pursuant to Federal Rule (M) above, when federal funds are expended by Gwinnett County, the vendor
certifies that during the term of an award for all contracts by Gwinnett County resulting from this
IWQ #134178
Page 9
procurement process, the vendor agrees to comply with all applicable requirements as referenced in
Federal Rule (M) above.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
(N) 635.109 Standardized Changed Condition Clauses
(A) Except as provided in paragraph (b) of this section, the following changed conditions contract clauses shall
be made part of, and incorporated in, each highway construction project, including construction services
contracts of CM/GC projects, approved under 23 U.S.C. 106:
(1) Differing site conditions.
(i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site
differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent in the work
provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly
notify the other party in writing of the specific differing conditions before the site is disturbed and before the
affected work is performed.
(ii) Upon written notification, the engineer will investigate the conditions, and if it is determined that the
conditions materially differ and cause an increase or decrease in the cost or time required for the performance
of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract
modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an
adjustment of the contract is warranted.
(iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has
provided the required written notice.
(iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This
provision may be omitted by the STD's at their option.)
(2) Suspensions of work ordered by the engineer.
(i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an
unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and
the contractor believes that additional compensation and/or contract time is due as a result of such suspension
or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar
days of receipt of the notice to resume work. The request shall set forth the reasons and support for such
adjustment.
(ii) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or
time required for the performance of the contract has increased as a result of such suspension and the
suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or
subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment
(excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the
engineer's determination whether or not an adjustment of the contract is warranted.
IWQ #134178
Page 10
(iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment
within the time prescribed.
(iv) No contract adjustment will be allowed under this clause to the extent that performance would have been
suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other
term or condition of this contract.
(3) Significant changes in the character of work.
(i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities
and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in
quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to
perform the work as altered.
(ii) If the alterations or changes in quantities significantly change the character of the work under the contract,
whether such alterations or changes are in themselves significant changes to the character of the work or by
affecting other work cause such other work to become significantly different in character, an adjustment,
excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon
prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either
for or against the contractor in such amount as the engineer may determine to be fair and equitable.
(iii) If the alterations or changes in quantities do not significantly change the character of the work to be
performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
(iv) The term "significant change" shall be construed to apply only to the following circumstances:
(A) When the character of the work as altered differs materially in kind or nature from that involved or included
in the original proposed construction; or
(B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or
decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall
apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease
below 75 percent, to the actual amount of work performed.
(b) The provisions of this section shall be governed by the following:
(1) Where State statute does not permit one or more of the contract clauses included in paragraph (a) of this
section, the State statute shall prevail and such clause or clauses need not be made applicable to Federal-aid
highway contracts.
(2) Where the State transportation department has developed and implemented one or more of the contract
clauses included in paragraph (a) of this section, such clause or clauses, as developed by the State
transportation department may be included in Federal-aid highway contracts in lieu of the corresponding clause
or clauses in paragraph (a)of this section. The State's action must be pursuant to a specific State statute
requiring differing contract conditions clauses. Such State developed clause or clauses, however, must be in
conformance with 23 U.S.C., 23 CFR and other applicable Federal statutes and regulations as appropriate and
shall be subject to the Division Administrator's approval as part of the PS&E.

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