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a contract for the construction of a power

Findings of Fact line was determined to be reasonable and, based upon a site investigation, the con

The contract," awarded on Septractor had reason to suspect that the tember 2, 1970, is in the estimated Government's estimate of the amount of

amount of $1,219,815 and calls for access road was substantially under

the construction of the Bandonstated, but the Government withheld the specific list of access roads which prior

Gold Beach 230/115 KV Line No. to the issuance of the invitation it had 2 in Coos and Curry Counties, Oredetermined were necessary for its needs gon. The line is approximately 52 and for which payment would be made, miles long. For most of its length, the Board holds that the Government's

the line parallels the existing Banfailure to disclose material information in its possession prior to bid overcame

don-Port Orford and Port Orthe consequences normally attributable

ford-Gold Beach 115 KV Lines. to a bidder who fails to make inquiry Prospective bidders were advised concerning an apparent conflict between

that clearing of right-of-way and the estimated quantity and the results of

construction of designated access the site investigation.

roads was being performed under a APPEARANCES: Mr. Robert W. Win- separate contract under which comston, Jr., Attorney at Law, Winston, pletion might be extended until Cashatt, Repsold, McNichols, Connelly approximately April 1, 1971, and & Driscoll, Spokane, Washington, for that certain tracts of the right-ofappellant; Mr. David E. Lofgren, Jr.,

way would not be available until Department Counsel, Portland, Oregon, specified dates. The contract infor the Government.

cluded Standard Form 23-A (June OPINION BY MR. NISSEN 1964 Edition) with revisions not INTERIOR BOARD OF

pertinent here.

Resolution of the controversy inCONTRACT APPEALS

volves the interpretation of contract Under a contract for the construction of a power line, appellant provisions. The various items of struction of a power line, appellant work in the invitation were divided seeks compensation at the contract unit price for the improvement of

into two groups: Group A, Access additional

access roads beyond Roads and Group B, Line Constructhose designated for improvement tion. The former group is described by the Government.

in part as follows:

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Group A, Access Roads


Bid unit 1. Improve existing access roads

400 sta.--2. 12-inch culvert, furnish and place -- 100 lin ft.--. 3. 18-inch culvert, furnish and place -- 100 lin. ft. 4. 24-inch culvert, furnish and place... 100 lin. ft. 5. 36-inch culvert, furnish and place... 40 lin. ft. 6. 48-inch culvert, furnish and place -- 40 lin. ft. 7. 3-inch minus gravel, furnish and 2, 000 cu. yd.


1 Appeal file, Item No. 1.

November 27, 1973

The specifications provide in per- from the original contract amount tinent part:

for any bid item exceed [sic] $4,000, "1-102. Work to Be Done By the based on the contract unit price.” Contractor. A. Access Roads and Part III–General Technical Appurtenant Items. 1. Improve ap- Provisions---provides in part: proximately 40,000 feet of existing 3-103. Accessibility of Site. A. access roads.

Access to the right-of-way for “2. Furnish and place gravel, transmission line construction and crushed aggregate, culverts, wire clearing will be from (1) intersectgates and fences. Place pipe frame ing or adjacent public roads and (2) and metal panel gates."

any access roads and access road Pertinent to this controversy is rights-of-way for which rights have the following section of the Sup- been acquired by the Government. plementary General Provisions : Roads existing on the right-of-way

"2.115. Quantities and Unit

will be available to the contractor. Prices. A. The total estimated quan- B. The contractor may at his extities necessary to complete the pense construct additional roads work as specified are listed in the and other means of access within the ‘Schedule of Designations and Bid boundaries of the line right-of-way Prices', attached to and made a part and on undeveloped access road of these specifications.

rights-of-way acquired by the Gov“B. These quantities are estimates ernment upon approval of location only and will be used as a basis for and type by the contracting officer. canvassing and evaluation [sic] bids Roads shall be constructed in a manand for estimating the consideration ner which will not undermine any of the contract. The Contractor will proposed or existing tower footbe required to furnish and place the ings. In addition to performing entire quantities necessary to com

current maintenance, the contractor plete the work specified, be they shall take measures satisfactory to

or less than the estimated the contracting officer to prevent the quantities.

occurrence of excessive erosion after "C. If the actual quantity of any

use of these roads. Such measures bid item varies from the estimated as dips or culverts may be required quantity by more than 25 percent, by the contracting officer. All debris the Contracting Officer and the Con- resulting from such work shall be tractor, at the request of either, will removed and disposed of by the negotiate for a revised unit price to contractor. be applied to the units of work ac- C. The contractor shall maintain tually performed in excess of 125 all roads used by him and upon compercent or less than 75 percent of pletion of the job shall leave them in the estimated quantity; provided, as good a condition as when first that no such negotiation shall be used by him. A road grading maundertaken unless the variation chine--not a bulldozer—shall be



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used for maintenance and final Government shall be acquired by grading. In no event shall the con- the contractor. tractor interfere with the property owner's use of roads existing prior

The specifications include the folto the contractor's entry.

lowing: D. The contractor shall be solely 64–404. Special Water Supply responsible for securing the use of and Erosion Areas. The following privately owned roads other than

rules shall be observed when redescribed in Paragraph A, above. ferred to: The contractor shall also be solely responsible for use and occupancy of

Construction Rules any private lands crossed by him in

Rule F-3. All contract and consecuring such additional

venience access roads shall be profrom public roads and Government

vided with water bars every 50 feet, acquired access roads as he finds nec

regardless of whether the road is essary for his operations.

pre-existent or newly constructed. 3–104. Availability of Right-ofWay. A. The term "right-of-way"

Part V includes substation, microwave station, radio station and building sites Access Road Construction and and access road and transmission

Improvement line right-of-way which are provided by the Government. The term

Chapter 1 "other rights" includes those addi

Contract Access Roads tional land rights which the Gov

5-101. SPECIFIC INFORMAernment considers necessary for per

TION. A. Standard Specification. formance of work under the con

The contractor shall improve contract.

tract access roads as listed on the B. The Government will make

Schedule of Designations and Bid every reasonable effort to secure and Prices, as shown on the drawings, make available right-of-way and and in accordance with the followother rights in advance of opera- ing Standard Specification, dated tions in sections of such size that the March 6, 1970 with the exceptions date of completion may be met.

stated below: C. The Government makes no rep

1. References to access road construc

tion, intercepting dips, fords, and riprap resentation that the right-of-way

are not applicable. and other rights which it provides will include all rights which the

B. Water Bar Requirements. Apcontractor may find desirable. Any proximately 20 water bars shall be rights desired by the contractor in constructed on contract and permaaddition to those furnished by the nent non-contract access roads.




November 27, 1973 Standard Specifications For

5-101. IMPROVEMENT OF Contract Access Roads


General. The manner of performing March 6, 1970

work and the operations required 5-102. GENERAL. A. Access

for improving existing roads and roads required to be constructed or

turnouts shall in general be as speciimproved by the specifications or by

fied in the provisions for the con

struction of new roads except as supplemental orders from the contracting officer are designated as

provided below. contract roads.

B. Clearing and Grubbing. ClearB. The contractor shall construct

ing, grubbing, and disposal of waste

material shall be in accordance with or improve access roads in locations specified by the drawings, by the

Section 5–103, Paragraphs A and specifications, and by the contract

B, except that the widths shall be

no less than the widths of the roading officer. C. The widths of the new road

bed plus ditches as specified in beds shall be no less than those spec

Paragraph C. below. ified in the drawings. The maximum

C. Roadway. The roadway shall grades shall be no greater than those

be improved to conform generally shown on the drawings. Curves shall

to the line and grade of the road as be widened to permit the hauling of originally constructed and to its either tower steel in 40-foot lengths original cross section or to the cross or wood poles in 90-foot lengths,

section shown on the drawing for

new depending upon the design of the

access roads, whichever is transmission line.

greater. All existing ditches shall be D. The minimum radius of curva

cleaned and new ditches shall be ture shall be 60 feet unless otherwise

constructed where required. specified.

D. T'urnouts. If widening of the

roadbed at a turnout is required by E. The number and location of

the preceding paragraph, the width turnouts and drainage structures will be determined in the field by the width added to the roadbed.

of the turnout may be reduced by the contracting officer.

F. Roads shall be constructed in manner which will not undermine 5–106. WATER BARS. Water any proposed or existing buildings, bars shall be constructed as shown structures or transmission facilities. on the drawing after the roadbed G. Upon completion of the con- has been completed.

completed. Roadside tract, all roads constructed or im- ditches shall be modified to drain proved by the contractor shall be into the water bars. Surfaces shall left in the condition they were at the be carefully shaped and compacted. time of their acceptance for partial 5–111. PAYMENT. A. General. payment.

Payment will be authorized only for

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that access road work required by and improved are designated as the specifications, drawing, and the permanent and temporary access contracting officer. Payment for roads. The contractor shall flag the construction or improvement of a locations and obtain the approval station of access road will be made of the contracting officer as to locaat the unit contract price only after tion and class prior to constructing all designations of work in that sta- and improving. All costs of contion have been completed and structing and improving these accepted.

roads shall be borne by the contrac

tor except as specified below. C. Improvement of Access Roads

B. Material which may obstruct and Turnouts. Payment will be

or impair the flow shall not be made at the unit contract price and placed nor allowed to fall into any

natural water course, shall be full compensation for all

if costs involved in clearing and grub

intermittent. bing; all excavation; preparing and

5-202. PERMANENT ACCESS completing roadbed and shoulders;

ROADS. A. Roads that provide acconstructing water bars, ditches, and

cess to tower or structure sites are approaches; and finishing the road- designated as permanent way and slopes. The stations of im

roads. This class of road shall be provement of existing access roads

constructed and improved to the to be paid for shall be the number

same standard as specified for conof stations of roadway ordered to be

tract access roads. improved, measured along the cen

B. Culverts, gravel, crushed agter line thereof, finished according gregate, and riprap, if required by to these specifications and accepted.

the contracting officer, shall be furA station of improved access road

nished and placed in accordance shall consist of 100 linear feet. No

with the preceding chapter. measurement and no separate pay

5-203. TEMPORARY ACCESS ment will be made for improvement

ROADS. A. Roads that provide acof turnouts.

cess to such places as landings and
yarding areas and which are not to

be incorporated in the Government's
Chapter 2

permanent access road system are

designated as temporary access Standard Specification for Non

roads. This class of road shall be Contract Access Roads

constructed so that erosion will be February 6, 1969

kept to a minimum, that any pro

posed or existing buildings, struc5-201. GENERAL. A. The con

tures, or transmission facilities will tractor may construct and improve not be undermined or unduly access roads on the line right-of- strained, and that domestic water way for his convenience. The classes supplies will not be contaminated. of roads which may be constructed Adequate drainage and other meas

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