A1.  PD-02 exception letters provide a mechanism to request authorization allowing a project to proceed to bid advertisement given some incomplete PS&E submittal requirement(s).  The exception letter must list all outstanding items and include for each item:
 
o        a resolution plan,
o        the expected resolution date,
o        the responsible person for each outstanding item. 
 
By default, approved PD-02 exceptions letters are assumed to authorize projects to proceed to advertisement only.  Projects will not be allowed to proceed to bid opening, project award, or issuance of a Notice to Proceed unless explicitly requested in the exception letter and approved by the Deputy Director.  For any project with federal funds, FHWA will also need to approve the project proceeding to advertisement without the PS&E submittal requirement.
 
In all cases, the Office of Pre-Letting (OPL) QA staff has been tasked to track identified outstanding PD-02 issues by periodically querying the PL/CPM/LAL regarding the status of the resolution plan(s).  The project PL/CPM/LAL carries the responsibility to confirm to the OPL QA staff that all the listed issues have been resolved.  The ODOT Procurement Office Construction Contracting Unit must also be so advised so they can proceed with contract award.  This notification needs to be in writing (e-mail preferred) and can be directed to the project QA engineer, to OPO Construction Contracting directly, or both.
 
Answer updated 04/20/06
 

Back to Top

A2.  PD-02 exception letters routinely request authorization to proceed to bid advertisement and bid opening given some incomplete PD-02 required items.  This request must list the outstanding items and include a resolution plan for each of them.  Most often PD-02 exception letters only request permission to proceed with advertisement and are silent regarding the question of proceeding with contract award.  
 
In the latter cases, the Office of Pre-Letting QA staff has been tasked to follow the outstanding PD-02 issues by periodically querying the PL/CPM/LAL regarding the status of the resolution plan.  When the PL/CPM/LAL has confirmed that all the listed issues have been resolved, the ODOT Procurement Office Construction Contracting Unit can be so advised and will then proceed with contract award.  This notification needs to be in writing (e-mail preferred) and can be directed to the project QA engineer, to OPO Construction Contracting directly, or both. 

 

Unless PD-02 letters explicitly request authorization to advertise and award, contracts will not be issued until confirmation from the PL/CPM/LAL that the outstanding issues have been satisfactorily resolved. 

 

Back to Top

 

A3.  The need to identifying your project bid date accurately depends somewhat on stage of the project. We recommend following the logic shown in the diagram linked below. The logic can be described as follows:
 

• At project initiation and up to 13 months prior to the planned PS&E submission month, we recommend you target the first day of the month in which the project is desired to be bid. Be sure to account for the PS&E submittal/advertisement lead time, typically 45 calendar days prior to bid opening - longer for projects intended to be advertised more than 3 weeks.
   
• During the 13th month select one of the "standard" bid dates, as listed on the ODOT Office of Procurement (OPO) web page: http://www.oregon.gov/ODOT/CS/OPO/construction/bid_opening_dates.shtml
   
• During the 7th month, contact the Office of Pre-Letting to confirm the recommended bid date. This last step will enable you to take into account any additional bid dates beyond the "standard dates" that may have been added to the schedule and to place your project for competitive bidding. Once this date is agreed to it will be shown on the "Six Month Schedule of Projects" which OPO makes available to the contracting community and the public. http://www.oregon.gov/ODOT/CS/OPO/construction/schedule_of_projects.shtml

• OPL is available to discuss other factors impacting your project such as pricing patterns seasonally, large specialized work, etc.

Bid Date Planning Guide

A4.  The Area Manager (Bridge Delivery Unit Manager for OTIA III projects) is responsible for assuring that the project/Region has enough funds to be bid.  By signing the checklist, she/he is committing to covering the low responsible bid for the project.

A5.  The Total Estimated Cost should be the total construction phase estimate, including biddable, CE, contingency, anticipated items, and any other items required in the construction phase.  The PCS funded amount should be the current funding in PCS for the construction phase.  The STIP Coordinator can provide this amount if the PL doesn’t have access to PCS.
 

Back to Top

A6.  MS Project dates are often vary for a variety of reasons, such as minor changes upstream in the schedule etc.  The OPL due date is the date the project is required to arrive at OPL for review and processing to allow for a specific Bid Opening.  Failure to meet this date likely will place the project in jeopardy of the desired Bid Opening.  The OPL due date is 8am on that date.  Delivering the project later in the day will be considered late.
 

Back to Top

A7.  Advertisement length is determined according to Technical Bulletin RD07-06.  OPL makes initial recommendations based on the PCS funded amount at the time of scheduling the first Bid Opening date for the project.  Most projects fall within the 3 week standard advertisement length, however teams should take care to account for changes in advertisement length when projects are combined, scope increases etc.  An additional week of advertisement is required if there will be a mandatory pre-bid meeting for a project (typically 4 weeks instead of 3 weeks).  Additional advertisement needed at the time of PS&E will likely delay the Bid Opening for the project.  It is the project team’s responsibility to monitor the need for a longer advertisement length and advise OPL accordingly.  OPL is available to discuss project specifics to determine a specific advertisement length for a project.
 

Back to Top

A8.  IGAs (and other similar agreements) are executed when the final signature is added to the document.  Without all final signatures the Agreement is not complete and therefore a PD-02 exception letter would be required to proceed to PS&E submission.  To check the status of your agreements, ODOT internal staff can check the agreements database at http://rssa.odot.state.or.us/cf/agreements/index.cfm
 

Back to Top

A9.  Technical Services Roadway Engineering tracks design exceptions.  Internal ODOT staff can see the latest spreadsheet tracking the approval process of design exceptions on the website: http://egov.oregon.gov/ODOT/HWY/ENGSERVICES/design_exceptions.shtml.  The spreadsheet will indicate if FHWA approval is required according to the Stewardship Agreement.  When ODOT approves the design exception, Roadway will distribute a copy of the signed design exception back to the project team along with notification of FHWA approval status (if required).  If FHWA approval is still pending, a second email is sent out when the approval has been received.  For additional questions on status, please contact Colleen Hunter, Pre-Letting Specialist.  An approved PD-02 exception letter is required to move to PS&E if the project has outstanding design exceptions.
 

Back to Top

A10.  Full federal oversight (FFO) requirements are listed in the FHWA Stewardship agreement, found here: http://www.oregon.gov/ODOT/HWY/ROADWAY/docs/stewardship_plan_consolidated.pdf.  OTIA III projects have a specific list of projects that are exempt (no FFO) and non-exempt (FFO required) and are listed by project, not by the guidelines in the Stewardship Agreement.  FFO requirements only apply to NHS routes.  Non-NHS routes do not require FFO.  For non-OTIA III projects, the following guidelines are generally followed:

3R=Resurface, restore, and rehabilitate (requires FFO if over $5 million)
4R=New or reconstruction (requires FFO if over $1 million)

If unsure, check with Brenda Zuniga, Highway Program Office, to find out if your project is Full Federal Oversight or not.
 
If FFO is required, an additional 3 weeks of PS&E review time is needed for FHWA's review.  FFO projects also require FHWA approval on anticipated items, public interest findings, and design exceptions.
 

Back to Top

A11.  Public Interest Finding (PIF) letters are required under any of the following conditions:

• Separate contract for specialized work (clearing & grubbing for migratory birds is a common example)
• Proprietary or sole source equipment, materials, or firms listed in the contract (less than 3 available substitutes)
• Salvage Material, i.e. materials that does not become the property of the contractor (grindings, flashing beacons etc that are to be turned over to the maintenance yards are common examples)  See Technical Bulletin RD07-05(B) Salvaging Features and Excess Materials Associated with Transportation Projects by Contract Specification.  (for Salvage Material, the Region Roadway Engineer approves requests up to $25,000 and OPL Manager over $25,000.
• State / Agency supplied material (VMS boards, advance purchase of materials for schedule are common examples)
• State / Agency supplied equipment or labor (such as using ODOT's Zipper Barrier or local agency work force completing biddable work).
• Contractor purchased equipment for State / Agency ownership (such as Architectural Treatment forms).
• Mandatory Borrow or Disposal Sites

PIFs are required to document to the project file that the best interest of the public is addressed when all project scope is not included in the prime contract.  The Office of Project Letting Manager approves the PIF, as well as FHWA if a FFO project.  PIF's should be approved prior to PS&E submission and submitted with the PS&E package.  The project team is encouraged to address approval early, as if they are not approved changes to the contract documents (and potentially the schedule) will be required.  Examples and optional templates for PIF letters are being developed and will be available on our website mid 2008.
 

Back to Top