DSP15._Commonwealth_Standard_Terms_and_Conditions.pdf

Appendix C – Designated Special Provision 15 (DSP15) 408/2026

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APPENDIX C

DESIGNATED SPECIAL PROVISION 15 (DSP15)

COMMONWEALTH STANDARD TERMS AND CONDITIONS

(Revised - 10/1/2023)

1. DEFINITIONS.

Capitalized terms used in these Commonwealth standard terms and conditions that are not otherwise defined in these provisions have the meanings specified in the contract to which it is attached.

2. ENHANCED MINIMUM WAGE.

a. Enhanced Minimum Wage. Contractor shall pay no less than $15.00 per hour to its employees for all hours worked directly performing the services called for in this contract/lease, and for an employee’s hours performing ancillary services necessary for the performance of the services or lease when the employee spends at least 20% of their time performing ancillary services in a given work week.

b. Adjustment. Beginning July 1, 2023, and annually thereafter, the minimum wage rate will be increased by an annual cost-of-living adjustment using the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for Pennsylvania, New Jersey, Delaware, and Maryland. The Commonwealth will publish applicable adjusted amount in the Pennsylvania Bulletin by March 1 of each year to be effective the following July 1.

c. Exceptions. These Enhanced Minimum Wage Provisions do not apply to employees:

i. Exempt from minimum wage under the Minimum Wage Act of 1968;

ii. covered by a collective bargaining agreement;

iii. required to be paid a higher wage under another state or federal law governing the services, including the Prevailing Wage Act and Davis-Bacon Act; or

iv. required to be paid a higher wage under any state or local policy or ordinance.

d. Notice. The Contractor shall: (1) post this Enhanced Minimum Wage Provision for the entire period of the contract conspicuously in easily-accessible and well-lighted places customarily frequented by employees at or near where the contracted services are performed; or (2) for the entire period of the contract, provide electronic notice of this clause to its employees not less than annually.

e. Records. Contractor must maintain and, upon request and within the time periods requested by the Commonwealth, provide to the Commonwealth all employment and wage records necessary to document compliance with these Enhanced Minimum Wage Provisions.

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f. Sanctions. Contractor’s failure to comply with these Enhanced Minimum Wage Provisions may result in the imposition of sanctions, which may include, but are not limited to, termination of the contract or lease, nonpayment, debarment, or referral to the Office of General Counsel for appropriate civil or criminal referral.

g. Subcontractors. The Contractor shall include these Enhanced Minimum Wage Provisions in its subcontracts under this contact or lease to ensure that these provisions are binding on its subcontractors.

3. INDEMNIFICATION.

a. Contractor Obligations. The Contractor shall indemnify the Commonwealth against all third-party claims, suits, demands, losses, damages, costs, and expenses, including without limitation, litigation expenses, attorneys' fees, and liabilities, arising out of or in connection with any activities performed by the Contractor or its employees and agents that are related to this contract, as determined by the Commonwealth in its sole discretion.

b. Commonwealth Attorneys Act. The Commonwealth shall provide the Contractor with prompt notice of any claim or suit of which it learns. Pursuant to the Commonwealth Attorneys Act (71 P.S. Section 732-101, et seq.), the Office of Attorney General (OAG) has the sole authority to represent the Commonwealth in actions brought against the Commonwealth. The OAG may, however, in its sole discretion and under any terms as it deems appropriate, delegate its right of defense. If OAG delegates the defense to the Contractor, the Commonwealth will cooperate with all reasonable requests of Contractor made in the defense of such suits.

c. Settlement. Notwithstanding the above, neither party may enter into a settlement of any claim or suit without the other party's written consent, which will not be unreasonably withheld.

The Commonwealth may, in its sole discretion, allow the Contractor to control the defense and any related settlement negotiations.

4. NONDISCRIMINATION/SEXUAL HARASSMENT.

a. Representations. The Contractor represents that it is presently in compliance with and will remain in compliance with all applicable federal, state, and local laws, regulations, and policies relating to nondiscrimination and sexual harassment for the term of the contract. The Contractor shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to its books, records, and accounts by the Commonwealth for the purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.

b. Nondiscrimination/Sexual Harassment Obligations. The Contractor shall not:

i. in any manner discriminate in the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under this contract or any subcontract, by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (“PHRA”) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

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ii. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any employee involved in the manufacture of supplies, the performance of work, or any other activity required under this contract.

iii. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under this contract.

iv. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subcontractor or supplier who is qualified to perform the work to which this contract relates.

v. in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act or National Labor Relations Act, as applicable and to the extent determined by entities charged with such Acts’ enforcement and shall comply with any provision of law establishing organizations as employees’ exclusive representatives.

c. Establishment of Contractor Policy. The Contractor shall establish and maintain a written nondiscrimination and sexual harassment policy that complies with the applicable law and these Nondiscrimination/Sexual Harassment provisions and shall inform its employees in writing of the policy. The policy must contain a provision that states that sexual harassment will not be tolerated and employees who practice it will be disciplined. For the entire period of the contract, the Contractor shall: (1) post its written nondiscrimination and sexual harassment policy or these Nondiscrimination/Sexual Harassment provisions conspicuously in easily accessible and well-lighted places customarily frequented by employees at or near where the contracted services are performed; or (2) provide electronic notice of the policy or this clause to its employees not less than annually.

d. Notification of Violations. The Contractor’s obligations pursuant to these provisions are ongoing from the effective date and through the termination date of the contract. Accordingly, the Contractor shall notify the Commonwealth if, at any time during the term of this contract, it becomes aware of any actions or occurrences that would result in violation of these provisions.

e. Cancellation or Termination of Contract. The Commonwealth may cancel or terminate this contract and all money due or to become due under this contract may be forfeited for a violation of the terms and conditions of these Nondiscrimination/Sexual Harassment provisions. In addition, the agency may proceed with debarment or suspension and may place the Contractor in the Contractor Responsibility File.

f. Subcontracts. The Contractor shall include these Nondiscrimination/Sexual Harassment provisions in its contracts with all subcontractors providing goods or services under this contract. The incorporation of these provisions in the Contractor’s subcontracts does not create privity of contract between the Commonwealth and any subcontractor, and no third-

C15 - 4 Initial Edition party beneficiaries are created by those provisions. If the Contractor becomes aware of a subcontractor’s violation of this clause, the Contractor shall use its best efforts to ensure the subcontractor’s compliance with these provisions.

5. CONTRACTOR INTEGRITY.

a. Definitions. For purposes of these Contractor Integrity Provisions, the following definitions apply:

i. “Affiliate” means two or more entities where (a) a parent entity owns more than 50% of the voting stock of each of the entities; (b) a common shareholder or group of shareholders owns more than 50% of the voting stock of each of the entities; or

(c) the entities have a common proprietor or general partner.

ii. “Contractor” means the individual or entity, that has entered into this contract with the Commonwealth.

iii. “Contractor Related Parties” means any Affiliates of the Contractor and the Contractor’s executive officers, Pennsylvania officers and directors, or owners of five percent or more interest in the Contractor.

iv. “Financial Interest” means ownership of more than a five percent interest in any business or holding a position as an officer, director, trustee, partner, employee, or holding any position of management.

v. “Gratuity” means tendering, giving, or providing anything of more than nominal monetary value including, but not limited to, cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The exceptions set forth in the Governor’s Code of Conduct Executive Order 1980-18, as may be amended, 4 Pa. Code §7.153(b), apply.

vi. “Non-bid Basis” means a contract awarded or executed by the Commonwealth with

Contractor without seeking bids or proposals from any other potential bidder or offeror.

b. Representations and Warranties.

i. Contractor Representation and Warranties. The Contractor represents, to the best of its knowledge and belief, and warrants that within the last five years neither the Contractor nor Contractor Related Parties have:

1. been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction;

2. been suspended, debarred, or otherwise disqualified from entering into any contract with any governmental agency;

3. had any business license or professional license suspended or revoked;

4. had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation or anti-trust; and

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5. been, and are not currently, the subject of a criminal investigation by any federal, state or local prosecuting or investigative agency or civil anti-trust investigation by any federal, state, or local prosecuting or investigative agency.

ii. Contractor Explanation. If the Contractor cannot make the representations and warranties set forth above at the time of its submission of its bid or proposal or if this contract is awarded on a non-bid basis at the time of the execution of the contract, the Contractor shall submit a written explanation outlining the reasons why it cannot make those representations and warranties. The Commonwealth may, based on its evaluation of the explanation provided, determine whether it is in the Commonwealth’s best interest to execute the contract.

iii. Further Representations. By submitting any bills, invoices, or requests for payment pursuant to this contract, the Contractor further represents that it has not violated any of these Contractor Integrity Provisions during the term of the contract.

iv. Notice. The Contractor shall immediately notify the Commonwealth, in writing, if at any time during the term of the contract it becomes aware of any event that would cause the Contractor's certification or explanation to change. The Contractor acknowledges that the Commonwealth may, in its sole discretion, terminate the contract for cause if it learns that any of the certifications made in these provisions are currently false or misleading due to intervening factual circumstances or were false or misleading or should have been known to be false or misleading when entering into the contract.

c. Contractor Responsibilities. During the term of this contract, the Contractor shall:

i. maintain the highest standards of honesty and integrity.

ii. take no action in violation of any applicable laws, regulations, or other requirements applicable to the Contractor that govern Commonwealth contracting and procurement.

iii. establish and implement a written business integrity policy that includes, at a minimum, the requirements of these provisions as they relate to the Contractor’s activity with the Commonwealth and Commonwealth employees and ensure that its employees comply with the policy.

iv. not accept, agree to give, offer, confer, agree to confer, or promise to confer, directly or indirectly, any gratuity or pecuniary benefit to any person, or to influence or attempt to influence any person in violation of any federal or state law, regulation, executive order, statement of policy, management directive, or bulletin applicable to the provision of goods or services under this contract.

v. not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material under this contract, unless the financial interest is disclosed to the Commonwealth in writing and the Commonwealth consents to Contractor’s financial interest. The Contractor must disclose the financial interest to the Commonwealth at the time of bid or proposal submission, or if no

C15 - 6 Initial Edition bids or proposals are solicited, no later than the date the Contractor signs the contract. The Commonwealth shall be deemed to have consented if the required disclosure is received and all of the required Commonwealth signatures are affixed.

vi. comply with the requirements of the Lobbying Disclosure Act (65 Pa.C.S. §13A01 et seq.) regardless of the method of award.

vii. comply with the requirements of Section 1641 of the Pennsylvania Election Code (25 P.S. §3260a) if this contract was awarded on a Non-bid Basis.

viii. immediately notify the Commonwealth contracting officer or the Office of the State

Inspector General, in writing, when the Contractor has reason to believe that any breach of ethical standards as set forth in law, the Governor’s Code of Conduct, or these Contractor Integrity Provisions has occurred or may occur, including, but not limited to, contact by a Commonwealth officer or employee, which, if acted upon, would violate the ethical standards.

d. Investigations. If a State Inspector General investigation is initiated, the Contractor shall:

i. reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of the State Inspector General for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the Contractor.

The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor’s suspension or debarment.

ii. cooperate with the Office of the State Inspector General in its investigation of any alleged Commonwealth agency or employee breach of ethical standards and any alleged Contractor non-compliance with these Contractor Integrity Provisions and make identified Contractor employees available for interviews at reasonable times and places.

iii. upon the inquiry or request of an Inspector General, provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Office of the State Inspector General to Contractor's integrity and compliance with these provisions. This information may include, but is not limited to, Contractor's business or financial records, documents or files of any type or form that refer to or concern this contract.

e. Termination. For violation of any of these Contractor Integrity Provisions, the Commonwealth may terminate this and any other contract with the Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these Contractor Integrity provisions, claim damages for all additional costs and expenses incurred in obtaining another contractor to complete performance under this contract, and debar and suspend the Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use of any one does not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or contract.

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f. Subcontracts. The Contractor shall include these Contractor Integrity Provisions in its contracts with all subcontractors providing goods or services under this contract. The incorporation of this provision in the Contractor’s subcontracts does not create privity of contract between the Commonwealth and any subcontractor, and no third-party beneficiaries are created by the inclusion of these provisions. If the Contractor becomes aware of a subcontractor’s violation of these provisions, the Contractor shall use its best efforts to ensure the subcontractor’s compliance with these provisions.

6. CONTRACTOR RESPONSIBILITY.

a. Definition. For the purpose of these provisions, the term “Contractor” means as any person, including, but not limited to, a bidder, offeror, loan recipient, grantee or lessor, who has furnished or performed or seeks to furnish or perform, goods, supplies, services, leased space, construction or other activity, under a contract, grant, lease, purchase order or reimbursement agreement with the Commonwealth. The term also includes a permittee, licensee, or any agency, political subdivision, instrumentality, public authority, or other public entity in the Commonwealth.

b. Contractor Representations.

i. The Contractor represents for itself and its subcontractors required to be disclosed or approved by the Commonwealth, that as of the date of its execution of this contract, that neither the Contractor, nor any such subcontractors, are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot make this representation, the Contractor shall submit, along with its contract, a written explanation of why such certification cannot be made.

ii. The Contractor represents that as of the date of its execution of this contract it has no tax liabilities or other Commonwealth obligations, or has filed a timely administrative or judicial appeal if such liabilities or obligations exist, or is subject to a duly approved deferred payment plan if such liabilities exist.

c. Notification. The Contractor shall notify the Commonwealth if, at any time during the term of this contract, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or, to the best of its knowledge, any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. The Contractor shall provide this notification within 15 days of the date of suspension or debarment.

d. Default. The Contractor’s failure to notify the Commonwealth of its suspension or debarment by the Commonwealth, any other state, or the federal government constitutes an event of default of the contract with the Commonwealth.

e. Reimbursement. The Contractor shall reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of State Inspector General for investigations of the Contractor's compliance with the terms of this contract or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the Contractor. These costs include, but are not limited to, salaries of investigators, including

C15 - 8 Initial Edition overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor's suspension or debarment.

f. Suspension and Debarment List. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by visiting the eMarketplace website at http://www.emarketplace.state.pa.us and clicking the Debarment list tab.

7. AMERICANS WITH DISABILITIES ACT.

a. No Exclusion. Pursuant to the Americans with Disabilities Act, 42 U.S. Code § 12101, et seq., no qualified individual with a disability may, on the basis of the disability, be excluded from participation in this contract or from activities provided for under this contract.

b. Compliance. For all goods and services provided pursuant to this contract, the Contractor shall comply with Title II of the Americans with Disabilities Act, the "General Prohibitions Against Discrimination” set forth in 28 C. F. R. § 35.130, and all other regulations promulgated under Title II of the Americans with Disabilities Act that apply to state and local governments.

c. Indemnification. The Contractor shall indemnify the Commonwealth against all third-party claims, suits, demands, losses, damages, costs, and expenses, including without limitation, litigation expenses, attorneys' fees, and liabilities, arising out of or in connection with the Contractor's failure or its employee’s or agent’s failure to comply with the provisions of paragraph a, as determined by the Commonwealth in its sole discretion.

8. APPLICABLE LAW AND FORUM.

This contract is governed by and must be interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the Pennsylvania courts. The Contractor consents to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania, and waives any claim or defense that such forum is not convenient or proper. Any Pennsylvania court or tribunal has in personam jurisdiction over the Contractor, and the Contractor consents to service of process in any manner authorized by Pennsylvania law. This provision may not be interpreted as a waiver or limitation of the Commonwealth’s rights or defenses.

9. RIGHT TO KNOW LAW.

a. Applicability. The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104, (“RTKL”) applies to this contract.

b. Contractor Assistance. If the Commonwealth needs the Contractor’s assistance in any matter arising out of the RTKL related to this contract, the Commonwealth shall notify the Contractor that it requires the Contractor’s assistance, and the Contractor shall provide to the Commonwealth:

i. access to, and copies of, any document or information in the Contractor’s possession

(Requested Information) arising out of this contract that the Commonwealth reasonably believes is a public record under the RTKL, within ten calendar days after receipt of written notification; and

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ii. any other assistance as the Commonwealth may reasonably request, in order to comply with the RTKL with respect to this contract.

c. Trade Secret or Confidential Proprietary Information. If the Contractor considers the

Requested Information to include a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the Contractor considers exempt from production under the RTKL, the Contractor shall notify the Commonwealth and provide, within seven calendar days of receipt of the written notice a written statement, signed by a representative of the Contractor, that explains why the requested material is exempt from public disclosure under the RTKL. If the Commonwealth determines that the Requested Information is clearly not exempt from disclosure, the Contractor shall provide the Requested Information to the Commonwealth within five business days of receipt of written notice of the Commonwealth’s determination.

d. Reimbursement.

i. Commonwealth Reimbursement. If the Contractor fails to provide the Requested

Information and the Commonwealth is ordered to produce the Requested Information, the Contractor shall reimburse the Commonwealth for any damages, penalties, or costs that the Commonwealth may incur as a result of the Contractor’s failure, including any statutory damages assessed against the Commonwealth.

ii. Contractor Reimbursement. The Commonwealth will reimburse the Contractor for any costs that the Contractor incurs as a direct result of complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL.

e. Challenges of Commonwealth Release. The Contractor may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, the Contractor shall reimburse the Commonwealth for any legal expenses incurred by the Commonwealth as a result of the challenge, including any damages, penalties or costs that the Commonwealth may incur as a result of the Contractor’s legal challenge, regardless of the outcome.

f. Waiver. As between the parties, the Contractor waives all rights or remedies that may be available to it as a result of the Commonwealth’s disclosure of Requested Information pursuant to the RTKL.

g. Survival. The Contractor’s obligations contained in this Section survive the termination or expiration of this contract.

10. OFFSET.

The Commonwealth may set off the amount of any state tax liability or other obligation of the Contractor, or its subsidiaries, owed to the Commonwealth against any payments due the Contractor under any contract between the Commonwealth and Contractor.

11. AUTOMATED CLEARING HOUSE (ACH) PAYMENTS.

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a. Payment Method. The Commonwealth shall make contract payments through the Automated Clearing House (ACH). Within 10 days of award of the contract or purchase order, the Contractor must submit or must have submitted its ACH information within its user profile in the Commonwealth's procurement system (SRM).

b. Unique Identifier. The Contractor must submit a unique invoice number with each invoice submitted. The Commonwealth shall list the Contractor’s unique invoice number on its ACH remittance advice to enable the Contractor to properly apply the state agency’s payment to the invoice submitted.

c. ACH Information in SRM. The Contractor shall ensure that the ACH information contained in SRM is accurate and complete. The Contractor’s failure to maintain accurate and complete information may result in delays in payments.

12. WORKER PROTECTION AND INVESTMENT.

The Contractor shall comply with all applicable Pennsylvania state labor laws and worker safety laws including, but not limited to, the following:

a. Construction Workplace Misclassification Act;

b. Employment of Minors Child Labor Act;

c. Minimum Wage Act;

d. Prevailing Wage Act;

e. Equal Pay Law;

f. Employer to Pay Employment Medical Examination Fee Act;

g. Seasonal Farm Labor Act;

h. Wage Payment and Collection Law;

i. Industrial Homework Law;

j. Construction Industry Employee Verification Act;

k. Act 102: Prohibition on Excessive Overtime in Healthcare;

l. Apprenticeship and Training Act; and

m. Inspection of Employment Records Law.

OS-299 (10-22)

www.penndot.pa.gov

TRANSMITTAL LETTER

PUBLICATION:

Publication 408, 2026 Edition

DATE:

6/05/2026

SUBJECT:

PennDOT Publication 408/2026 Change No. 1 Specifications

INFORMATION AND SPECIAL INSTRUCTIONS:

Applicability: This Transmittal Letter and its attachment constitute Change No. 1 of PennDOT Specifications, Publication 408/2026. Change No. 1 of Pub 408/2026 is hereby referred to as Pub 408/2026-1. It is new and complete in its entirety and is effective on projects let after October 9, 2026.

Change Format: All subsequent changes to Pub 408/2026 will be made using a "new page" format. To relate conditions that are in effect, each bid proposal will contain a SSP named either: "APPLICABLE DESIGNATED SPECIAL PROVISIONS (FEDERAL)” or "APPLICABLE DESIGNATED SPECIAL PROVISIONS (STATE)” and, if applicable, “APPLICABLE DESIGNATED SPECIAL PROVISIONS (STATE) - DSP 13. BUY AMERICA”. These SSPs exist in ECMS format. They will specify the Designated Special Provisions that apply to the particular project.

CANCEL AND DESTROY THE FOLLOWING: ADDITIONAL COPIES ARE AVAILABLE FROM:

☒ PennDOT website - www.penndot.pa.gov Click on Forms, Publications & Maps

APPROVED FOR ISSUANCE BY:

Michael B. Carroll, Secretary Department of Transportation by:

Kelly M. Barber, P.E., Chief Engineer of Highway Administration Department of Transportation http://www.penndot.pa.gov/ http://www.penndot.pa.gov/

Index of Changes to Publication 408/2026 408/2026

Change No. 1

INDEX OF CHANGES

TO

PUBLICATION 408/2026

General: The Index of Changes has been created to assist Publication 408/2026 users in determining specifics of semiannual changes made since the release of the Initial Edition. This Index contains specifics of all Changes, which includes where and why revisions have been made.

The Change Process: Changes to Publication 408/2026 are issued biannually. Numbered Changes consist of a Transmittal Letter with instructions for posting of revisions, an updated version of this Index, and “new pages” containing the revisions. All Numbered Changes are filed electronically in sequential order on the PennDOT Website. Numbered Changes will be incorporated into Publication 408/2026 and filed under the Change Letters and Indices portion of the Publication.

Researching Revisions. It is critical for many users of Publication 408 to be able to determine the point in time revisions were made and what the specific changes were. This is important from a contractual perspective when researching specifications applicable to projects previously awarded. To assist in this process, refer to this Change Index. If revisions have been made, users can then refer to specifics found in the Initial Edition or subsequent Numbered Change.

CHANGE INDEX OF REVISIONS

THROUGH CHANGE NO. 1

Section and Portion Changed Revised w/ Effective Dates Explanation Section Part or Paragraph Change No. From Nature and Rationale for Change

Preface

TOC

501, 530, 698, 641, 676, DSP1, DSP2,

DSP3, DSP10,

DSP11, DSP14,

DSP18, DSP20

1 October 9, 2026 To revise number of pages for Sections 501, 530, 698; to revise title of Sections 641 and 676; to remove DSP1, DSP2, DSP3, DSP10, DSP11, DSP14, DSP18;

to add DSP20.

106 106.03(b)3, 106.11(a)2, 106.11(a)2.f, 106.11(a)3.d

1 October 9, 2026 To clarify Final Assembly for manufactured products; to revise De Minimis values; to make minor language changes; to include language for electronic submission of material certifications through

ECMS.

107 107.28 1 October 9, 2026 To require completion of Form CS- 102 and to update information reflecting DEP ‘NOT’ Form.

110 110.04, 110.06(a), 110.10(b), 110.10(c)2, 110.10(e), 1 October 9, 2026 To remove requirement that stored material payments cannot exceed 25% of current contract amount; to enhance quality of concrete pavement.

220 220.2(i) 1 October 9, 2026 To correct a typographical error.

404 404.1(a), 404.1(b), 404.3(a), 404.3(b)1, 404.3(b)2, 404.3(c)1, 404.3(d), 404.3(f), 404.4

1 October 9, 2026 To modify payment structure for Ride Quality Incentive Pavement Schedules.

419 414.3(i)2.b.1.a, 419.3(k)1.b.1.a, 419.3(p), 419.4(a)

1 October 9, 2026 To revise the order of operations for Independent Assurance on non-comparison follow-up procedures.

466 466.2(a), 466.2(b), 466.2(c), 466.3(f)1, 466.3(f)2, 466.3(f)3, 466.3(g)1, 466.3(g)3

466.3(i)

1 October 9, 2026 To change AASHTO reference from “M 288” to “M 355M/M 355”;

to change the word ‘percent’ to the symbol ‘%’; to add unit of measure;

to change measurement from decimal to fraction

501 501.2(g), 501.3(f), 501.3(g)4, 501.3(i), 501.3(k)4.b, 501.3(l), 501.3(n), 501.3(p)

1 October 9, 2026 To enhance quality of concrete pavement.

506 506.3, 506.4(a)1, 506.4(a)3, 506.4(c) pavement. Section 506.3 modifies Sections 501.3 (s), 501.3(t)1, and 501.3(u)1.

507 507.1(a), 507.1(b), 507.3(a), 507.3(b)1, 507.3(b)2, 507.3(f), 507.4

1 October 9, 2026 To modify payment structure for Ride Quality Incentive Pavement Schedules; to make minor grammar changes

530 530.2, 530.3, 530.4(a)3, 530.4(a)4, 530.4(c) pavement. Section 530.2 modifies Section 501.2. Section 530.3 modifies Sections 501.3(a), 501.3(k)4, 501.3(t)1, 501.3(u)1, and 501.3(v).

608 608.4(b)3, 608.4(c) 1 October 9, 2026 To require completion of Form CS- 102 and to update information reflecting DEP ‘NOT’ Form; to change the word ‘percent’ to the symbol ‘%’.

633 633.4(a), 633.4(c) 1 October 9, 2026 To update content for curbs, gutters, and joints primarily associated with roundabouts; to delete 633.4(c).

641 Section title, 641.1, 641.3, 641.4

1 October 9, 2026 To revise Section title; to update content for curbs, gutters, and joints primarily associated with roundabouts.

676 Section title, 676.1, 676.3(l), 676.4(a), 676.4(f)

1 October 9, 2026 To revise Section title; to update content for curbs, gutters, and joints primarily associated with roundabouts; to add subbase as incidental; to add subsections 676.3(l) and 676.4(f).

703 703.2(c)3 1 October 9, 2026 To enhance quality of concrete

704 704.1(b), 704.1(c)3, 704.1(c)4, 704.1(d)3, 704.1(d)4.a, 704.1(d)4.b, 704.1(d)5, 704.1(d)7, 704.2(a)

1 October 9, 2026 To eliminate certain testing requirements and to enhance quality of concrete pavement; to enhance quality of concrete

App C Appendix C Whole Document 1 October 9, 2026 To remove DSP18 and add

DSP20.

DSP18 Whole Document 1 October 9, 2026 To remove.

DSP20 Whole Document 1 October 9, 2026 To comply with Federal regulations regarding unmanned aircraft systems (UAS).

SPECIFICATIONS

2026 Edition

Change No. 1, Effective October 9, 2026 www.pa.gov/penndot

PUB 408 (5-26)

Change Packets

Preface 408/2026 i Initial Edition

Commonwealth of Pennsylvania

DEPARTMENT OF TRANSPORTATION

Publication 408/2026

SPECIFICATIONS

PREFACE

Contents:

Publication 408/2026 contains current Construction Specifications for PennDOT projects. Publication 408/2026 is located on the PennDOT website at www.penndot.pa.gov, select “Forms and Publications”.

Updated semiannually, each new Change will contain all previous Edition/Change(s) in their entirety, with changed pages integrated. The changed pages for each new Change are also located on the PennDOT website.

Standard Special Provisions (SSPs) and Master Construction Items that apply to Publication 408/2026:

SSPs and Master Items are maintained in PennDOT’s Engineering and Construction Management System (ECMS) and accessible on the PennDOT website to both PennDOT Business Partners and Public Users.

This is the only access provided to these documents and lists to all users. Public Users should go to the ECMS website, login as a Guest, and then navigate to “Construction Projects” > “Resources”. “Resources” provides access to both Master Items and SSPs. Business Partners can login before selecting “Construction Projects” > “Resources” if they want access to other more complete ECMS data and information applying to PennDOT projects and schedules.

Use of Dimension Values:

Publication 408/2026 is a single set of Construction Specifications that contains measurements in English values. Metric values may be shown for informational purposes and/or generally accepted industry use.

Dual values will not be indicated on design drawings, renderings, or in details and instructions that are project specific. Similarly, there will not be a mixing of values in formulating calculations or in presentation.

Changes and their Effective Dates:

Publication 408/2026 will be available only as an online document. Hardcopy versions will not be made available. Each semiannual change will be updated with new pages incorporated into the document and a separate Change Packet and Transmittal Letter will indicate the most recent changes and will contain a list of the current changes and an Index of Changes listing all changes to date. The full specifics of each Change can be found within the Section to this Publication entitled: Change Letters and Indices to Publication 408/2026. Effective date(s) are:

• Pub 408/2026, Initial Edition (Pub 408/2026-IE) – projects let after April 10, 2026.

• Pub 408/2026, Change No. 1 (Pub 408/2026-1) – projects let after October 9, 2026.

• Pub 408/2026, Change No. 2 (Pub 408/2026-2) – projects let after April 9, 2027.

• Pub 408/2026, Change No. 3 (Pub 408/2026-3) – projects let after October 8, 2027.

• Pub 408/2026, Change No. 4 (Pub 408/2026-4) – projects let after April 14, 2028.

• Pub 408/2026, Change No. 5 (Pub 408/2026-5) – projects let after October 13, 2028.

• Pub 408/2026, Change No. 6 (Pub 408/2026-6) – projects let after April 13, 2029.

• Pub 408/2026, Change No. 7 (Pub 408/2026-7) – projects let after October 12, 2029.

• Pub 408/2026, Change No. 8 (Pub 408/2026-8) – projects let after April 12, 2030.

106.01 106.01

106 – 1

SECTION 106—CONTROL OF MATERIAL

106.01 GENERAL—Use material complying with the requirements of these specifications. At the pre-construction conference, submit a list of material to be sampled and tested by the Contractor and a list of material to be sampled and tested by the Department.

Comply with the provisions of the Pennsylvania Trade Practices Act, 71 P.S. Section 773.101, et seq., concerning the purchase of aluminum and steel products produced in a foreign country. On Federal-Aid projects, also comply with the provisions specified in Section 106.10.

Comply with the provisions of the Steel Products Procurement Act, 73 P.S. Section 1881, et seq. in the performance of the contract or any subcontract.

Following contract execution, furnish to the Department a complete statement of the project construction material’s origin, composition, and manufacture.

For Fabricated Structural Steel materials, as identified in Section 1105.01(a) and inspected in accordance with Section 1105.01(e), and any other fabricated aluminum, precast or prestressed concrete products inspected during manufacturing, stamped, and approved for shipment by the Department’s Representative, furnish Form CS-4171 to the Inspector-in-Charge. Certified mill test reports for any steel included will be reviewed by the Department’s Inspector and retained by the fabricator.

For all other steel products or products containing steel that will be permanently incorporated in the project, provide the Inspector-in-Charge the following when the product is delivered to the project site:

• For any “identifiable” steel products, certification that Section 4 of the Steel Products Procurement Act, 73 P.S. Section 1884, has been complied with. Identifiable steel products are steel products which contain permanent markings which indicate the material was both melted and manufactured in the United States.

• For all other “unidentifiable” steel products, documentation such as invoices, bills of lading, and mill certification that positively identify that the steel was melted and manufactured in the United States.

The provisions of the Steel Products Procurement Act will not be waived unless the Secretary has determined, under authority granted in Section 4(b) of the act, that a certain steel product or products is not produced in the United States in sufficient quantities to meet contract requirements. Such a determination will be set forth in a proposal for the Department’s review and response. Include with the proposal a comprehensive list of sources, including names and contact information, for verification. The Secretary does not have the authority to waive the provisions specified in Section 106.10.

Steel products are defined as products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, otherwise similarly processed, or processed by a combination of two or more of these operations from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer, or any other steel-producing process. Included are cast iron products and machinery and equipment as listed in United States Department of Commerce Standard Industrial Classification 25, 35, and 37 and made of, fabricated from, or containing steel components. If a product, as delivered to the project, contains both foreign and United States steel, such product is considered to be a United States steel product only if at least 75% of the cost of the articles, materials, and supplies have been mined, produced, or manufactured, as the case may be, in the United States. On Federal-Aid projects, comply with the provisions specified in Section 106.10.

No payment will be made on the contract if unidentified steel products are supplied, until the hereinbefore requirements are met.

Any payments made that should not have been made may be recoverable from a manufacturer or supplier as well as from a contractor or subcontractor.

Any person who willfully violates the Steel Products Procurement Act will be prohibited from submitting bids for any contract for a period of 5 years from the date of determination that a violation has occurred. If a subcontractor, manufacturer, or supplier, violates the Steel Products Procurement Act, such person will be prohibited from performing any work or supplying any materials to the Department for a period of 5 years from the date of determination that a violation has occurred.

If steel products are used as a construction tool or appurtenance and will not serve a permanent functional use in the project, compliance with the Steel Products Procurement Act is not required.

When standard manufactured items are specified and these items are identified by unit mass (unit weight), section dimensions, or similar characteristics, their identification will be considered to be nominal masses (weights) or dimensions. Unless more stringently controlled by specified tolerances, industry established

106.01 106.02(a)

106 – 2 manufacturing tolerances will be accepted.

106.02 MATERIAL—

(a) Preliminary Acceptance and Approval. Have each material and material source of supply listed on Form CS-200 (Source of Supply – Materials) or Form CS-201 (Source of Supply – Traffic Control Devices) and approved before delivery to project. Department Bulletin listed material and material sources are available for use by the Contractor. If non-Bulletin material or material sources are proposed for use, the requirements specified in 106.02(a)2 must be met before these materials are delivered to the project.

The Department reserves the right to obtain samples of any material provided by the Contractor for laboratory testing to verify compliance with specifications.

1. Bulletin Material, Material Application, and Material Source. Defined as any of the following:

• Any material and material source listed in Bulletin 14 and used in the material application as specified in the Bulletin, Publication 408, or a Special Provision.

• Any material and material source listed in Bulletin 15 and used in the material application as specified in the Bulletin, Publication 408, or a Special Provision.

• Any asphalt material and material application specified in Publication 408 and produced at a source listed in Bulletin 41.

• Any cement concrete material and material application specified in Publication 408 and produced at a source listed in Bulletin 42.

Submit a CS-200 or CS-201 to the Representative with the following information: contract item number, item description, material description/type/class, product name, manufacturer/producer plant location, applicable Bulletin supplier code, Bulletin number, and Publication 408 or Bulletin Section.

If a previously submitted Bulletin material source no longer provides the specified material, submit a change in material to the Representative as outlined on Form CS-200 or CS-201. Once written acceptance is received, furnish material from another Bulletin material source listed in Bulletin 14, 15, 41, or 42.

2. Non-Bulletin Material, Material Application, or Material Source. Defined as any of the following:

• Any material, product, or material source not listed in Bulletin 14 or Bulletin 15

• Any material, product, or material source listed in Bulletin 14 or Bulletin 15 being used in an application not intended or specified in the Bulletin, Publication 408, or a Special Provision

• Any asphalt material or product not produced at a source listed in Bulletin 41

• Any asphalt material or product not specified in Publication 408 or a Special Provision

• Any ready-mixed, cement concrete material or product not produced at a source listed in Bulletin 42

• Any ready-mixed, cement concrete material or product not specified in Publication 408 or a Special

Provision

2.a. Construction-Aid Material. A necessary, temporary, or ancillary material that is not specified for use as part of a contract item or extra work item but used by the Contractor only to aid in the completion of the work. The material is typically not a permanent part of the specified work (example: wood and nails for temporary formwork). The material need not be listed on Form CS-200 and does not require any Department approval for delivery to or use on the project. The Representative reserves the right to determine whether a material is a construction-aid material. Note temporary traffic control items are not construction-aid materials and do need listed on Form CS-201 since these items must be from Bulletin 15 listed sources and are specified for use as part of contract items or extra work items.

2.b. Project-Specific, LTS Approved Material. Non-Bulletin material proposed for use on a particular project as part of a contract item or extra work item, which requires approval by the LTS. Use of material is not meant to circumvent the use of available material sources listed in Bulletin 14, 15, 41, or 42.

Have each material and material source listed on Form CS-200 or Form CS-201. The material is defined as any material, product, or material source that meets one or more of the following criteria:

106.02(a) 106.03(a)

106 – 3

• Meets specified requirements in Publication 408 or Special Provision, for the material and material application.

• Meets specified requirements in AASHTO or ASTM Standard for the material and material application.

• Meets specified requirements in project Special Provision for the material and material application.

Submit material to the LTS for evaluation and testing a minimum of 90 days before planned delivery to the project. Submit the following information to the LTS, with a copy to the Representative: source, description, specified use, QC Plan, independent lab test data showing material meets all specified requirements as determined on a single lot of material, and material samples of the kind and quality specified. Do not deliver material to the project until written acceptance is received from the Representative.

2.c. Project-Specific, Locally Approved Material. Non-Bulletin material proposed for use on a particular project as part of a contract item or extra work item, which does not require LTS approval because of the low risk to constructed Project performance but does require local approval by the Representative (i.e., at the District or project level). This category of material is not meant to circumvent the use of available material sources listed in the Bulletins, or the requirements of Project-Specific, LTS Approved Materials.

These materials must meet specification requirements and will be clearly identified in the specification as only needing local approval by the Representative. Have each material and material source listed on Form CS-200 or Form CS-201. Submit for local approval by the Representative all required information for the material, as indicated in the specification.

Examples of locally approved materials are project specific items, such as Section 860 (inlet filter bags), Section 867 (compost filter socks), and Section 868 (compost blanket and compost filter berms) where the specification indicates that these materials are to be locally approved. Bulletin 15 will reference specific Publication 408 Sections that apply to Locally Approved Materials. Bulletin 15 will not list actual materials or material sources for this category of materials as they will be accepted for use on a project-specific basis by local approval.

(b) Inspection. Inspect material delivered to the project and stockpile the material passing inspection for use. Do not incorporate questionable material, until material is tested by LTS and accepted in writing by the Representative. The Department reserves the right to reject questionable material delivered to the project when the LTS test results are not according to the specifications. Furnish assistance to the Inspector, as required to obtain samples.

Allow designated Department representatives to inspect material being used, or intended to be used, at any time before, during, or after material preparation, while being used during the progress of the work, or after the work has…