0009-06-056.pdf

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Attached to
Preventive Maintenance
Solicitation number
0009-06-056
Issued by
Hockley County, Texas

About this file

This is a proposal document issued by the Texas Department of Transportation (TxDOT) for a preventive maintenance construction contract on State Highway 66 and various roadways in Hunt, Red River, Fannin, Hopkins, Lamar, Grayson, and Delta Counties, Texas. The project, identified as Control 0009-06-056 and Project F 2027(052), consists of seal coat operations, pavement markings, frictional asphalt surface preservation treatment, and related work on multiple state-maintained highways. Work includes fog seal application (81,548 gallons), asphalt chip seal (246,491 gallons), aggregates for surface treatments totaling approximately 42,930 cubic yards, retroreflectorized pavement markings (approximately 2.5 million linear feet), work zone pavement markings (approximately 8,115 to 31,400 each type), and elimination of existing pavement markings on 2,523,000 linear feet of roadway. The contract must be completed within 120 working days, with work commencing April 1, 2027, and the latest start date for sealcoat operations set at May 15, 2027. Bidders must acknowledge receipt of all addenda (five addenda identified in the document) or their bids will not be read at the public opening. The project is a Federal-Aid highway construction project with Davis-Bacon wage requirements applicable.

The proposal requires a bid guaranty of $100,000 in the form of a cashier's check, teller's check, official check, bank money order, or bid bond. Unit prices must be submitted for each of the 30 bid items listed on the proposal sheets. Contractors must submit an audited financial statement and experience questionnaire at least ten days prior to the letting date. A Disadvantaged Business Enterprise (DBE) goal of 0% has been established for this project. The contract is subject to multiple federal and state requirements including Davis-Bacon wage rates, E-Verify employment verification, nondiscrimination provisions, and compliance with the Contract Work Hours and Safety Standards Act. Contractors must maintain certified weekly payrolls and provide documentation of compliance with prevailing wage requirements. The project work includes traffic control operations, with requirements for flaggers at state road intersections, portable changeable message signs, and truck-mounted attenuators. All work must comply with 2024 TxDOT Standard Specifications, special provisions, and the Texas Manual on Uniform Traffic Control Devices. Contractors are required to obtain written permission from the District Traffic Office at least 24 hours before beginning striping operations each week and must maintain a designated striping technician on-site during all marking work.

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Control 0009-06-056, ETC Project F 2027(052), ETC Highway SH 66, ETC County HUNT, ETC

ADDENDUM ACKNOWLEDGMENT

Each bidder is required to acknowledge receipt of an addendum issued for a specific project. This page is provided for the purpose of acknowledging an addendum.

FAILURE TO ACKNOWLEDGE RECEIPT OF AN ADDENDUM WILL RESULT IN THE BID NOT

BEING READ.

In order to properly acknowledge an addendum, place a mark in the box next to the respective addendum.

ADDENDUM NO. 1

ADDENDUM NO. 2

ADDENDUM NO. 3

ADDENDUM NO. 4

ADDENDUM NO. 5

In addition, the bidder by affixing their signature to the signature page of the proposal is acknowledging that they have taken the addendum(s) into consideration when preparing their bid and that the information contained in the addendum will be included in the contract, if awarded by the Commission or other designees.

1-1

This page intentionally left blank.

Highway SH 66, ETC County HUNT, ETC

PROPOSAL TO THE TEXAS

TRANSPORTATION COMMISSION

2024 SPECIFICATIONS

Work Consisting of Preventive Maintenance

HUNT COUNTY, TEXAS , ETC

The quantities in the proposal are approximate. The quantities of work and materials may be increased or decreased as considered necessary to complete the work as planned and contemplated.

This project is to be completed in 120 working days and will be accepted when fully completed and finished to the satisfaction of the Executive Director or designee.

Provide a proposal guaranty in the form of a Cashier’s Check, Teller’s Check (including an Official Check) or Bank Money Order on a State or National Bank or Savings and Loan Association, or State or Federally chartered Credit Union made payable to the Texas Transportation Commission in the following amount:

ONE HUNDRED THOUSAND AND 00/100 (Dollars) ( $100,000.00)

A bid bond may be used as the required proposal guaranty. The bond form may be detached from the proposal for completion. The proposal may not be disassembled to remove the bond form. The bond must be in accordance with Item 2 of the specifications.

Any addenda issued amending this proposal and/or the plans that have been acknowledged by the bidder, become part of this proposal.

By signing the proposal the bidder certifies:

1. the only persons or parties interested in this proposal are those named and the bidder has not directly or indirectly participated in collusion, entered into an agreement or otherwise taken any action in restraint of free competitive bidding in connection with the above captioned project.

2. in the event of the award of a contract, the organization represented will secure bonds for the full amount of the contract.

3. the signatory represents and warrants that they are an authorized signatory for the organization for which the bid is submitted and they have full and complete authority to submit this bid on behalf of their firm.

4. that the certifications and representations contained in the proposal are true and accurate and the bidder intends the proposal to be taken as a genuine government record.

• Signed: **

(1) (2) (3) Print Name:

(1) (2) (3) Title:

(1) (2) (3) Company:

(1) (2) (3)

• Signatures to comply with Item 2 of the specifications.

**Note: Complete (1) for single venture, through (2) for joint venture and through (3) for triple venture.

* When the working days field contains an asterisk (*) refer to the Special Provisions and General Notes.

NOTICE TO CONTRACTORS

ANY CONTRACTORS INTENDING TO BID ON ANY WORK TO BE AWARDED

BY THIS DEPARTMENT MUST SUBMIT A SATISFACTORY “AUDITED FINANCIAL

STATEMENT” AND “EXPERIENCE QUESTIONNAIRE” AT LEAST TEN DAYS

PRIOR TO THE LETTING DATE.

UNIT PRICES MUST BE SUBMITTED IN ACCORDANCE WITH ITEM 2 OF

THE STANDARD SPECIFICATIONS OR SPECIAL PROVISION TO ITEM 2 FOR

EACH ITEM LISTED IN THIS PROPOSAL.

TEXAS DEPARTMENT OF TRANSPORTATION

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS,

That we, (Contractor Name)

Hereinafter called the Principal, and (Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the Texas Department of Transportation, hereinafter called the Obligee, in the sum of not less than two percent (2%) of the department’s engineer’s estimate, rounded to the nearest one thousand dollars, not to exceed one hundred thousand dollars ($100,000) as a proposal guaranty (amount displayed on the cover of the proposal), the payment of which sum will and truly be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the principal has submitted a bid for the following project identified as:

Control 0009-06-056, ETC

Project F 2027(052), ETC

Highway SH 66, ETC

County HUNT, ETC

NOW, THEREFORE, if the Obligee shall award the Contract to the Principal and the Principal shall enter into the Contract in writing with the Obligee in accordance with the terms of such bid, then this bond shall be null and void. If in the event of failure of the Principal to execute such Contract in accordance with the terms of such bid, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not as a penalty but as liquidated damages.

Signed this Day of 20

By:

(Contractor/Principal Name)

(Signature and Title of Authorized Signatory for Contractor/Principal)

*By:

(Surety Name)

(Signature of Attorney-in-Fact) Impressed

*Attach Power of attorney (Surety) for Attorney-in-Fact Surety Seal Only

This form may be removed from the proposal

BIDDER’S CHECK RETURN

IMPORTANT

The space provided for the return address must be completed to facilitate the return of your bidder’s check. Care must be taken to provide a legible, accurate, and complete return address, including zip code. A copy of this sheet should be used for each different return address.

NOTE

Successful bidders will receive their guaranty checks with the executed contract.

RETURN BIDDERS CHECK TO (PLEASE PRINT):

Control 0009-06-056, ETC Project F 2027(052), ETC Highway SH 66, ETC County HUNT, ETC

IMPORTANT

PLEASE RETURN THIS SHEET IN ITS ENTIRETY

Please acknowledge receipt of this check(s) at your earliest convenience by signing below in longhand, in ink, and returning this acknowledgement in the enclosed self-addressed envelope.

Check Received By: Date:

Title:

For (Contractor's Name):

Project: County:

NOTICE TO THE BIDDER

In the space provided below, please enter your total bid amount for this project. Only this figure will be read publicly by the Department at the public bid opening.

It is understood and agreed by the bidder in signing this proposal that the total bid amount entered below is not binding on either the bidder or the Department. It is further agreed that the official total bid amount for this proposal will be determined by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts.

Total Bid Amount

Control Project Highway County

ALT ITEM DESC SP Bid Item Description Unit Quantity Bid Price Amount Seq

Signed ____________________________________________ Title ____________________________________________ Date ____________________________________________

Additional Signature for Joint Venture:

Signed ____________________________________________ Title ____________________________________________ Date ____________________________________________

Total Bid Amount _______$2,664.00________

EXAMPLE OF BID PRICES SUBMITTED BY COMPUTER PRINTOUT

0001-03-030

STP 2000(938)HES

SH 20

EL PASO

104 509 REMOV CONC (SDWLK) SY 266.400 $10.000 $2,664.00 1

EXAMPLE EXAMPLE EXAMPLE EXAMPLE

EXAMPLES

BID PRICES SUBMITTED BY HAND WRITTEN FORMAT

Unit price for each plant in place

249 014 FLEX BASE(DEL)(DENSCOT)(TY A GR4 CL2) TON 56,787.00 14

ALT

ITEM-CODE

ITEM

NO

DESC

NO

S.P.

NO.

UNIT BID PRICE ONLY

WRITTEN IN WORDS UNIT

APPROX

QUANTITIES

DEPT

USE

ONLY

190 026 RED OAK 1 1/2” - 1 3/4” GAL BB EA 9.000 1

DLRS

CENTS

DLRS

CENTS

Unit price for each ton of Flexible Base

430 001 001 CL A CONC FOR EXT STR (CULV) CY 45.000 27

Unit price for each cubic yard of Concrete

DLRS

CENTS

610 007 001 RDWY ILL ASSEM(TY ST 50T-8-8)(.4 KW)S EA 13.000 7

Unit price of each Roadway Illumination Assembly

DLRS

CENTS

EXAMPLE EXAMPLE EXAMPLE EXAMPLE

F 2027(052), ETC

Proposal Sheet

HUNT, ETC FORM 234-B I-61-5M

TxDOT PROJECT

COUNTY

ALT

ITEM-CODE

UNIT BID PRICE ONLY.

WRITTEN IN WORDS UNIT APPROX

QUANTITIES

DEPT

USE

ONLY

ITEM

NO.

DESC

CODE

S.P.

No.

315 7004

FOG SEAL (CSS-1H)

GAL 81,548.000 1 DOLLARS

and CENTS

316 7008

ASPH (CHFRS-2P)

GAL 246,491.000 2 DOLLARS

and CENTS

316 7084

ASPH (AC-20-5TR OR AC-20XP)

TON 8,083.000 3 DOLLARS

and CENTS

316 7099

AGGR (TY-B, GR-4)(SAC-A)

CY 4,529.000 4 DOLLARS

and CENTS

316 7134

AGGR (TY-PB, GR-3)(SAC-A)

CY 18,258.000 5 DOLLARS

and CENTS

316 7136

AGGR (TY-PB, GR-4)(SAC-A)

CY 20,143.000 6 DOLLARS

and CENTS

500 7001

MOBILIZATION

LS 1.000 7 DOLLARS

and CENTS

502 7001

BARRICADES, SIGNS AND TRAFFIC

HANDLING

MO 6.000 8 DOLLARS

and CENTS

503 7001

PORTABLE CHANGEABLE MESSAGE SIGN

DAY 35.000 9 DOLLARS

and CENTS

505 7001

TMA (STATIONARY)

DAY 35.000 10 DOLLARS

and CENTS

662 7112

WK ZN PAV MRK SHT TERM (TAB)TY W

EA 8,115.000 11 DOLLARS

and CENTS

662 7114

WK ZN PAV MRK SHT TERM (TAB)TY Y-2

EA 31,400.000 12 DOLLARS

and CENTS

666 7177

RE PM TY II (W) 8" (DOT)

LF 1,628.000 13 DOLLARS

and CENTS

1-3

HUNT, ETC FORM 234-B I-61-5M

TxDOT PROJECT

COUNTY

ALT

ITEM-CODE

UNIT BID PRICE ONLY.

WRITTEN IN WORDS UNIT APPROX

QUANTITIES

DEPT

USE

ONLY

ITEM

NO.

DESC

CODE

S.P.

No.

666 7179

RE PM TY II (W) 8" (SLD)

LF 40,678.000 14 DOLLARS

and CENTS

666 7183

RE PM TY II (W) 18" (SLD)

LF 918.000 15 DOLLARS

and CENTS

666 7184

RE PM TY II (W) 24" (SLD)

LF 3,800.000 16 DOLLARS

and CENTS

666 7186

RE PM TY II (W) (ARROW)

EA 202.000 17 DOLLARS

and CENTS

666 7194

RE PM TY II (W) (WORD)

EA 178.000 18 DOLLARS

and CENTS

666 7198

RE PM TY II (W) (RR XING)

EA 8.000 19 DOLLARS

and CENTS

666 7201

RE PM TY II (W) 36" (YLD TRI)

EA 848.000 20 DOLLARS

and CENTS

666 7531

RE PM TY II (W)6"(BRK)(020 MIL)

LF 56,943.000 21 DOLLARS

and CENTS

666 7533

RE PM TY II (W)6"(SLD)(020 MIL)

LF 2,471,316.0

00 22 DOLLARS

and CENTS

666 7535

RE PM TY II (Y)6"(BRK)(020 MIL)

LF 375,530.000 23 DOLLARS

and CENTS

666 7537

RE PM TY II (Y)6"(SLD)(020 MIL)

LF 1,319,673.0

00 24 DOLLARS

and CENTS

668 7135

PREFAB PM TY C (MULTI)(SHIELD)

EA 4.000 25 DOLLARS

and CENTS

672 7002

REFL PAV MRKR TY I-C

EA 1,914.000 26 DOLLARS

2-3

HUNT, ETC FORM 234-B I-61-5M

TxDOT PROJECT

COUNTY

ALT

ITEM-CODE

UNIT BID PRICE ONLY.

WRITTEN IN WORDS UNIT APPROX

QUANTITIES

DEPT

USE

ONLY

ITEM

NO.

DESC

CODE

S.P.

No.

672 7004

REFL PAV MRKR TY II-A-A

EA 26,593.000 27 DOLLARS

and CENTS

672 7006

REFL PAV MRKR TY II-C-R

EA 2,625.000 28 DOLLARS

and CENTS

677 7002

ELIM EXT PM & MRKS (6")

LF 2,523,000.0

00 29 DOLLARS

and CENTS

3001 7001

FRICTIONAL ASPH SURF PRESERV TRTMT

SY 163,117.000 30 DOLLARS

3-3

CERTIFICATION OF INTEREST IN OTHER BID

PROPOSALS FOR THIS WORK

By signing this proposal, the bidding firm and the signer certify that the following information, as indicated by checking “Yes” or “No” below, is true, accurate, and complete.

A. Quotation(s) have been issued in this firm's name to other firm(s) interested in this work for consideration for performing a portion of this work.

________ YES

________ NO

B. If this proposal is the low bid, the bidder agrees to provide the following information prior to award of the contract.

1. Identify firms which bid as a prime contractor and from which the bidder received quotations for work on this project.

2. Identify all the firms which bid as a prime contractor to which the bidder gave quotations for work on this project.

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.)

1. Type of Federal Action:

a. contract

b. grant

c. cooperative agreement

d. loan

e. loan guarantee

f. loan insurance

2. Status of Federal Action:

a. bid/offer/application

b. initial award

c. post-award

3. Report Type:

a. initial filing

b. grant

For material change only:

year _______ quarter _____ date of last report ___________

4. Name and Address of Reporting Entity:

Prime Subawardee Tier __________, if known:

Congressional District, if known:

5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: _____________________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobbying Entity (if individual, last name, first name, MI):

b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI):

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

11. Amount of Payment (check all that apply):

$ ___________________________ actual planned

13. Type of Payment (check all that apply):

a. retainer

b. one-time fee

c. commission

d. contingent fee

e. deferred

f. other; specify: _______________________________

12. Form of Payment (check all that apply)

a. cash

b. in-kind; specify: nature ____________________ value ____________________

14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11:

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

15. Continuation Sheet(s) SF-LLL-A attached: Yes No

16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required dis-closure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: __________________________________________

Print Name: _________________________________________

Title: ______________________________________________

Telephone No: _____________________ Date: ___________

FEDERAL USE ONLY Authorized for Local Reproduction Standard Form - LLL

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Com-plete all items that apply for both the initial filing and material change report. Refer to the implementing guidance pub-lished by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity or this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number, the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a).

Enter Last Name, First Name, and Middle Initial (MI).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned).

Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.

15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

Public reporting burdon for this collection of infromation is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments reguarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burdon, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.

DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB 0348-0046

CONTINUATION SHEET

Authorized for Local Reproduction

Standard Form - LLL-A

Reporting Entity: ____________________________________ Page ______ of ______

CONTRACTOR’S ASSURANCE

(Subcontracts-Federal Aid Projects)

By signing this proposal, the contractor is giving assurances that each subcontract and further all lower tier subcontracts will incorporate the Standard Specification to Article 9.9, Payment

Provisions for Subcontractors and will also physically attach the following:

Form FHWA 1273

Wage Rates

Special Provision 000-001

Special Provision 000-002

Special Provision 000-007

Required Contract Provisions Federal-Aid Construction

Contracts

All Construction Projects

Nondiscrimination, Sections 3.1-3.6 (include materials and leases of equipment)

Certificate of Nondiscrimination in Employment

Cargo Preference Act Requirements in Federal-Aid

11-25

ENGINEER SEAL

Project F 2027(052), ETC

Highway SH 66, ETC County HUNT, ETC

The enclosed Texas Department of Transportation Specifications, Special Specifications, Special Provisions, General Notes and Specification Data in this document have been selected by me, or under my responsible supervision as being applicable to this project.

Alteration of a sealed document without proper notification to the responsible engineer is an offense under the Texas Engineering Practice Act.

The seal appearing on this document was authorized by:

STRINGER, COLE WESLEY P.E.

September 13, 2026

Seal Applies to CSJ(s):

All CSJs within the Contract

153094

STRINGER, COLE WESLEY

County: HUNT, ETC. Control: 0009-06-056, ETC.

Highway: SH 66, ETC. Sheet:

General Notes Sheet A

GENERAL NOTES

General:

Recordkeeping for this project will be performed by:

Sulphur Springs Area Office 1100 Hillcrest Sulphur Springs, Texas 75483 Phone (903)885-9514

Contractor questions on this project are to be addressed to the following individual(s):

Jesse Herrera, P.E. – Jesse.Herrera@txdot.gov Dustin Lyday, P.E. – Dustin.Lyday@txdot.gov

Questions may be submitted via the Letting Pre-Bid Q&A web page. This webpage can be accessed from the Notice to Contractors dashboard located at the following Address:

https://tableau.txdot.gov/views/ProjectInformationDashboard/NoticetoContractors

All contractor questions will be reviewed by Engineer. All questions and any corresponding responses that are generated will be posted through the same Letting Pre-Bid Q&A web page.

The Letting Pre-Bid Q&A web page for each project can be accessed by using the dashboard to navigate to the project you are interested in by scrolling or filtering the dashboard using the controls on the left. Hover over the blue hyperlink for the project you want to view the Q&A for and click on the link in the window that pops up.

On Contractor request, earthwork cross sections and construction timelines will be posted to TxDOT’s Public FTP at the following Address:

https://ftp.dot.state.tx.us/pub/txdot-info/Pre-Letting%20Responses/ The site is organized by District, Project Type (Construction or Maintenance), Letting Date, CCSJ/Project Name.

Dispose of waste materials at an approved site. Furnish written approval from the property owner before disposal of waste materials.

Locate equipment a minimum of 30 feet from roadway when possible. Place signs and barricades as approved.

mailto:Jesse.Herrera@txdot.gov mailto:Dustin.Lyday@txdot.gov https://tableau.txdot.gov/views/ProjectInformationDashboard/NoticetoContractors https://ftp.dot.state.tx.us/pub/txdot-info/Pre-Letting%20Responses/

County: HUNT, ETC. Control: 0009-06-056, ETC.

General Notes Sheet B

Upon completion of all work provided for in the contract for any individual roadway, an inspection will be conducted, if the work is found to be satisfactory, the Contractor will be released from any further maintenance of that portion of the work. Do not remove construction signs from an accepted highway until the stockpile(s) and staging areas for that roadway have been returned to their pre-existing condition. All staging areas and aggregate stockpile sites will be returned to their pre-existing condition following sealcoat operations prior to moving work to another county. Remove all signing from each job location within 5 days of receiving written acceptance for that job location. Such partial acceptance will be made in writing and will in no way void or alter any terms of the contract.

Perform work in such a way as to avoid damage to vehicles resulting from asphalt and loose aggregate. Conformance with the specifications, standards, and traffic control is considered a minimum effort and is not intended to absolve any liability for damage to vehicles as a result of construction operations.

Stockpile sites for construction materials shall be approved prior to placement of any material.

Give at least 48 hours notification prior to stockpiling material.

Work shall be completed & roadway swept each day 30 minutes prior to sunset.

Private and commercial driveways are not to be sealed.

Item 5 Control of the Work:

Per Item 5.11 FINAL CLEANUP, prior to requesting final inspection the Contractor shall leave the work locations in a neat and presentable condition. This may include but is not limited to mowing, trimming, and removal litter, debris, objectionable material, temporary structures, excess material, and equipment from the work locations.

Item 7 Legal Relations and Responsibilities:

No significant traffic generator events identified.

Notify the appropriate railroad companies two (2) weeks prior to beginning construction activities in the railroad R.O.W

County: HUNT, ETC. Control: 0009-06-056, ETC.

General Notes Sheet C

Item 8 Prosecution and Progress:

Time will begin April 1st, 2027, and Working days will be computed and charged in accordance with (Article 8.3.1.4) Standard Workweek.

Notify and obtain permission from the District Traffic Office a minimum of 24 hours before beginning striping operations each week during the operation. Provide proposed work locations and schedule for the week. Do not place any contract stripe unless the designated striping technician is present. Leaving a recorded message does not meet the aforementioned requirements. Failure to have required weekly permission and designated striping tech present will result in forfeiture of payment for each day these conditions are not met. District Traffic office hours are 8 am. To 5 pm., Monday through Friday. The time of day allowed to work will be as directed.

The latest roadway start work date for sealcoat is May 15, 2027. Once work has started, proceed in a continuous manner until all work is completed.

Provide a Bar Chart progress schedule for this project.

The Engineer may consider extending working days beyond the end of the sealcoat season. If seal season is extended fog seal is required.

All employees working within the TxDOT right of way shall wear a clean TY II or TY III retroreflective safety vest at all times.

Item 9 Measurement and Payment:

Items of work for the Monthly Estimate will be cut off on the 25th of each month. Items of work performed after the 25th will be processed and paid on the following month’s estimate. Material On Hand (MOH) will cut off on the 20th of each month. Special circumstances will be considered on a case-by-case basis.

Item 300 Asphalts, Oils, and Emulsions:

Contractor shall provide 1L (1qt.) clean and dry screw top or friction-lid sampling cans as directed. The contractor shall provide 1 qt. clean and dry wide mouth plastic jars on emulsion samples.

Furnish at least one sample of each type of asphalt used per individual reference for QA/QC purposes.

County: HUNT, ETC. Control: 0009-06-056, ETC.

General Notes Sheet D

Item 302 Aggregates for Surface Treatments:

Use unmodified AC or PG for pre-coating aggregate. Emulsion pre-coating will not be allowed.

Provide pre-coated aggregate with a residual bitumen target value of 1% by weight.

Use liquid antistrip or other approved antistrip agent complying with the requirements of Item 301 Asphalt Antistripping Agents. The aggregate will be evaluated for moisture susceptibility using test method TEX-530-C.

Item 316 Seal Coat:

Rates of application and quantities shown on the plans of surface treatment are for estimating purposes only. It is the contractor’s responsibility to verify all quantities prior to ordering and delivering materials.

Allow for minimum of 7 calendar day cure time before the application of fog seal.

Unless otherwise permitted by the Engineer in writing, the open season for AC asphalt will be:

May 15 - August 31. AC shall not be placed when nighttime temperatures are to be 65 degrees or less as forecasted by the National Oceanic Atmospheric Administration (NOAA)

Asphalt emulsion season shall begin April 1st and end August 31st unless otherwise directed by the Engineer. Emulsion shall only be place when daytime temperatures are below 95°F or as directed by the engineer.

The Engineer will retrieve a minimum of one asphalt sample from the job site for each type of asphalt used for each particular reference for quality control purposes.

Protect any and all existing bridges, curbs and any other exposed surfaces from asphaltic materials by any acceptable method. Removal of asphaltic materials deposited on these surfaces will be at the contractor’s expense.

Utilize an asphalt distributor capable of providing a transversely varied asphalt rate. When a transversely varied rate is required, the asphalt rate outside of the wheel paths will be between 22 and 32% higher than the asphalt rate applied in the wheel paths. The Engineer will select the pavements where the transversely varied asphalt rate is required, this application will be determined based on field conditions at the time of the asphalt placement. Provide calibration documents to the engineer that include a description of the spray bar(s) and nozzles used and the percentage difference in asphalt rate achieved by each tested spray bar and nozzle arrangement.

The nozzles proposed for use shall be clearly stamped or marked from the factory identifying the nozzle size and manufacturer.

County: HUNT, ETC. Control: 0009-06-056, ETC.

General Notes Sheet E

Item 316 Seal Coat (cont):

DESIGN

RATES

EMULSION

ASPHALT RATE

AGGREGATE

RATE

FRICTIONAL

ASPHALT

SURFACE

PRESERVATION

AC ASPHALT

RATE

AGGREGATE

RATE

FOG SEAL

GR 3 PB 0.44 gal per sy

115 SY/CY

GR 4 PB 0.36 gal per sy

130 SY/CY

GR 4 B 0.42 gal per sy

120 SY/CY

0.15 gal per sy 40/60 Dilution

APPLY BASED ON

SS 3001

The information above is intended to provide general guidance and as a basis of estimate. Based on the season and weather conditions at the time, the engineer will determine the asphalt type and rates to be used at the time of application.

Item 502 Barricades, Signs and Traffic Handling:

The Contractor Force Account “Safety Contingency” that has been established for this project is intended to be utilized for work zone enhancements, to improve the effectiveness of the Traffic Control Plan, that could not be foreseen in the project planning and design stage. These enhancements will be mutually agreed upon by the Engineer and the Contractor’s Responsible Person based on weekly or more frequent traffic management reviews on the project. The Engineer may choose to use existing bid items if it does not slow the implementation of enhancement.

The following items will be required for flagger on this project:

1. Flaggers are required to wear a white hard hat while performing flagging operations.

2. Flaggers will be required at the intersection of all State maintained roadways.

3. Flaggers may be required at other high traffic generating intersections as deemed necessary by the Area Engineer.

The traffic control plan for this contract consists of the installation and maintenance of warning signs and other traffic control devices shown in the plans, specification data which may be included in the general notes, applicable provisions of the Texas Manual on Uniform Traffic Control Devices (TMUTCD), traffic control plan sheets included in the plans, standard BC sheets and Item 502 of the Standard Specifications.

County: HUNT, ETC. Control: 0009-06-056, ETC.

General Notes Sheet F

Do not begin Item 502, Barricades, Signs, and Traffic Handling, on the roadway until both of the following conditions are met:

1. The work schedule is approved.

2. No more than 5 workdays will pass between the beginning of Item 502 and the actual commencement of roadway work bid items.

Correct all deficiencies within the time frame noted on the Traffic Control Device Inspection Form 599. Failure to make corrections within time frame specified may result in no payment for this Item for the month of the noted deficiency.

The pavement will be entirely open to traffic each night.

Review traffic control details described on TCP (SC-7)-21. This sheet includes provisions for certain signs to be installed which are to remain in place until standard pavement markings are in place. These signs are in addition to the signs and barricades that may be required on the Barricade and Construction Standards. Erect R4-1, (Do Not Pass) and R4-2 (Pass with Care) signs to mark no passing zones as directed.

Provide flaggers as directed. A minimum of two flaggers will be required, as well as an adequate number of flaggers to cover all side roads within the active work zone. All employees performing flagging duties will be required to wear a white hard hat / safety helmet.

Display “FLAGGER AHEAD “and “BE PREPARED TO STOP” signs only when flaggers are working. Furnish all flaggers with long handled stop-slow paddles and operational two-way radios.

Regulate all construction activities and equipment to cause a minimum of inconvenience to the traveling public.

Provide warning signs and flaggers at locations where it is necessary for trucks to stop, load or unload.

Provide and use a pilot car according to Item 510, whenever one lane traffic exists. Do not exceed cycle duration of 10 minutes. This work will not be paid for separately but will be considered subsidiary to Item 502.

The traffic control plan for this contract consists of proper installation and maintenance of warning signs and other traffic control devices shown in the plans, also including the 2024 Standard Specifications, Texas on Uniform Traffic Control Devices (TMUTCD), Traffic Control plan sheets included in the plans, Traffic Control Standard Sheets, and General Notes.

County: HUNT, ETC. Control: 0009-06-056, ETC.

General Notes Sheet G

Item 503 Portable Changeable Message Sign:

Two (2) portable changeable message boards are required for advance warning.

Item 505 Truck Mounted Attenuators (TMA) and Trailer Attenuator (TA):

Shadow vehicles with truck mounted attenuator (TMA) are required on the traffic control plan and TCP standards for this project. The contractor will be responsible for determining if one or more of these traffic control operations will be ongoing at the same time to determine the total number of TMAs needed for the project.

Item 506 Temporary Erosion, Sedimentation & Environmental Controls:

It is the intent of this contract that no disturbance of vegetation occurs as a result of the roadway operations. However, if vegetation is disturbed, treat the disturbed area as follows at no additional costs to the department.

Place temporary sediment control fence, or an alternative material as approved, to minimize and control the amount of sediment that might enter receiving waters from the disturbed area(s).

Maintain the sediment controls in a satisfactory manner until the disturbed area(s) is stabilized.

After the area(s) has been stabilized, remove the sediment controls. The location and length of the sediment controls will be determined.

The work performed, materials furnished, equipment, labor, tools, and incidentals will not be measured or paid for directly but will be considered subsidiary to the various bid items.

Item 662 Work Zone Pavement Markings:

Place flexible reflective roadway tabs in accordance with the current TCP (SC-6)-22 during the seal coat operations. Place tabs to indicate the beginning and ending of no passing zones.

Place work zone tabs with covers removed; 30 minutes before sundown on all surfaces sealed during a workday.

Cut, remove, and properly dispose of the upright portions of all work zone tabs prior to acceptance of any roadway. Remove entire tab when located on HMAC or concrete surfaces.

No section of highway included in this contract will be without standard pavement markings for a period longer than 14 calendar days.

County: HUNT, ETC. Control: 0009-06-056, ETC.

General Notes Sheet H

Item 666 Retroreflectorized Pavement Markings:

No contract stripe will be placed unless the inspector is present and at least 24 hours advance notice has been given by the Contractor.

Lay out pilot lines for approval 24 hours prior to all final pavement marking applications.

Use equipment with footage counters capable of measuring the linear footage placed. Calibrate counters prior to the beginning of striping operations.

Item 3001 Frictional Asphalt Surface Preservation Treatment:

Apply based on Special Specifications 3001.

Control : 0009-06-056, ETC Project : F 2027(052), ETC

HUNT, ETC

SH 66, ETCHighway :

County :

TEXAS DEPARTMENT OF TRANSPORTATION

GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS

ALL SPECIFICATIONS AND SPECIAL PROVISIONS APPLICABLE TO THIS PROJECT ARE

IDENTIFIED AS FOLLOWS:

SPECIAL PROVISIONS :

SPECIAL PROVISIONS WILL GOVERN AND TAKE PRECEDENCE OVER

THE SPECIFICATIONS ENUMERATED HEREON WHEREVER IN

CONFLICT THEREWITH.

STANDARD SPECIFICATIONS:

FOG SEAL(300) (316) ITEM 315

SEAL COAT(210) (300) (302) (341) (520) ITEM 316

MOBILIZATIONITEM 500

BARRICADES, SIGNS, AND TRAFFIC HANDLING(503) (505) (510) ITEM 502

PORTABLE CHANGEABLE MESSAGE SIGNITEM 503

TRUCK-MOUNTED ATTENUATOR (TMA) AND TRAILER ATTENUATOR (TA)ITEM 505

WORK ZONE PAVEMENT MARKINGS(666) (668) (672) (677) ITEM 662

RETROREFLECTORIZED PAVEMENT MARKINGS(316) (502) (667) (677) (678) ITEM 666

PREFABRICATED PAVEMENT MARKINGS AND RUMBLE STRIPS(678) ITEM 668

RAISED PAVEMENT MARKERS(677) (678) ITEM 672

ELIMINATING EXISTING PAVEMENT MARKINGS AND MARKERS(300) (302)

(315) (316)

ITEM 677

ITEMS 1-9 INCL., GENERAL REQUIREMENTS AND COVENANTS

ADOPTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION

SEPTEMBER 1, 2024.

STANDARD SPECIFICATIONS ARE INCORPORATED INTO THE

CONTRACT BY REFERENCE.

"NONDISCRIMINATION" (000---001) SPECIAL PROVISION

"CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT" (000---

002)

SPECIAL PROVISION

"ON-THE-JOB TRAINING PROGRAM" (000---004) SPECIAL PROVISION

"CARGO PREFERENCE ACT REQUIREMENTS IN FEDERAL AID

CONTRACTS" (000---007)

SPECIAL PROVISION

"CERTIFICATE OF INTERESTED PARTIES (FORM 1295)" (000---017) SPECIAL PROVISION

"NOTICE OF CONTRACTOR PERFORMANCE EVALUATIONS" (000---

125)

SPECIAL PROVISION

"SCHEDULE OF LIQUIDATED DAMAGES" (000---224) SPECIAL PROVISION

(002---004) SPECIAL PROVISION TO ITEM 002

(003---006) SPECIAL PROVISION TO ITEM 003

(006---009) SPECIAL PROVISION TO ITEM 006

(007---001) SPECIAL PROVISION TO ITEM 007

(008---002) SPECIAL PROVISION TO ITEM 008

REQUIRED CONTRACT PROVISIONS. ALL FEDERAL-AID PROJECTS (REV 06-25) (FORM

FHWA 1273)

WAGE RATES

1-2

GENERAL :

THE ABOVE-LISTED SPECIFICATIONS ITEMS ARE THOSE UNDER WHICH

PAYMENT IS TO BE MADE. THESE, TOGETHER WITH SUCH OTHER PERTINENT

ITEMS, IF ANY, AS MAY BE REFERRED TO IN THE ABOVE-LISTED

SPECIFICATION ITEMS, AND INCLUDING THE SPECIAL PROVISIONS LISTED

ABOVE, CONSTITUTE THE COMPLETE SPECIFICATIONS FOR THIS PROJECT.

SPECIAL SPECIFICATIONS :

(009---002) SPECIAL PROVISION TO ITEM 009

(300---003) SPECIAL PROVISION TO ITEM 300

(316---001) SPECIAL PROVISION TO ITEM 316

(666---002) SPECIAL PROVISION TO ITEM 666

(672---001) SPECIAL PROVISION TO ITEM 672

FRICTIONAL ASPHALTIC SURFACE PRESERVATION TREATMENT(204) (302)

(316)

3001ITEM

2-2

Highway SH 66, ETC County HUNT, ETC

DISADVANTAGED BUSINESS ENTERPRISES

REQUIREMENTS

The following goal for disadvantaged business enterprises is established:

DBE

0%

CHILD SUPPORT STATEMENT

Under section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

CONFLICT OF INTEREST CERTIFICATION

Pursuant to Texas Government Code Section 2261.252(b), the Department is prohibited from entering into contracts in which Department officers and employees have a financial interest.

By signing the Contract, the Contractor certifies that it is not prohibited from entering into a Contract with the Department as a result of a financial interest as defined under Texas Government Code Section 2261.252(b), and that it will exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict of interest with the Department.

The Contractor also certifies that none of the following individuals, nor any of their family members within the second degree of affinity or consanguinity, owns 1% or more interest or has a financial interest as defined under Texas Government Code Section 2261.252(b) in the Contractor:

Any member of the Texas Transportation Commission; and The Department’s Executive Director, General Counsel, Chief of Procurement and Field Support

Operations, Director of Procurement, and Director of Contract Services.

Violation of this certification may result in action by the Department.

E-VERIFY CERTIFICATION

Pursuant to Texas Transportation Code §223.051, all TxDOT contracts for construction, maintenance, or improvement of a highway must include a provision requiring Contractors and subcontractors to use the U.S. Department of Homeland Security’s E-Verify system to determine employment eligibility. By signing the contract, the Contractor certifies that prior to the award of the Contract:

the Contractor has registered with and will, to the extent permitted by law, utilize the United States Department of Homeland Security’s E-Verify system during the term of the Contract to determine the eligibility of all persons hired to perform duties within Texas during the term of the agreement; and the Contractor will require that all subcontractors also register with and, to the extent permitted by law, utilize the United States Department of Homeland Security’s E-Verify system during the term of the subcontract to determine the eligibility of all persons hired to perform duties within Texas during the term of the agreement.

Violation of this requirement constitutes a material breach of the Contract, subjects a subcontractor to removal from the Contract, and subjects the Contractor or subcontractors to possible sanctions in accordance with Title 43, Texas Administrative Code, Chapter 10, Subchapter F, “Sanctions and Suspension for Ethical Violations by Entities Doing Business with the Department.”

_BPSDocName 1-1

Certification Regarding Disclosure of Public Information Pursuant to Subchapter J, Chapter 552, Texas Government Code, contractors executing a contract with a governmental body that results in the expenditure of at least $1 million in public funds must:

1) preserve all contracting information* as provided by the records retention requirements applicable to Texas Department of Transportation (TxDOT) for the duration of the contract,

2) on request of TxDOT, promptly provide any contracting information related to the contract that is in the custody or possession of the entity, and

3) on completion of the contract, either:

A. provide, at no cost to TxDOT, all contracting information related to the contract that is in the custody or possession of the entity, or B. preserve the contracting information related to the contract as provided by the records retention requirements applicable to TxDOT

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract, and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

By entering into Contract, the Contractor agrees to:

• provide, or make available, to TxDOT and any authorized governmental investigating or auditing agency all records, including electronic and payment records related to the contract, for the same period provided by the records retention schedule applicable to TxDOT, and

• ensure that all subcontracts include a clause requiring the same.

* As defined in Government Code §552.003, “Contracting information” means the following information maintained by a governmental body or sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor:

1) information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body;

2) solicitation or bid documents relating to a contract with a governmental body;

3) communications sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor during the solicitation, evaluation, or negotiation of a contract;

4) documents, including bid tabulations, showing the criteria by which a governmental body evaluates each vendor, contractor, potential vendor, or potential contractor responding to a solicitation and, if applicable, an explanation of why the vendor or contractor was selected; and

5) communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.

CERTIFICATION TO NOT BOYCOTT ISRAEL

Pursuant to Texas Government Code §2271.002, the Department must include a provision requiring a written verification affirming that the Contractor does not boycott Israel, as defined in Government Code §808.001, and will not boycott Israel during the term of the contract. This provision applies to a contract that:

1) is with a Contractor that is not a sole proprietorship,

2) is with a Contractor with 10 or more full-time employees, and

3) has a value of $100,000 or more.

By signing the contract, the Contractor certifies that it does not boycott Israel and will not boycott Israel during the term of this contract. “Boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

CERTIFICATION TO NOT BOYCOTT ENERGY COMPANIES

Pursuant to Texas Government Code §2274.002, the Department must include a provision requiring a written verification affirming that the Contractor does not boycott energy companies, as defined in Government Code §809.001, and will not boycott energy companies during the term of the contract. This provision applies to a contract that:

1) is with a Contractor that is not a sole proprietorship,

2) is with a Contractor with 10 or more full-time employees, and

3) has a value of $100,000 or more.

By signing the contract, the Contractor certifies that it does not boycott energy companies and will not boycott energy companies during the term of this contract. “Boycott” means taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (1) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (2) does business with a company described by (1).

CERTIFICATION TO NOT DISCRIMINATE AGAINST

FIREARM ENTITIES OR FIREARM TRADE ASSOCIATIONS

Pursuant to Texas Government Code §2274.002, the Department must include a provision requiring a written verification affirming that the Contractor:

1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined in Government Code §2274.001, and

2) will not discriminate against a firearm entity or firearm trade association during the term of the contract.

This provision applies to a contract that:

1) is with a Contractor that is not a sole proprietorship,

2) is with a Contractor with 10 or more full-time employees, and

3) has a value of $100,000 or more.

By signing the contract, the Contractor certifies that it does not discriminate against a firearm entity or firearm trade association as described and will not do so during the term of this contract. "Discriminate against a firearm entity or firearm trade association" means, with respect to the entity or association, to:

(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. "Discriminate against a firearm entity or firearm trade association" does not include: (1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity ’s or association’s status as a firearm entity or firearm trade association.

FOREIGN ADVERSARIES REQUIREMENTS

Pursuant to Executive Order No. GA-48 relating to the hardening of state government, TxDOT must require any company that submits a bid or proposal with respect to a contract for goods or services to the Department to certify that the company, and, if applicable, any of its holding companies or subsidiaries, is not:

A. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

B. Listed in section 1260H of the 2021 NDAA; or

C. Owned by the government of a country on the U.S. Department of Commerce foreign adversaries list under 15 C.F.R. 791.4; or

D. Controlled by any governing or regulatory body located in a country on the U.S.

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