6982AF18B000021.pdf

INVITATION FOR BID

SOLICITATION NUMBER: 6982AF18B000021

SOLICITATION TYPE: FULL AND OPEN COMPETITION (UNRESTRICTED)

PROJECT NUMBER: CA ERFO DEVA 11(1)

PROJECT NAME: BONNIE CLARE ROAD

BID OPENING DATE:

See Page A-1, Item 13A

This solicitation cites Standard Specifications for

Construction of Roads and Bridges on

Federal Highway Projects, FP-14 US Customary Units

ISSUING OFFICE:

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 W. DAKOTA AVENUE, SUITE 360

LAKEWOOD, CO 80228

Web site: http://www.fbo.gov

E-mail: CFLContracts@dot.gov mailto:CFLContracts@dot.gov

PROJECT CA ERFO DEVA 11(1)

LOCATION DEATH VALLEY NATIONAL PARK

COUNTY INYO

STATE CALIFORNIA

LENGTH SCHEDULE A: 7.52 MILES

OPTION X: 0.0

OPTION Y: 0.0

OPTION Z: 0.0

TYPE OF IMPROVEMENT GRADING, DRAINAGE, LOW WATER

CROSSINGS, ASPHALT SURFACING

TABLE OF CONTENTS

Notice to Bidders ............................................................................................................. A-i

Solicitation, Offer, and Award ........................................................................................ A-1

Bid Schedule .................................................................................................................. A-8

Solicitation Provisions .....................................................................................................B-7

Contract Clauses ..............................................................................................................C-1

Construction Wage Rate Requirement............................................................................ D-1

Division 100 ..................................................................................................................... E-1

Division 150 ................................................................................................................... E-22

Division 200 ................................................................................................................... E-34

Division 300 ................................................................................................................... E-47

Division 400 ................................................................................................................... E-47

Division 500 ................................................................................................................... E-50

Division 600 ................................................................................................................... E-51

Division 700 ................................................................................................................... E-65

APPENDICES

Appendix A ..................................................Small Business Subcontracting Plan Template

Appendix B ......................................................................................... 401 (pending) / 404 Permit

SPECIAL CONTRACT REQUIREMENTS (SCRs)

The following Special Contract Requirements amend and supplement the Standard

Specification for Construction of Roads and Bridges on Federal Highway Projects

NOTICE TO BIDDERS

A-i

ELECTRONIC BIDS WILL NOT BE ACCEPTED. Submit a printed copy of your bid to the address listed on the SF-1442 (Page A-1, Item 8). Submit the following documents with your

Bid Package–

• SF-1442, Solicitation, Offer & Award, Pages A-1 and A-2

• Indication of interest in formal Partnering, Page A-5

• Bid Schedule including Buy American Act & Hazardous Materials, Pages A-8 through A-17

• Bid Guarantee (see FAR Clause 52.228-1), Pages B-1 and B-2. Bid bonds must be originals with original signatures and corporate seals. Photocopies and Faxed copies are NOT acceptable and will make your bid non-responsive.

• Completed the VETS-4212 declaration, Page A-ii; Bidders’ Information, Pages B-3 through

B-6.

• Annual Representations and Certifications (FAR Provision 52.204-8) and Certification Regarding Responsibility Matters (FAR Provision 52.209-5).

• HUBZone small business concerns electing to waive the evaluation preference, complete 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns, Section C.

Bidders should retain all other pages for their information. Bids should be submitted in a sealed enveloped and include the Contractor’s Name, Solicitation Number and the Project Number/Name.

I. PRE-BID INFORMATION

It is the responsibility of the bidder to verify that this solicitation document, including the plans, are complete as listed in the table of contents and the index to sheets. Plan sheets can be found at http://www.fbo.gov and viewed by individual sections, downloaded by individual sections, or the entire plan set downloaded in a zip file. Physical data relevant to this solicitation may also be viewed or downloaded at the above site.

This solicitation and subsequent contract are governed by the Federal Acquisition Regulations

(FAR), agency supplemental regulations, and the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14.

The FP-14 was utilized for the design of this project. Paper copies of the FP-14 will not be provided to bidders or the awarded Prime Contractor. The FP-14 is available electronically at https://flh.fhwa.dot.gov/resources/specs/ . A single paper copy can be obtained from the Research &

Technology Distribution Center (RTPDC) by email report.center@dot.gov .

Applicable FAR provisions and clauses in this IFB are incorporated by reference or full text. FAR provisions and clauses incorporated by reference can be accessed on the Internet at http://www.fbo.gov/ https://flh.fhwa.dot.gov/resources/specs/ mailto:report.center@dot.gov

A-ii http://farsite.hill.af.mil/vffara.htm.

Notice of SAM Registration – you must register in the System for Award Management (SAM – replaced CCR) prior to award of a contract resulting from this solicitation. Failure to register prior to contract award may require award to the next successful registered offeror. See FAR Subpart

4.1103(c). Register online at www.sam.gov.

Representations and Certifications – This solicitation is issued under NAICS 237310 –

Highway, Street & Bridge Construction with a small business size standard of $36.5 million. If your average annual gross receipts for the past 3 years are above $36.5 million, you are a large business for this solicitation. If they are below $36.5 million you are a small business. Please complete the certification listed in paragraph (b) of FAR Provision 52.204-8 Annual Representation and

Certifications. The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. Please include NAICS

237310 in SAM. Before submitting bids, please ensure you have completed your annual representations and certifications electronically at the SAM website at www.sam.gov.

Vets-4212 Reporting: - The Contractor must complete the report if required. See reporting requirements at: www.dol.gov/vets/programs/fcp/main.htm.

My firm had a qualifying Federal Contract in 2017 and has complied with the reporting requirements.

My firm did not have a qualifying Federal Contract in 2017 and is therefore exempt from the reporting requirements

This Solicitation Contains a Price Evaluation Factor - The Government will apply a factor of

10% to an apparent low bid submitted by a large business when we also receive a bid from a certified HUBZone small business concern. The 10% factor does not apply to apparent low bids submitted by small businesses. See FAR Clause 52.219-4 Notice of price evaluation preference for

HUBZone small business concerns.

In the event this full and open competition results in a contract award to a qualified HUBZone SBC after a price evaluation preference, FAR Clause 52.236-1, Performance of Work by the Contractor does not apply.

A qualified HUBZone SBC receiving a contract under this solicitation for general construction must:

(i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor’s employees;

Bid Guarantee – Follow the requirements of FAR Clause 52.228-1 Bid Guarantee and Subpart

102.03 of the FP-14. Bid bonds must be originals and have original signatures and corporate seals.

Photocopied and faxed copies of bonds will be rejected and cause your bid to be non-responsive.

http://farsite.hill.af.mil/vffara.htm http://www.sam.gov/ http://www.sam.gov/ http://www.dol.gov/vets/programs/fcp/main.htm

A-iii

ATTENTION: Minority, Women-owned, and Disadvantaged Business Enterprises (DBEs). The

Department of Transportation (DOT), offers working capital financing and bonding assistance for transportation related contracts. DOT's Bonding Assistance Program (BAP) offers bid, performance and payment bonds on contracts up to $1,000,000. DOT's Short-Term Lending Program (STLP) offers lines of credit to finance accounts receivable. Maximum line of credit is $500,000 with interest at the prime rate. For further information, call (800) 532-1169. Internet address:

http://osdbuweb.dot.gov.

Accuracy and Completeness of Bid- The Contractor is fully responsible to verify that all data is correct when an offer is submitted. Failure to properly update your data may cause the offer to be rejected.

Request for Technical Information – Questions relative to the plans and SCRs for this solicitation will only be accepted in writing (see Item 9 on Page A-3).

TECHNICAL QUESTIONS REGARDING THIS SOLICITATION WILL NOT BE

ACCEPTED AFTER 4 P.M. ON AUGUST 9, 2018

Questions can be submitted to CFLContracts@dot.gov. Questions and answers will be posted at http://www.fbo.gov

Modifications to Bids - Bids may be modified or withdrawn by regular mail, electronic commerce

(email) or facsimile, if such notice is received prior to the time specified for receipt of bids. The

Government will not be responsible for ANY failure attributable to the transmission or receipt of electronic commerce (email) or facsimile data.

For all modifications, we STRONGLY ENCOURAGE you to resubmit the entire bid schedule with a unit price and amount for every bid item, and a Schedule Total. See FAR Provision

52.214-5, Submission of Bids. Modifications which make the bid ambiguous, indefinite, or uncertain as to any essential requirement of the contract will cause the bid to be rejected as nonresponsive.

FAX Number to submit modifications to bids for this project is (720) 963-3360

Email Address to submit modifications to bids for this project is cflcontracts@dot.gov

II. POST AWARD INFORMATION

CFLHD will no longer be providing paper copies of the conformed contract to the Awarded

Prime Contractor.

Subcontracting - FAR Clause 52.219-8, Utilization of Small Business Concerns states that Prime

Contractors afford small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns the maximum practicable opportunity http://osdbuweb.dot.gov/ http://www.fbo.gov/

A-iv to participate in performing contracts let by any Federal agency.

FAR Clause 52.219-9, Small Business Subcontracting Plan, Alternate I, requires that the large business concern who is the successful low bidder on a Federal project with an anticipated award amount exceeding $1.5 million, is required to submit a subcontracting plan prior to contract award.

The subcontracting plan expresses goals in terms of percentages of total planned subcontracting dollars for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. If the apparent successful low bidder fails to submit an acceptable subcontracting plan acceptable to the CO within 7 days of bid opening, that bidder may be ineligible for award of the contract.

Prime Contractors, who are large businesses, are encouraged to post sources sought notices at the

Small Business Administration’s Subcontracting Network (SUB-NET) http://web.sba.gov/subnet/ so that small businesses can identify opportunities in their areas of expertise. The use of SUB-Net fulfills the requirements set forth in Federal Acquisition Regulation (FAR) 5.206, Notice of

Subcontracting Opportunities, for contractors and subcontractors to post notices and thereby increase competition for subcontracts.

A list of currently known business concerns owned and controlled by socially and economically disadvantaged individuals and/or women-owned small business concerns that have indicated an interest in participating in highway construction is available at http://www.sam.gov.

See Appendix A for Sample Small Business Subcontracting Plan.

NOTE:

Consider the following FHWA small business goals in development of Subcontracting plans and efforts:

FHWA Small Business Subcontracting Goals (As of FY 2018)

Business Size Goal (%)

SB 50.0%

SDB 5.0%

HUBZone 3.0%

WOSB 5.0%

SDVOSB 3.0%

Insurance requirements - See Subsection 107.05 of the FP-14.

http://web.sba.gov/subnet/ http://www.sam.gov/

NOTICE: NON-MANDATORY PRE-BID SITE VISIT

This pre-bid meeting notice is being given to solicit contractor interest and to orient contractors with the project site prior to the bid opening. Representatives from the Federal Highway

Administration (FHWA) will conduct a meeting and site visit on Tuesday, August 7, from 9:00 a.m. to approximately 3:00 p.m.

Interested parties will meet at the Furnace Creek Visitor's Center at 9:00 a.m.

Each Bidder will provide their own transportation to review the project sites. Notice: The project is very remote and a 4-wheel drive vehicle is required to access the site. Bring vehicles capable of such conditions. Consolidate staff to one vehicle per bidder.

The agenda, sign-in sheet, any questions answered and other information from the pre-bid meeting will be posted to www.fbo.gov shortly after.

If you would like to attend the pre-bid meeting, please email CFLContracts@dot.gov by Friday, August 3, 2018.

ATTENDANCE AT THE PROJECT PRE-BID MEETING IS NOT MANDATORY TO

BID THE PROJECT.

A-v mailto:ryan.d.phillips@dot.gov

A-1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration or Repair)

1. SOLICITATION NO.

6982AF18B000021

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

07/17/2018

PAGE OF

PAGES

IMPORTANT - THE "OFFER SECTION ON THE REVERSE MUST BE FULLY COMPLETED BY OFFEROR.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

HFLCEO180264PR

6. PROJECT NO.

CA ERFO DEVA 11(1)

7. ISSUED BY:

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS DIVISION

12300 WEST DAKOTA AVENUE, SUITE 167

LAKEWOOD, COLORADO 80228

CODE: 69050001 8. ADDRESS OFFER TO:

Ryan Phillips, Contract Specialist Federal Highway Administration Central Federal Lands Division Office 12300 W. Dakota Avenue Lakewood, CO 80228

9. FOR INFORMATION CALL

SEE PAGE A-3

A. NAME:

SEE PAGE A-3

B. TELEPHONE NO. (Include area code)

SEE PAGE A-3

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS:

ROADWAY CONSTRUCTION PROJECT IN STRICT ACCORDANCE WITH:

1. FEDERAL ACQUISITION AND TRANSPORATION ACQUISITION REGULATIONS (FAR & TAR)

2. DEPARTMENT OF LABOR, CONSTRUCTION WAGE RATE REQUIREMENT RATES

3. SPECIAL CONTRACT REQUIREMENTS

4. PLANS

5. BID SCHEDULE

6. STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY

PROJECTS, FP-14, U.S. CUSTOMARY UNITS

7. SUBCONTRACTING PLAN (IF APPLICABLE)

See Subsection 104.04 of the FP-14 for governing order of precedence

11. The Contractor shall begin performance within 10 calendar days and complete it within * calendar days after receiving award notice to proceed. The performance period is mandatory negotiable. *Refer to Subsection 108.01 as amended in the Special Contract Requirements.

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.) YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8. by 2:00 p.m. (hour) local time on 8/16/18 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is is not required.

C. All offers are subject to the (1) work requirements and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-102 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53-236-1(e)

X

X

X

X

X

A-2

GPO: 1985 0 - 469-796 STANDARD FORM 1442 PAGE 2 (REV. 4-85)

OFFEROR (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

DUNS NO.

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing with calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE INDIVIDUAL BID SCHEDULE(S)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED

TO SIGN OFFER (Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 27

(4 copies unless otherwise specified)

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

□ 15 U.S.C. 637( ) □ 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE: 27. PAYMENT WILL BE MADE BY

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 W. DAKOTA AVENUE, SUITE 167

LAKEWOOD, COLORADO 80228

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by

(a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON

AUTHORIZED TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

A-3

Item 8: LOCATION OF PUBLIC BID OPENING: Offers must be received by designated date and time as stated in Item 13A.

Item 9: FOR GENERAL INFORMATION: E-mail us at CFLContracts@dot.gov.

FOR TECHNICAL INFORMATION (plans and specifications): Questions must be submitted in writing by e-mail at CFLContracts@dot.gov .

FOR PHYSICAL DATA: The following data is available electronically with this solicitation at:

Hydraulics Report Geotech Report Pavements Report

Item 11: COMPLETION DATE: Work shall be completed on or before the date specified in Subsection 108.01 of the SCRs.

Item 12A: PERFORMANCE AND PAYMENT BONDS: See FAR Clause 52.228-15 Performance and Payment Bonds-Construction (Clauses begin on Page C-1) and Subsection 102.06 of the FP-14.

Item 13B: BID BOND AMOUNT: See FAR Provision 52.228-1 Bid Guarantee (Provisions begin on Page B-1) and Subsection 102.03 Bid Guarantee of the FP-14. All bid guarantees must have original signatures with original corporate seals.

Item 19: ACKNOWLEDGMENT OF AMENDMENTS: FAILURE TO

ACKNOWLEDGE AMENDMENTS, IN ITEM 19 OF THE SF-1442, BY THE

DESIGNATED DATE AND HOUR SPECIFIED IN THE SOLICITATION

MAY RESULT IN REJECTION OF YOUR BID. If amendments are issued, they will be posted to www.fbo.gov.

Item 24: SUBMITTING INVOICES: See Subsection 109.08 Progress Payments of the

FP-14.

ESTIMATED

PRICE: The price range of the project work is between $10 and $14 million.

mailto:CFLContracts@dot.gov

A-4

Bid Schedule Instructions

BIDDERS, PLEASE NOTE: This Bid Proposal is comprised of one schedule and three options.

Before preparing the bid, carefully read the Solicitation Provisions and the following:

• Insert a numeric unit bid price for each pay item for which a quantity appears in the bid schedule. Unit bid prices should be quoted no more precisely than the nearest cent (2 decimal places). Unit bid prices quoted more precisely will be rounded up to the nearest cent by the Government

• Multiply the unit price by the quantity for each pay item and show the amount bid.

When the words “Lump Sum” appear as a unit bid price, insert an amount for each lump sum pay item.

• Total all amounts bid for each pay item and show the Construction Cost Total on the space provided on the last page of each schedule or option.

• Also show the Construction Cost Total for each schedule/option as well as the combined Total of each Schedule and the Option in the spaces provided on the Bid Summary page.

NOTE: If the amount bid for a pay item is inconsistent with the product of the unit price provided by the bidder and the quantity provided by the Government, the unit price will govern and the

Government will determine a corrected amount bid for the pay item by multiplying the unit price by the quantity.

Pay Item 15401-0000, Contractor testing

Bidders must provide prices on alternative Contractor Testing pay items for EACH SCHEDULE.

Bidders must provide a price for Contractor Testing using a Contractor-furnished field laboratory for each schedule. The price for this item will be included in the Construction Cost Total for each schedule and all totals on the Bid Summary, page A-17, therefore, included in the evaluation for award.

Bidders must also provide a stand alone price on the last page of each schedule for the alternative item, Contractor Testing using a Government-furnished field laboratory, at the end of each bid schedule.

This price will not be factored into the evaluation for award.

The Government retains the discretion to award a contract which includes either of the alternative

Contractor Testing items at the respective bid price.

Basis for Award

To be eligible for award of contract, the offeror shall submit prices for each item in Bid Schedule A and

Options X, Y and Z. Accordingly, contract award will be made to the lowest responsible bidder conforming to the solicitation, provided funds are available.

A-5

Per FAR provision 52.217-5, Evaluation of Options (JULY 1990), the Government will evaluate offers for award purposes by adding the total price for all options to the total price for Schedule A.

Evaluation of options will not obligate the Government to exercise the option(s). If the determination is made to exercise any of the Options, the Contracting Officer will provide the contractor with written notice no later than 90 days after contract award, per FAR clause 52.217-7, Option for Increased Quantity- Separately Priced Line Item (MAR 1989).

Partnering

A Partnership recognizes the Government and the Contractor are both responsible and can affect the successful completion of this project. Partnering is a vehicle to ensure the partnership has structure and quality. It recognizes the strengths of each party and uses those strengths to identify and achieve shared goals. One of the primary objectives of Partnering is to facilitate the resolution of disputes in a timely, professional, and non-adversarial manner with the outcome focused on achieving those shared goals.

CFLHD supports the concepts and tenets of Partnering and as such is encouraging the Contractors and it’s subcontractors to establish a Partnering relationship on this project.

A formal Partnering meeting can help facilitate this relationship by helping do document the parties’ common purpose and goals, and ensuring alignment. The goals are mutually agreed upon and address effective and efficient performance within the scope of the contract.

Participation in a formal Partnering meeting is voluntary. Costs of implementing and maintaining the partnership would be agreed to by both parties as described in Subsection 103.05 Partnering of the FP-14. Costs of partnering would be in addition to the contract award amount.

Please indicate your desire to participate in a formal partnering meeting on this project.

(___) We would like to participate in a formal partnering meeting.

(___) We do not want to participate in a formal partnering meeting.

BUY AMERICAN ACT- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS

It is understood and agreed that the materials and components listed in Subparts 25.1 and 25.2 of the FAR are a part of this contract and are deemed to be Domestic Construction Material for the purposes of this contract.

NOTE TO CONTRACTOR:

The following information and any applicable supporting data is required for evaluation of requests under FAR Clause 52.225-11 Paragraph (c) & (d) and FAR Provision 52.225-12 Paragraph (b).

Material and/or Component

Construction Material Description Unit of Measure Quantity *Cost Delivered to Job Site

Foreign Construction Material

Comparable Domestic Material

Material and/or Component

Construction Material Description Unit of Measure Quantity *Cost Delivered to Job Site

Foreign Construction Material

Comparable Domestic Material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] [Please include name, address, telephone number and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include all applicable supporting information.]

A-6

HAZARDOUS MATERIALS

As required by FAR Clause 52.223-3, Hazardous Materials Identification and Safety Data - Alternate I, the apparent low bidder must submit prior to award a Material Safety Data Sheet (MSDS) for all hazardous materials that the bidder identifies in paragraph (b) of the FAR clause and defined under the latest version of Federal Standard No. 313.

Hazardous Material Identification Number

USE OF RECOVERED MATERIALS ON FEDERAL LANDS HIGHWAY PROJECTS

Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and

Recovery Act (RCRA) of 1976, as amended (42 U.S.C. 6901 et seq.), requires Federal, State, and local procuring agencies using appropriated Federal funds to purchase items composed of the highest percentage of recovered materials practical. Use of recovered materials is strongly encouraged on Federal Lands Highway Projects. Highway construction items covered by the

Environmental Protection Agency’s Comprehensive Guidelines for Procurement of Products

Containing Recovered Materials include fly ash, ground granulated blast furnace slag, traffic barricades, traffic cones, hydraulic mulch and compost for mulch.

Use of fly ash and ground granulated blast furnace slag and construction materials containing fly ash and ground granulated blast furnace slag on Federal Lands Highway Projects:

It is the policy of the United States Government that fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag shall have maximum practicable opportunity for incorporation into its construction projects.

The Contractor agrees to investigate the use of fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag to the fullest extent consistent with the efficient performance of this contract. Both the contractor and the subcontractors are urged to seek out suppliers of fly ash and ground granulated blast furnace slag, cement and concrete containing fly ash and ground granulated blast furnace slag and to solicit bids for these materials.

Names of firms that supply fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag are available from the American

Coal Ash Association and the National Slag Association.

A-7

Page A - 8

Bidder/Offeror please note: Before preparing the bid, carefully read the Solicitation Provisions. Insert a unit bid price, in figures, for each pay item for which a quantity appears in the bid schedule. Multiply the unit price by the quantity for each pay item and show the amount bid. Should any mathematical check made by the Government show a mistake in the amount bid, the corrected unit price extension shall govern. When the word "LPSM" (Lump Sum) appears as a unit bid price, insert an amount for each lump sum pay item. When a sum based on a fixed rate appears for any pay item in the amount bid column, include the Government inserted amount bid for the item in the total bid amount. Total all of the amounts bid for each pay item and show the total bid amount.

Bid Schedule

Project No:CA ERFO DEVA 11(1)

Project Name:Bonnie Clare Road

Page A - 9

Item No. Pay Item No. Description Quantity Unit Unit Price Amount

A0020 15101-0000 MOBILIZATION

ALL LPSM $___LPSM_____ $____________

A0040 15210-3000 CENTERLINE, VERIFICATION AND STAKING

2.228 MILE $____________ $____________

A0060 15215-3000 SURVEY AND STAKING, DRAINAGE STRUCTURE

10 EACH $____________ $____________

A0080 15225-0000 SLOPE, REFERENCE, AND CLEARING AND GRUBBING CONTROL

5.321 MILE $____________ $____________

A0100 15236-2000 SURVEY CONTROL, GRADE FINISHING

10.642 MILE $____________ $____________

A0120 15301-0000 CONTRACTOR QUALITY CONTROL

ALL LPSM $___LPSM_____ $____________

A0140 15401-0000 CONTRACTOR TESTING (Contractor-furnished Lab)

ALL LPSM $___LPSM_____ $____________

A0160 15501-0000 CONSTRUCTION SCHEDULE

ALL LPSM $___LPSM_____ $____________

A0180 15705-1400 SOIL EROSION CONTROL, FIBER ROLL

5,800 LNFT $____________ $____________

A0200 15706-1600 SOIL EROSION CONTROL, STABILIZED CONSTRUCTION EXIT

4 EACH $____________ $____________

A0220 15802-0000 WATERING FOR DUST CONTROL

ALL LPSM $___LPSM_____ $____________

A0240 20102-0000 CLEARING AND GRUBBING

ALL LPSM $___LPSM_____ $____________

A0260 20304-1000 REMOVAL OF STRUCTURES AND OBSTRUCTIONS

ALL LPSM $___LPSM_____ $____________

A0280 20402-0000 SUBEXCAVATION

500 CUYD $____________ $____________

Bid Schedule Schedule:A Schedule Type:Base

Page A - 10

A0300 20420-0000 EMBANKMENT CONSTRUCTION

39,000 CUYD $____________ $____________

A0320 20425-1000 DITCH, EXCAVATION

850 LNFT $____________ $____________

A0340 21101-1000 ROADWAY OBLITERATION, METHOD 1

19,000 SQYD $____________ $____________

A0360 21101-2000 ROADWAY OBLITERATION, METHOD 2

26,300 SQYD $____________ $____________

A0380 25101-0200 PLACED RIPRAP, METHOD A, CLASS 2

40 CUYD $____________ $____________

A0400 25101-2500 PLACED RIPRAP, METHOD B, CLASS 5

1,000 CUYD $____________ $____________

A0420 25125-0000 BOULDER (3-FEET MIN.)

10 EACH $____________ $____________

A0440 25210-0000 ROCKERY

21,300 SQFT $____________ $____________

A0460 25305-1000 REVET MATTRESS, GALVANIZED OR ALUMINIZED COATED

25,400 SQYD $____________ $____________

A0480 27001-0000 GROUT

60 CUYD $____________ $____________

A0520 30101-0000 AGGREGATE BASE

13,100 TON $____________ $____________

A0540 30301-1000 DITCH RECONDITIONING

5.400 MILE $____________ $____________

A0560 30302-2000 SHOULDER RECONDITIONING

2,100 LNFT $____________ $____________

A0600 40101-5600 ASPHALT CONCRETE PAVEMENT, GYRATORY MIX, 1/2-INCH OR 3/4-INCH

NOMINAL MAXIMUM SIZE AGGREGATE, 0.3 TO <3 MILLION ESAL

10,370 TON $____________ $____________

Bid Schedule Schedule:A Schedule Type:Base

Page A - 11

A0620 40105-3000 ANTISTRIP ADDITIVE, TYPE 3

105 TON $____________ $____________

A0660 40601-0000 FOG SEAL

53 TON $____________ $____________

A0680 41102-1000 PRIME COAT, METHOD 1

60,050 SQYD $____________ $____________

A0700 41105-0000 BLOTTER

84 TON $____________ $____________

A0720 41201-0000 TACK COAT

30 TON $____________ $____________

A0740 60101-0000 CONCRETE

40 CUYD $____________ $____________

A0760 60501-0000 STANDARD UNDERDRAIN SYSTEM

305 LNFT $____________ $____________

A0780 60901-1100 CURB, CONCRETE, 13-INCH DEPTH

6,600 LNFT $____________ $____________

A0800 61801-0000 CONCRETE BARRIER

33,000 LNFT $____________ $____________

A0820 62201-0200 DUMP TRUCK, 8 CUBIC YARD MINIMUM CAPACITY

160 HOUR $____________ $____________

A0840 62201-0350 BACKHOE

80 HOUR $____________ $____________

A0860 62201-1100 WHEEL LOADER, 6 CUBIC YARD MINIMUM RATED CAPACITY

100 HOUR $____________ $____________

A0880 62201-2850 MOTOR GRADER, 12 FOOT MINIMUM BLADE

100 HOUR $____________ $____________

A0900 62201-3500 LOADER, WHEEL, SKID STEER, 40HP MINIMUM

20 HOUR $____________ $____________

Bid Schedule Schedule:A Schedule Type:Base

Page A - 12

A0920 62301-0000 GENERAL LABOR

240 HOUR $____________ $____________

A0940 62302-1000 SPECIAL LABOR, HIRED TECHNICAL SERVICES

40 HOUR $____________ $____________

A0960 62302-1100 SPECIAL LABOR, HIRED SURVEY SERVICES

40 HOUR $____________ $____________

A0980 62635-1000 CUTTINGS, COTTONWOOD POLE

200 EACH $____________ $____________

A1000 62635-2000 CUTTINGS, WILLOW STAKING

800 EACH $____________ $____________

A1020 63301-0000 SIGN SYSTEM

70 EACH $____________ $____________

A1040 63309-0000 DELINEATOR

470 EACH $____________ $____________

A1060 63402-0300 PAVEMENT MARKINGS, TYPE B, SOLID

51.0 MILE $____________ $____________

A1080 63402-0400 PAVEMENT MARKINGS, TYPE B, BROKEN

7.0 MILE $____________ $____________

A1100 63501-0000 TEMPORARY TRAFFIC CONTROL

ALL LPSM $___LPSM_____ $____________

A1120 63503-1000 TEMPORARY TRAFFIC CONTROL, PLASTIC FENCE

5,000 LNFT $____________ $____________

A1140 64704-2000 MITIGATION, ROCK WEIR

157 CUYD $____________ $____________

Submitted by:____________________________________ Schedule Total:____________

Bid Schedule Schedule:A Schedule Type:Base

Project No:CA ERFO DEVA 11(1)

Project Name:Bonnie Clare Road

A0140 15401-0000 CONTRACTOR TESTING (Government-furnished Lab)

ALL LPSM $___LPSM_____ $____________BID ALTERNATE ITEM - SEE PAGE A-4

Page A - 13

X0020 15101-0000 MOBILIZATION

ALL LPSM $___LPSM_____ $____________

X0040 15301-0000 CONTRACTOR QUALITY CONTROL

ALL LPSM $___LPSM_____ $____________

X0060 15401-0000 CONTRACTOR TESTING (Contractor-furnished lab)

ALL LPSM $___LPSM_____ $____________

X0080 15501-0000 CONSTRUCTION SCHEDULE

ALL LPSM $___LPSM_____ $____________

X0100 61101-0000 WATER SYSTEM

ALL LPSM $___LPSM_____ $____________

Submitted by:____________________________________ Schedule Total:____________

Bid Schedule Schedule:X Schedule Type:Options

Project No:CA ERFO DEVA 11(1)

Project Name:Bonnie Clare Road

X0060 15401-0000 CONTRACTOR TESTING (Government-furnished lab)

Page A - 14

Y0020 15101-0000 MOBILIZATION

ALL LPSM $___LPSM_____ $____________

Y0040 15214-0000 SURVEY AND STAKING, MISCELLANEOUS

ALL LPSM $___LPSM_____ $____________

Y0060 15301-0000 CONTRACTOR QUALITY CONTROL

ALL LPSM $___LPSM_____ $____________

Y0080 15401-0000 CONTRACTOR TESTING (Contractor-furnished lab)

ALL LPSM $___LPSM_____ $____________

Y0100 61901-0100 FENCE, WOVEN WIRE (58 INCH V-MESH)

150 LNFT $____________ $____________

Y0120 61901-0800 FENCE, BARBED WIRE, 3 STRAND

7,300 LNFT $____________ $____________

Y0140 61901-3400 FENCE, COMBINATION WIRE

310 LNFT $____________ $____________

Y0160 61902-0900 GATE, METAL

2 EACH $____________ $____________

Y0180 61907-0000 FENCE POST (WOOD, 9 FT)

11 EACH $____________ $____________

Y0200 61907-1000 FENCE POST, CONCRETE (RESET)

53 EACH $____________ $____________

Y0220 61907-1000 FENCE POST, CONCRETE (9 FT)

250 EACH $____________ $____________

Y0240 61907-1000 FENCE POST, CONCRETE (11 FT)

6 EACH $____________ $____________

Y0260 61907-1000 FENCE POST, CONCRETE (CORNER POST)

1 EACH $____________ $____________

Bid Schedule Schedule:Y Schedule Type:Options

Page A - 15

Submitted by:____________________________________ Schedule Total:____________

Bid Schedule Schedule:Y Schedule Type:Options

Project No:CA ERFO DEVA 11(1)

Project Name:Bonnie Clare Road

Y0080 15401-0000 CONTRACTOR TESTING (Government-furnished lab)

Page A - 16

Z0020 15101-0000 MOBILIZATION

ALL LPSM $___LPSM_____ $____________

Z0040 15215-3000 SURVEY AND STAKING, DRAINAGE STRUCTURE

1 EACH $____________ $____________

Z0060 15301-0000 CONTRACTOR QUALITY CONTROL

ALL LPSM $___LPSM_____ $____________

Z0080 15401-0000 CONTRACTOR TESTING (Contractor-furnished lab)

ALL LPSM $___LPSM_____ $____________

Z0100 20304-1000 REMOVAL OF STRUCTURES AND OBSTRUCTIONS

ALL LPSM $___LPSM_____ $____________

Z0120 20420-0000 EMBANKMENT CONSTRUCTION

225 CUYD $____________ $____________

Z0140 20820-0000 DEWATERING

ALL LPSM $___LPSM_____ $____________

Z0160 25306-1000 REVETMENT MAT, ARTICULATED CONCRETE BLOCK

1,100 SQYD $____________ $____________

Z0180 61401-0000 LEAN CONCRETE BACKFILL

5 CUYD $____________ $____________

Submitted by:____________________________________ Schedule Total:____________

Bid Schedule Schedule:Z Schedule Type:Options

Project No:CA ERFO DEVA 11(1)

Project Name:Bonnie Clare Road

Z0080 15401-0000 CONTRACTOR TESTING (Government-furnished lab)

Page A - 17

Bid Schedule Summary

Schedule Bid Total

Schedule A - Base(Page A - 9)

Schedule X - Option(Page A - 13)

Schedule Y - Option(Page A - 14)

Schedule Z - Option(Page A - 16)

Total - Schedules

Submitted By: ________________________________

Bid Schedule

B-1

BID BOND

(See instructions on reverse)

DATE BOND EXECUTED (Must not be later than bid opening date) OMB NO. 9000-0045

Expiration Date: 7/31/19

Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division, GSA, Washington, D.C. 20405.

PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION (AX@ one)

INDIVIDUAL PARTNERSHIP

JOINT VENTURE CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name and business address)

PENAL SUM OF BOND BID IDENTIFICATION

PERCENT OF

BID PRICE AMOUNT NOT TO EXCEED

BID DATE INVITATION NO.

6982AF18B000021

20 PERCENT

MILLION(S) THOUSAND(S) HUNDRED(S) CENTS FOR (Construction, Supplies or Services) CONSTRUCTION

OBLIGATION:

We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum “jointly and severally” as well as “severally” only for the purpose of allowing a joint action or actions against any or all of

us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.

CONDITIONS:

The Principal has submitted the bid identified above.

THEREFORE:

The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty

(60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.

Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of time for acceptance of the bid that the Principal may grant to the Government. Notice to the surety(ies) of extension(s) are waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.

WITNESS:

The Principal and Surety(ies) executed this bid bond and affixed their seals on the above date.

PRINCIPAL

SIGNATURE(S)

1.

(Seal)

2.

(Seal)

3.

(Seal) Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2. 3.

INDIVIDUAL SURETY(IES)

SIGNATURE(S)

1.

(Seal)

2.

(Seal)

NAME(S)

(Typed)

1. 2.

CORPORATE SURETY(IES)

NAME &

ADDRESS

STATE OF INCOPORATION LIABILITY LIMIT($)

SURETY A

SIGNATURE(S)

1. 2.

Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 24 (Rev. 8/2016) Previous edition is usable Prescribed by GSA - FAR (48 CFR) 53.228(a)

B-2 CORPORATE SURETY(IES) (Continued)

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SURETY B SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SURETY C SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SURETY D SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SURETY E SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SURETY F SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SURETY G SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.

2. Insert the full legal name and business address of the Principal in the space designated “Principal” on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed 3,000,000.00 dollars).

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury=s list of approved sureties and must act within the limitation listed therein. Where more than one corporate surety is involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed “CORPORATE SURETY(IES).” In the space designated “SURETY(IES)” on the face of the form, insert only the letter identification of the sureties.

(b) Where individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28), for each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financial capacity.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word “Corporate Seal”;

and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms “bid” and “bidder” shall include “proposal” and “offeror.”

STANDARD FORM 24 (Rev. 8/2016) BACK

B-3

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

BIDDER'S INFORMATION

INSTRUCTIONS: Answer all questions on this form inserting "none" or "not applicable" where appropriate. If more space is required attach additional sheets. Return the signed, dated and completed form with the bid to the address shown in the invitation for bids on or before the time set for bid opening. The prospective bidder shall provide any additional information requested by the Government during evaluation of the bids.

If the prospective bidder is a joint venture or general partnership, a separate Bidder's Qualifications form shall be provided individually for each joint venture participant or partner.

1. Name and address of business:

Name DUNS Number (See FAR Provision 52.204-6)*

Street Home Office Congressional District (Insert District #) *

City State Zip Code

* Necessary for Government reporting purposes only

To obtain a Dun & Street number, call

County 800-333-0505.

Telephone Number (Include Area Code)

Fax Number (Include Area Code) E-mail address

2. a. Type of organization (check appropriate box):

If a Foreign entity:

Individual

Non-profit organization

Corporation

Partnership

Joint Venture

Registered in:

b. Size and type of Business Concern (check appropriate boxes):

Large Business Concern

Small Disadvantaged Business Concern

Emerging Small Business

Small Business Concern

Women-Owned Small Business

SBA 8(a) Certified

HUB Zone Business Concern

Veteran Owned Business Concern

Service-Disabled Veteran-Owned Business Concern

Individual

Non-profit organization

Corporation

Partnership

Joint Venture

Incorporated in:

B-4

3. If a joint venture or general partnership:

a. Provide the name under which the project will be bid, the home office address, and name of the principal who will represent the company with regard to this project if different from "1." above.

Principal

Business Name

Street

City State Zip Code

b. Provide the name and home office addresses of each of the joint venture partners; indicate which partner is the sponsoring partner. Attach a separate sheet for additional partners.

Sponsoring Partner Other Partner

Street Street

City State Zip Code City State Zip Code

4. Date organization established: _______________________

5. Name of succeeded business, if any: _________________________________________________________

6. How many years have you been in business as:

a. General contractor years.

b. Subcontractor years.

7. a. Furnish the following information concerning the owner, partners, officers and directors:

Percent of Business Owned

Years of Business Experience

Name

Title

Contracting

Other

b. Attach resumes of these key personnel as well as the on-site project manager(s) and superintendent(s), and specifically identify the following:

- Present position, responsibility, and length of employment.

- Amount and type of construction experience.

- Amount and type of highway construction experience, including position, responsibility, and a brief project description of each period of employment.

- Formal education and training, professional or technical registrations or licenses.

B-5

8. a. Contracts in force. (Attach additional sheets if necessary)

Project Name and

Contract Numbers

Owner's Name, Address, and

Contact Name and Email

Scope of Work Performed

Contract Amount

Estimated

Completion Date

Name of Surety

b. Are there any unresolved claims or lawsuits associated with these projects? If so, state the amount in dispute, parties involved, nature and circumstances of the dispute, and status of the matter on a separate sheet.

B-6

9. a. List at least five of the largest jobs you have completed in the last five years which are similar in project work scope to this project. (Attach additional sheets if necessary)

Project Name and

Contract Numbers

Owner's Name, Address, Contact Name and Email

Scope of Work

Performed

Original and Final

Contract Amounts

Original and Final

Completion Dates

Names of On-site Project

Manager and Superintendent

Name of Surety

b. Are there any unresolved claims or lawsuits associated with these projects? If so, state the amount in dispute, parties involved, nature and circumstances of the dispute, and status of the matter on a separate sheet

B-7

Solicitation Provisions

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. (SEP 2007)

52.203-18, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements-Representation. (JAN 2017)

(a) Definition. As used in this provision--

Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form

4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation.