Amendment 02.doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

USDA Forest Service

Rocky Mountain Region, Central Zone Acquisitions 2840 Kachina Drive

Pueblo, Colorado 81008

FORMCHECKBOX

AG-82X9-S-08-0211

9B. DATED (SEE ITEM 11)

06/24/2008

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10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of

Offers __ is extended, XX__ is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning one copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

THE CONTRACT ORDER NO. IN ITEM 10A.

FORMCHECKBOX

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B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

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D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor FORMCHECKBOX is not, FORMCHECKBOX is required to sign this document and return ONE copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

Project Title: Turquoise Water System Rehab, San Isabel National Forest

Purpose of this amendment is to document prebid meeting/site visit held on 07/15/2008 and incorporate any resulting changes.

Proposal due date of August 01, 2008 remains unchanged.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Ida Marino, Contracting Officer

(Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Prescribed by GSA

FAR (48 CFR) 53.243

Turquoise Water System Rehab/Solicitation No. AG-82X9-S-08-0211/Amend 02

A prebid meeting for the Turquoise Lake Water System Rehab was conducted on July 15, 2008 at 10:30 AM.

The following contractors attended:

John McMillon

Valley Construction

3514 E. St. Vrain Suite A

Colorado Springs, Co. 80904

719-338-4199.

Brian Clark

Pipe Line Specialties

1135 Chambers Dr.

Colorado Springs, Co. 80704

719-232-0185

Greg Horvat

K.R. Swerdfeger Const.

421 E. Industrial

Pueblo West, Co. 81007

719-252-8839

Bill Caldwell

Hydraulic Energy

6800 Stapleton Dr.

Denver, Co. 80216

303-333-7442

Shawn Shake

Whitewater Systems

P.O. Box 4356

Buena Vista, Co. 81211

719-530-1448 Ron Koch/Tim Krocesky

ACA Products

P.O. Box 1887

Buena Vista, Co. 81211

719-395-3790

Rick & Anne Mallet

Mallett Excavating

1313 Rampart Range Rd.

Woodland Park, Co. 80863

719-687-6920

Travis Holzer

Kemp and Co. Supply

1353 Chambers Ave.

Eagle, Co. 81631

970-328-5367

The meeting started at the Leadville Ranger District office. A question and answer session was conducted in the office. We then traveled to the project site, and visited the Well House (applicable to Pay Items 11-18); Tabor Boat Ramp, which is the terminus for a portion of the 2” HDPE water line installation (Pay Item #6); Father Dyer Campground, which is the location for the Water Meter and Manhole (Pay Item #8), and several valve replacements; and Printer Boy Campground, which includes portions of the 2” HDPE water line installation (Pay Item #6). After visits to these locations, Mark Varhus informed the group that the plans show all the information on valve locations that the Forest Service is aware of. The pre-bid meeting ended at that time. Note: Pipe and Valve Location will be the successful contractor’s responsibility under Pay Item #9.

Turquoise Water System Rehab/Solicitation No. AG-82X9-S-08-0211/Amend 02

The following questions were asked during the Pre-Bid meeting.

1. What if GPS does not work (for documenting pipe locations) with the tree cover around Turquoise Lake? Answer: The trees covering the utility lines are small trees. We are assuming there is enough opening to obtain satellite signals.

2. Can valves in campgrounds be excavated (but not removed) prior to the fall closing of the campgrounds? Answer: No, this will not be allowed for safety reasons.

3. Can the well work be performed before the campgrounds are closed in the fall? Answer: Yes. The existing 4” gate valve in the pumphouse will have to be closed before the well work begins.

4. Can valves outside the campgrounds be replaced before the campgrounds are closed in the fall? Answer: Excavations to locate the valves may be performed before the campgrounds are closed, but the valves may not be removed before the campgrounds are closed.

5. Were the cast iron water lines bonded when they were installed circa 1970. Answer: The specifications for the original water line project called for cast iron pipe using mechanical joints with lead tipped rubber gaskets. The purpose of the lead tipped gaskets was to provide bonding.

6. Isn’t there a conflict of interest with a contractor hiring an independent testing and inspection firm to perform testing and construction inspection. Answer: It is common practice for the Forest Service to require contractors to hire independent testing firms to perform testing and inspections. The inspection firm must be regularly engaged in the construction inspection business, and be under the direction of a Colorado Licensed Professional Engineer.

7. What are the required qualifications for locating pipes under this contract? I.E., can a contractor perform his own location work? Answer: Specification 02510/3.16/A requires “valves to be professionally located by a firm regularly engaged in the utility location business. Locator to use state of the art location equipment for locating waterlines and valves”. Contractors will be allowed to perform their own utility location work if they have the required equipment and are experienced in the use of the equipment, and can locate to the accuracy standards of Section 02510/3.16.

8. What is the completion date for this contract? Answer: Contract time for this project is 90 days. It is estimated that the Notice to Proceed will be issued in late August or early September, 2008. The site is at a very high elevation, and it is unknown when winter weather will hit. In the event that winter weather arrives before the work is completed, a winter shutdown will be issued. A resume work order will not be issued until after September 8, 2009. The water distribution system must remain operational during the normal season of operation for the campground. The priorities for completing work on the water distribution system are as follows: 1) Pay Item No. 8, Water meter and manhole; 2) Pay Item No’s 1-5, Gate Valve Replacement; 3) Pay Item 7&8, Turquoise Water System Rehab/Solicitation No. AG-82X9-S-08-0211/Amend 02 2” Water Line and valves. Minor adjustments in this priority order may be allowed depending on availability of materials. Contractor is to schedule construction activities to ensure that the water distribution system is completely operational before winter weather arrives. There is no window of opportunity to perform work on this system between spring snow melt and opening of this water system in May.

9. What is required for chlorination of this system? Answer: The 2” Potable Water Line (Pay Item No. 6) shall be chlorinated in accordance with Section 02510/3.15. It is impractical to chlorinate the cast iron valves. Contractor shall be conscientious about keeping new valves clean. New valves will be chlorinated by others during spring start up.

10. What is required for pressure testing of this system? Answer: The 2” Potable Water Line (Pay Item No. 6) shall be pressure tested in accordance with Section 02510/3.14. It is impractical to pressure test the cast iron valves. Forest Service will rely on contractors quality control to ensure valves are installed so that they do not leak. FAR 52.246-21 Warranty of Construction is included in this contract. Any valves found leaking after they are put in operation will be repaired under warranty.

11. How can equipment access the pumphouse? Answer: Equipment can enter through gate. It is permissible for equipment to run over the existing vegetation to access the pumphouse.

12. Is horizontal drilling an option for installing the 2” HDPE pipe (Pay Item No. 6). Answer: Yes.

13. Will reseeding of disturbed areas be required? Answer: No.

14. What are the limits of excavation? Answer: Construction limits shall be confined to the areas disturbed during the construction of the water and sewer lines circa 1970, as evidenced by the vegetation that has grown up in these disturbed areas.

15. Will the plumbing fitting be defined for the connection to the toilet building at Tabor Boat Ramp. Answer: No. Pay Item No. 6 shall include connection to the toilet building at the Tabor Boat Ramp, and also connecting to the outside drinking hydrant outside of the Tabor Boat Ramp toilet building. The fire hydrant next to the Tabor Boat Ramp toilet will be abandoned.

16. Note: Sewer lines are not shown on drawing Sheet 2. Sewer lines parallel most water lines and are shown on Sheets 8-16.

17. Does the GPS location of the water lines need to be performed by a Professional Land Surveyor? Answer: Yes, see Section 02510/3.16/B.

18. Will the fire hydrant at Printer Boy Campground be abandoned? Answer: Yes.

19. Note: Pay Item No. 6 (2” HDPE water line) shall include connection to each of the 5 drinking hydrants in the Printer Boy Campground. Point of connection for the hydrants will be where the lines branch off from the existing 3” PVC pipe.

Turquoise Water System Rehab/Solicitation No. AG-82X9-S-08-0211/Amend 02

Changes as a result of this amendment

Amend Section 02221/3.02/A as follows: Add: Detection Tape will not be required when 2” HDPE pipe is installed inside the existing 3” PVC pipe (Pay Item No. 6.)

Amend Section 02221/3.03/B/2 as follows. Add: In campground and developed areas, all disturbed areas shall be finished by hand raking.

Amend Section 02510/3.1 as follows: Add: Reference Pay Item No. 6-2” Potable Water Line. The 2” HDPE waterline shall be run through the existing 3” PVC waterline at all road crossings. Road cuts will not be allowed. It is strongly encouraged to run the 2” HDPE pipe through the existing 3” PVC pipe at as many locations as possible. Where trenching is used, contractors shall be required to restore disturbed areas to original condition. This includes restoring campsites and improvements to original condition.

ADD Section 02102 – CLEARING AND GRUBBING TO THE SPECIFICATIONS The attached clearing specification shall be included with this contract . 2 pages.

REPLACE Attach J.1 DOL Wage Determination No CO 2007-0013 Mod 3 with the current DOL Wage Determination No. CO 20080013 Mod 4 dated 07/04/2008 . 5 pages

Other items Bonding Questions To answer recent telephone inquiries concerning bonding requirements.

1) Bid Guarantee required with submission of bid? Yes

2) Performance and Payment Bonds required from the successful offeror upon award? Yes, required within 15 calendar days of award from the successful offeror.

Federal Acquisition Regulation (FAR) clauses FAR 52.228-1 Bid Guarantee and FAR 52-228-15 Performance and Payment Bonds that were referenced in Section I of the Solicitation are now included in full text shown on pages 13/14 of this amendment.

SECTION 02102

CLEARING & GRUBBING

PART 1 - GENERAL

SUMMARY

This work shall consist of clearing, grubbing, trimming, removing, and disposing of or treatment of timber, construction slash, and debris. This work shall also include preservation of vegetation and objects DESIGNATED to remain from injury or defacement.

MEASUREMENT

This work will not be measured.

PAYMENT

Clearing and Grubbing will considered incidental and no payment will be made for this work.

PART 2 – PRODUCTS: NOT APPLICABLE

PART 3 – EXECUTION

CLEARING & GRUBBING

Construction limits and clearing limits shall be confined to the areas disturbed during the construction of the water and sewer lines circa 1970, as evidenced by the vegetation that has grown up in these disturbed areas.

All trees shall be sawn down. Trees and roots/stumps will be disposed of separately. Trees shall be felled into the area being cleared. Controlled felling shall be used that will ensure the direction of fall when necessary to prevent damage to property, structures, trees DESIGNATED to remain, or traffic.

Any tree within the construction limits that is damaged during this contract shall be felled and disposed of in accordance with these specifications.

SLASH TREATMENT

spec writer: edit type of method in paragraph below.

Treatment of construction slash and stumps/roots inside campgrounds and developed areas and within 100 ft. of developed areas or paved roads shall be accomplished by Method 3 (Removal). Treatment of construction slash outside campgrounds and developed areas shall be accomplished by Method 2 (Piling). Treatment of stumps and roots outside campgrounds and developed areas shall be accomplished by Method 1 (Scattering).

Scattering:

The contractor shall meet the following requirements. Stumps and roots shall be scattered outside the clearing limits without damaging trees. Stumps shall be placed away from trees, positioned so they will not roll, and not be placed on top of one another.

Piling:

Construction slash shall be piled in areas within the clearing limits approved by the COR for burning by others at a later date. Piles shall be placed and constructed so burning will not damage remaining trees. Piles shall not be larger than 6 ft. wide x 6 ft. long x 6 ft. high.

Removal:

Construction slash shall be removed and disposed of off National Forest Lands.

END OF SECTION 02102

Attach J.1 as amended 07/18/2008

GENERAL DECISION: CO20080013 07/04/2008 CO13

Date: July 4, 2008

General Decision Number: CO20080013 07/04/2008

Superseded General Decision Number: CO20070013

State: Colorado

Construction Type: Heavy

Counties: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, La

Plata, Lake, Las Animas, Lincoln, Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San

Juan, San Miguel, Sedgwick, Summit, Teller, Washington and Yuma

Counties in Colorado.

HEAVY CONSTRUCTION PROJECTS

Modification Number Publication Date

0 02/08/2008

1 02/15/2008

2 05/02/2008

3 06/06/2008

4 07/04/2008

ELEC0012-002 09/01/2007

ALAMOSA, ARCHULETA, BACA, BENT, CHAFFEE, CONEJOS, COSTILLA,

CROWLEY, CUSTER, FREMONT, HUERFANO, KIOWA, LAS ANIMAS, MINERAL,

OTERO, PROWERS, RIO GRANDE AND SAGUACHE COUNTIES

Rates Fringes

Electricians:

Electrical work $150,000 or less.....................$ 22.44 10.77

Electrical work over

$150,000....................$ 26.59 10.90

ELEC0068-011 06/01/2005

CLEAR CREEK, EAGLE, GILPIN, GRAND, JACKSON, LAKE, LOGAN,

MORGAN, PHILLIPS, SEDGWICK, SUMMIT, WASHINGTON AND YUMA COUNTIES

Rates Fringes

ELECTRICIAN......................$ 28.91 10.33

ELEC0111-002 09/01/2007

Rates Fringes

Line Construction:

Groundman...................$ 15.05 20.75%+4.75

Line Equipment Operator.....$ 23.56 20.75%+4.75

Lineman and Welder..........$ 33.28 22.75%+4.75

ELEC0113-004 06/01/2008

CHEYENNE, ELBERT, KIT CARSON, LINCOLN, PARL AND TELLER COUNTIES

Rates Fringes

ELECTRICIAN......................$ 27.80 3%+12.55

ELEC0969-003 06/01/2007

DOLORES, GARFIELD, GUNNISON, HINSDALE, LA PLATA, MOFFAT,

MONTEZUMA, OURAY, PITKIN, RIO BLANCO, ROUTT, SAN JUAN AND SAN

MIGUEL COUNTIES

Rates Fringes

ELECTRICIAN......................$ 28.06 8.76

ELEC0969-010 06/01/2007

DELTA AND MONTROSE COUNTIES

Rates Fringes

ELECTRICIAN......................$ 20.31 8.56

ENGI0009-004 05/01/2008

Rates Fringes

Power equipment operators:

Mechanic....................$ 22.82 8.72

Motor Grader: Blade-finish..$ 22.97 8.72

Motor Grader: Blade-rough...$ 22.67 8.72

Roller: self-propelled, all types over 5 tons.......$ 22.67 8.72

Roller: self-propelled, rubber tires under 5 tons...$ 22.32 8.72

Trackhoe....................$ 22.82 8.72

* PLUM0003-003 06/01/2008

CLEAR CREEK, GILPIN, GRAND, JACKSON, LAKE, LOGAN, MORGAN,

PHILLIPS, SEDGWICK, SUMMIT, WASHINGTON, AND YUMA. PARTS OF

ELBERT, EAGLE, KIT CARSON, LINCOLN, AND PARK COUNTIES

PLUMBER..........................$ 32.97 10.15

* PLUM0058-010 07/01/2008

ALAMOSA, BACA, BENT, CHAFFEE, CHEYENNE, CONEJOS, COSTILLA,

CROWLEY, CUSTER, ELBERT (Southern portion including towns of

Elbert, Matherson and Simla), FREMONT, HUERFANO, KIOWA, KIT

CARSON (Including towns of Dfalgler, Siebert, Vona, Stratton and Bethune), LAS ANIMAS, LINCOLN (Including towns of Geona and

Arriba in the southern portion of the county), MINERAL, OTERO, PARK (Including towns of Fauplay, Hartsel and Lake George), PROWERS, PUEBLO, RIO GRANDE, AND SAGUACHE COUNTIES

Rates Fringes

PLUMBER

Free Zone - 0 to 40 miles...$ 24.15 11.10

Zone 1 - 40 miles and over: $19.85 per hour + $32.00 per day per diem will be paid on projects over 40 miles (Zone 1) measured in practical driving miles by the shortest route, beginning at 5th and Main Streets in Pueblo, Colorado, when the employee stays overnight or drives their own vehicle.

Hazardous pay: Add $2.20 per hour to base rate. Hazardous pay applies to projects at chemical plants, steel mills, cement plants, power generator plants, process piping at manufacturing plants, food processing plants, and all projects which may present a health hazard or serious personal injury.

* PLUM0058-012 07/01/2008

TELLER COUNTY

Rates Fringes

PLUMBER/PIPEFITTER

Plumbers Include HVAC Work

Pipefitters Exclude HVAC

Work........................$ 28.55 11.10

PLUM0145-004 05/01/2008

ARCHULETA, DELTA, DOLORES, EAGLE (Eagle County is divided from where Pitkin and Lake Counties join on the north, and in a straight line to and including the town of Edwards and northerly to the south east corner of Routt County), GARFIELD, GUNNISON, HINSDALE, LA PLATA, MOFFAT, MONTEZUMA, MONTROSE, OURAY, PITKIN, RIO BLANCO, ROUTT, SAN JUAN AND SAN MIGUEL

COUNTIES

Rates Fringes

PLUMBER..........................$ 23.90 9.10

SUCO2001-005 12/20/2001

Carpenters:

Form Building and Setting...$ 16.16 .82

All Other Work..............$ 15.72

Cement Mason/Concrete Finisher...$ 14.76 2.28

Laborer, common..................$ 11.11 3.80

PIPEFITTER.......................$ 18.13 1.84

Power equipment operators:

Backhoe.....................$ 15.93 3.58

Bobcat/Skid Loader..........$ 20.22 4.41

Bulldozer...................$ 15.08 4.44

Excavator...................$ 15.39

Front End Loader............$ 15.86 3.59

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

FAR 52.228-1 Bid Guarantee (Sept 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be _20_ percent of the bid price or $___n/a_____, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 15 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

FAR 52.228-15Performance and Payment Bonds—Construction (Nov 2006)

(a) Definitions. As used in this clause—

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)