DTFH6816B00026_IFB.pdf

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WY FLAP US212(8) Beartooth Highway Federal contract opportunity
Solicitation number
DTFH6816B00026
Issued by
Department of Transportation Federal Highway Administration

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INVITATION FOR BID

SOLICITATION NUMBER:

SOLICITATION TYPE:

PROJECT NUMBER:

PROJECT NAME:

DTFH6816B00026

FULL AND OPEN COMPETITION (UNRESTRICTED)

WY FLAP US212(8)

BEARTOOTH HIGHWAY (U.S. 212)

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-03 M etric 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 WY FLAP US212(8) GECKO ROAD

BEARTOOTH HIGHWAY

LOCATION SHOSHONE NATIONAL FOREST

COUNTY PARK

STATE WYOMING

LENGTH SCHEDULE A: 3.773 km

TYPE OF IMPROVEMENT ROADWAY REALIGNMENT,

RECONSTRUCTION, GRADING,

DRAINAGE, AGGREGATE BASE,

HOT ASPHALT CONCRETE

PAVEMENT, GUARDRAIL,

INTERPRETIVE SITE AND BRIDGE

TABLE OF CONTENTS

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

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

Basis for Award and Bid Schedule ................................................................................ A-5

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

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

Davis Bacon Wage Determination.................................................................................. D-1

Division 100 ..................................................................................................................... E-1 Division 150 ................................................................................................................... E-13 Division 200 ................................................................................................................... E-23 Division 300 ................................................................................................................... E-27 Division 400 ................................................................................................................... E-29 Division 600 ................................................................................................................... E-32 Division 700 ................................................................................................................... E-36

APPENDIX

Appendix A……………………………………………..............U.S Dept of Army Permit Appendix B………………………………………………....................…WYPDES Permit Appendix C………………………………………………....................Special Use Permit Appendix D………………………………. Grizzly Bear Management & Protection Plan Appendix E .........................................................Compilation of Geotechnical References

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

Appendix F………………………………...…….......................Sample Subcontracting Plan

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). Please submit the following with your bid: Submit the following documents with your Bid Package–

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

• If applicable, indication of interest in formal Partnering, Page A-5

• Bid Schedule including Buy American Act & Hazardous Materials, Pages A-6 through A-15

• 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; FAR 52.204-8 Annual Representations and Certifications, Certification Regarding Responsibility Matters (FAR 52.209-5), Pages B-8 through B-15.

• 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-03), Metric Units .

The FP-03 was utilized for the design of this project. Hard copies of the FP-03 will not be provided to bidders. The FP-03 is available electronically at https://flh.fhwa.dot.gov/resources/specs/ or may be purchased by contacting Bob Rosenblatt at ARC Western, telephone number 303-785-2520 or email bob.rosenblatt@e-arc.com. Hard copies of the FP-03 will not be provided to the awarded Prime Contractor.

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://farsite.hill.af.mil/vffara.htm.

http://www.fbo.gov/ https://flh.fhwa.dot.gov/resources/specs/ mailto:bob.rosenblatt@e-arc.com http://farsite.hill.af.mil/vffara.htm

A-ii

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. Please include NAICS 237310 in your 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 2016 and has complied with the reporting requirements.

• My firm did not have a qualifying Federal Contract in 2016 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.

§126.700 of the Code of Federal Regulations (Title 13, Part 126, Subpart G), stated below, will replace the performance of work requirements stated in the above mentioned FAR clause.

A qualified HUBZone SBC receiving a contract under this solicitation for general construction must spend at least 50% of the cost of the contract incurred for personnel on its own employees or employees of other qualified HUBZone SBCs. This requirement may be met by expending at least 50% of the cost of the contract incurred for personnel on its employees or it may subcontract at least 35% of the cost of the contract performance incurred for personnel to one or more qualified HUBZone SBCs. A qualified HUBZone SBC prime contractor may not, however, subcontract more than 50% of the cost of the contract incurred for personnel to non-qualified HUBZone SBCs.

http://www.sam.gov/ http://www.sam.gov/ http://www.dol.gov/vets/programs/fcp/main.htm

A-iii

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

102.03 of the FP-03. 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.

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 February 23, 2017

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.

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 to participate in performing contracts let by any Federal agency.

http://osdbuweb.dot.gov/ mailto:CFLContracts@dot.gov http://www.fbo.gov/

A-iv

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 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. To view a sample plan for subcontracting requirements, see Appendix E. 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.

Insurance requirements - See Subsection 107.05 of the FP-03.

http://www.cflhd.gov/contracting/construction/ReferenceLinks.cfm http://web.sba.gov/subnet/ http://www.sam.gov/

A-1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration or Repair)

1. SOLICITATION NO.

DTFH6816B00026

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

1/25/2017

PAGE OF

PAGES

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

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

CFL16HFPM383

6. PROJECT NO.

WY FLAP US212(8)

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:

Sheri Muehl, 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, DAVIS BACON MINIMUM WAGE RATES

3. SPECIAL CONTRACT REQUIREMENTS

4. PLANS

5. BID SCHEDULE

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

PROJECTS, FP-03, METRIC UNITS

7. SUBCONTRACTING PLAN (IF APPLICABLE)

See Subsection 104.04 of the FP-03 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 3/02/2017 (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

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 ITEM 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 or by fax to 720-963-3360.

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

• Hydraulic Report

• Pavement 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-03.

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-03. 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-03.

ESTIMATED

PRICE: The price range of the project work is between $12 and $15 million.

• Geotechnical Reports idenified in Appenix E of this Solicitation will be made available through the ftp site at: https://sftp.fhwa.dot.gov, Folder name: DTFH6816B00026 WYFLAP US212(8) Beartooth. For access and instructions, e-mail us at CFLContracts@dot.gov mailto:CFLContracts@dot.gov mailto:CFLContracts@dot.gov http://www.fbo.gov/ Sheri.Muehl Highlight

A-4

Bid Schedule Instructions

BIDDERS, PLEASE NOTE: This Bid Proposal is comprised of one schedule. 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 SCHEDULE A.

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-13 therefore, included in the evaluation for award.

Bidders must also provide a stand alone price on the last page of Schedule A 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.

A-5 Basis for Award

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-03. 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.

To be eligible for award of contract, the offeror shall submit prices for each item in Bid Schedule A. Accordingly, contract award will be made to the lowest responsible bidder conforming to the solicitation, provided funds are available.

B I D S C H E D U L E

Project No: WY FLAP US212(8)

WY

Name: Beartooth Highway CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

15101-0000

Line A0020 ALL LPSM $

15206-0000

Line A0040 3.773 km $ $

15214-1000

Line A0060 ALL LPSM $

15215-1000

Line A0080 3 Each $ $

15215-3000

Line A0100 20 Each $ $

15216-2000

Line A0120 7.545 km $ $

15301-0000

Line A0140 ALL LPSM $

15401-0000

Line A0160 ALL LPSM $

15501-0000

Line A0180 ALL LPSM $

15703-1500

Line A0200 17.1 ha $ $

15705-0100

Line A0220 7,500 m $ $

15705-1400

Line A0240 205 m $ $

15706-0200

Line A0260 125 Each $ $

15706-0300

Line A0280 25 Each $ $

15706-1600

Line A0300 1 Each $ $

15802-0000

Line A0320 ALL LPSM $

20101-0000

Line A0340 15.0 ha $ $

Watering for dust control

Clearing and grubbing

Mobilization

Slope, reference, and clearing and grubbing stake

Survey and staking, bridge

Survey and staking, approach road

Survey and staking, drainage structure

Survey and staking, grade finishing stakes

Soil erosion control, check dam

Soil erosion control, sandbag

Soil erosion control, stabilized construction entrance

Contractor quality control

Contractor testing

Construction schedule

Soil erosion control, temporary soil tackifier

Soil erosion control, silt fence

Soil erosion control, sediment log

(Contractor-Furnished Lab)

A-6

WY

Name: Beartooth Highway CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

20202-0000

Line A0360 200 m2 (CQ) $ $

20301-0400

Line A0380 1 Each $ $

20301-1100

Line A0400 1 Each $ $

20301-1900

Line A0420 14 Each $ $

20301-2400

Line A0440 8 Each $ $

20301-2700

Line A0460 1 Each $ $

20303-1600

Line A0480 2,520 m2 $ $

20401-0000

Line A0500 64,000 m3 $ $

20402-0000

Line A0520 5,200 m3 $ $

20441-0000

Line A0540 4,300 m3 $ $

20701-0700

Line A0560 18,000 m2 $ $

20801-0000

Line A0580 200 m3 (CQ) $ $

20803-0000

Line A0600 600 m3 (CQ) $ $

20811-0000

Line A0620 500 m2 $ $

21101-1000

Line A0640 10,000 m2 $ $

25101-2000

Line A0660 110 m3 $ $

25101-3000

Line A0680 130 m3 $ $

Placed riprap, class 3 (With Soil)

Earthwork geotextile, type II-A

Structure excavation

Structural backfill (Mechanically Reinforced)

Removal of signs

Removal of structure (Shower House)

Removal of pavement, asphalt

Selective clearing

Shoring and bracing (Other Structures)

Roadway obliteration, method 1

Placed riprap, class 2

Removal of bridge

Removal of gate

Removal of pipe culvert

Roadway excavation

Subexcavation

Waste

A-7

WY

Name: Beartooth Highway CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

25101-3000

Line A0700 50 m3 $ $

25101-4000

Line A0720 190 m3 $ $

25120-2000

Line A0740 120 m $ $

25125-0000

Line A0760 290 Each $ $

30101-0000

Line A0780 29,500 t $ $

40105-3000

Line A0800 450 t $ $

40301-0000

Line A0820 7,000 t $ $

40920-1000

Line A0840 20 t $ $

41103-0000

Line A0860 40,500 m2 $ $

41105-0000

Line A0880 325 t $ $

41201-1000

Line A0900 20 t $ $

55201-0200

Line A0920 205 m3 (CQ) $ $

55302-1000

Line A0940 191.2 m (CQ) $ $

55401-2000

Line A0960 31,288 kg (CQ) $ $

55601-0900

Line A0980 82 m (CQ) $ $

56305-0000

Line A1000 480 m2 (CQ) $ $

56901-0000

Line A1020 114 m $ $

Bridge railing, steel (WYDOT TL-3)

Rock stain

Micropiles

Prime coat (grade MC-70)

Blotter

Tack coat grade CSS-1, CSS-1h, SS-1, or SS-1h

Structural concrete, class A (AE)

Precast, prestressed concrete box beam, type B1-48

Reinforcing steel, epoxy coated

Riprap ditch, class 2

Boulder

Aggregate base

Antistrip additive, type 3

Hot asphalt concrete pavement

Fog seal, emulsified asphalt grade CSS-1 or CSS-1h, SS-1 or SS-1h

Placed riprap, class 3

Placed riprap, class 4

A-8

WY

Name: Beartooth Highway CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

56905-0000

Line A1040 1 Each $ $

60103-2160

Line A1060 2 Each $ $

60201-0300

Line A1080 5 m $ $

60201-0600

Line A1100 60 m $ $

60201-0800

Line A1120 260 m $ $

60201-0900

Line A1140 120 m $ $

60201-1000

Line A1160 25 m $ $

60202-1600

Line A1180 45 m $ $

60210-0300

Line A1200 2 Each $ $

60210-0600

Line A1220 6 Each $ $

60210-0800

Line A1240 20 Each $ $

60210-0900

Line A1260 14 Each $ $

60210-1000

Line A1280 2 Each $ $

60212-0300

Line A1300 1 Each $ $

60212-0800

Line A1320 2 Each $ $

60212-0900

Line A1340 1 Each $ $

60404-1000

Line A1360 1 Each $ $

Elbow, 750mm

Catch basin, type 1

End section for 450mm pipe culvert

End section for 600mm pipe culvert

End section for 750mm pipe culvert

End section for 900mm pipe culvert

Elbow, 200mm

Elbow, 600mm

450mm pipe culvert

600mm pipe culvert

750mm pipe culvert

900mm pipe culvert

2400mm equivalent diameter arch or elliptical pipe culvert

End section for 200mm pipe culvert

Micropile load verification test

Concrete, headwall for 2400mm equivalent diameter pipe culvert

200mm pipe culvert

A-9

WY

Name: Beartooth Highway CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

60901-0400

Line A1380 600 m $ $

60908-1000

Line A1400 750 m2 $ $

61501-0800

Line A1420 25 m2 $ $

61701-1150

Line A1440 150 m $ $

61702-1100

Line A1460 4 Each $ $

61707-0000

Line A1480 62 m (CQ) $ $

61902-0000

Line A1500 1 Each $ $

62002-0000

Line A1520 145 m2 $ $

62026-1000

Line A1540 15 m2 (CQ) $ $

62201-0150

Line A1560 160 Hour $ $

62201-0350

Line A1580 100 Hour $ $

62201-0900

Line A1600 110 Hour $ $

62201-1300

Line A1620 90 Hour $ $

62201-2850

Line A1640 90 Hour $ $

62201-3000

Line A1660 170 Hour $ $

62201-3150

Line A1680 80 Hour $ $

62202-1000

Line A1700 ALL LPSM $

Materials transfer vehicle

Backhoe

Wheel loader, 2 cubic meter minimum rated capacity

Bulldozer, 120kW minimum flywheel power

Motor grader, 3.6 meter minimum blade

Hydraulic excavator

Hydraulic excavator, crawler mounted, 0.7m3 minimum capacity with thumb attachment

Terminal section, type FAT-G3 (Wyoming Box Beam End Anchorage)

Structure transition railing

Gate

Stone masonry

Remove and reset stone masonry

Dump truck, 7 cubic meter minimum capacity

Curb, concrete, 150mm depth

Paved ditch, asphalt

Sidewalk, aggregate

Guardrail system G3 (Wyoming Box Beam System G3 Steel Posts)

A-10

WY

Name: Beartooth Highway CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

62301-0000

Line A1720 130 Hour $ $

62302-1000

Line A1740 120 Hour $ $

62302-1100

Line A1760 160 Hour $ $

62402-0200

Line A1780 8.0 ha $ $

62407-0000

Line A1800 16,500 m3 $ $

62510-1000

Line A1820 2.0 ha $ $

62510-1000

Line A1840 9.0 ha $ $

62510-1000

Line A1860 4.0 ha $ $

62510-1000

Line A1880 10.0 ha $ $

62515-3000

Line A1900 19.0 ha $ $

62520-0000

Line A1920 18.0 ha $ $

62631-0000

Line A1940 1.0 ha $ $

62631-0000

Line A1960 2.0 ha $ $

62631-0000

Line A1980 3.0 ha $ $

62901-0700

Line A2000 710 m2 $ $

63301-0000

Line A2020 12 Each $ $

63301-0000

Line A2040 3 Each $ $

Plantings (List 1)

Plantings (List 3)

Plantings (List 7)

Rolled erosion control product, type 2.C

Sign system

Sign system (Special)

Seeding, dry method (Seed Mix A: Riparian/Wetland)

Seeding, dry method (See Mix C)

Seeding, dry method (Seed Mix D: Forbs)

Seeding, dry method (See Mix E: Ghost Creek)

Mulching, hydraulic method, bonded fiber matrix

Fertilizer (Organic)

General labor

Special labor, hired technical services

Special labor, hired survey services

Furnishing and placing topsoil, 75mm depth

Placing conserved topsoil

A-11

WY

Name: Beartooth Highway CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

63309-0100

Line A2060 211 Each $ $

63309-0300

Line A2080 27 Each $ $

63309-0900

Line A2100 39 Each $ $

63309-1000

Line A2120 211 Each $ $

63316-1000

Line A2140 6 Each $ $

63404-0200

Line A2160 654 L $ $

63501-1000

Line A2180 ALL LPSM $

63502-1300

Line A2200 192 Each $ $

63502-1500

Line A2220 32 Each $ $

63502-1700

Line A2240 185 Each $ $

63502-2000

Line A2260 4 Each $ $

63502-2100

Line A2280 9 Each $ $

63502-3100

Line A2300 2 Each $ $

63503-0300

Line A2320 44 m $ $

63503-1000

Line A2340 2,318 m $ $

63504-1000

Line A2360 72.3 m2 $ $

63505-1000

Line A2380 9.360 km $ $

Temporary traffic control, traffic signal system

Temporary traffic control, barricade type 3

Temporary traffic control, plastic fence

Temporary traffic control, construction sign

Temporary traffic control, pavement markings

Temporary traffic control, traffic and safety supervisor

Temporary traffic control, drum

Temporary traffic control, warning light type A

Temporary traffic control, warning light type C

Temporary traffic control, portable changeable message sign

Temporary traffic control, crash cushion

Delineator, type 1

Delineator, type 3

Delineator, type flexible

Delineator, type snowpole

Remove and reset sign

Pavement markings, type B

A-12

WY

Name: Beartooth Highway CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

63506-0500

Line A2400 6,600 Hour $ $

64703-1000

Line A2420 25 Each $ $

Mitigation, landscaping log

Temporary traffic control, flagger

Schedule A Alternate Bid Item

15401-0000 CONTRACT TESTING (GOVERNMENT FURNISHED LAB)* $ __________________

* See page A-4 of this Soclicitation for an explanation of how to bid this item.

SUBMITTED BY: ___________________________________ SCHEDULE TOTAL: $___________________

A-13

A-14

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-15

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.

BID BOND

(See instructions on reverse)

DATE BOND EXECUTED (Must not be later than bid opening date) OMB Control Number: 9000-0045

Expiration Date: 7/31/2019 Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 25 minutes to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405.

SURETY(IES) (Name and business address)

PENAL SUM OF BOND BID IDENTIFICATION

PERCENT

OF BID

PRICE

AMOUNT NOT TO EXCEED BID DATE INVITATION NUMBER

DTFH68-16-B-00026MILLION(S) THOUSAND(S) HUNDRED(S) CENTS

FOR (Construction, Supplies or Services)

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 the time for acceptance of the bid that the Principal may grant to the Government.

Notice to the surety(ies) of extension(s) is 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 NAME(S) &

TITLE(S)

(Typed)

1. 2. 3.

INDIVIDUAL SURETY(IES)

SIGNATURE(S) 1.

(Seal)

2.

(Seal)

NAME(S)

(Typed)

1. 2.

CORPORATE SURETY(IES)

SU

R

ET

Y

A

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

Corporate Seal

SIGNATURE(S) 1. 2.

NAME(S) &

TITLE(S)

(Typed)

1. 2.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is NOT usable

STANDARD FORM 24 (REV. 8/2016)

Prescribed by GSA - FAR (48 CFR) 53.228(a)

PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)

INDIVIDUAL PARTNERSHIP JOINT VENTURE

OTHER (Specify)

STATE OF INCORPORATION

B-1

SU

R

ET

Y

B

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

Corporate Seal SIGNATURE(S)

1. 2.

NAME(S) &

TITLE(S)

(Typed)

1. 2.

SU

R

ET

Y

C

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

Corporate Seal SIGNATURE(S) 1. 2.

NAME(S) &

TITLE(S)

(Typed)

1. 2.

SU

R

ET

Y

D

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

Corporate Seal SIGNATURE(S)

1. 2.

NAME(S) &

TITLE(S)

(Typed)

1. 2.

SU

R

ET

Y

E

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

Corporate Seal

SIGNATURE(S) 1. 2.

NAME(S) &

TITLE(S)

(Typed)

1. 2.

SU

R

ET

Y

F

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

Corporate Seal

SIGNATURE(S) 1. 2.

NAME(S) &

TITLE(S)

(Typed)

1. 2.

SU

R

ET

Y

G

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

Corporate Seal

SIGNATURE(S)

1. 2.

NAME(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 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 limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed.

(b) When multiple corporate sureties are 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 identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bond, provided that the sum total of their liability equals 100% of the bond penal sum.

(c) When 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 capability.

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-2

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)

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 Telephone #

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 Telephone #

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

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation. (DEVIATION FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, 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.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, 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.

(End of provision)

52.204-5 Women-Owned Business (Other Than Small Business). (OCT 2014)

(a) Definition. "Women-owned business concern," as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror…

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