IFB_Cape Meares.pdf

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OR Tillamook B780(1), Cape Meares Road Relocation
Solicitation number
69056719B000030
Issued by

About this file

This file provides details on a federal solicitation for road construction services. The solicitation number 69056719B000030 issued by the Department of Transportation Federal Highway Administration calls for offers to relocate Cape Meares Road in Tillamook, Oregon. Bids are due by the date specified in solicitation documents included in the attached IFB_Cape Meares.pdf file. Offerors should respond with pricing to perform the road relocation work for the agency as described. Relevant experience with highway construction projects and applicable licensing or bonding may be required to be considered for award, which is expected on the date listed in the solicitation unless amended.

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Other files

File Type Posted
Bid Tabs_Cape Meares.pdf PDF
Bid Opening Summary_Cape Meares.pdf PDF
QA_09-09-21.pdf PDF
Amendment A003.pdf PDF
QA_09-02-21.pdf PDF
Amendment - A002.pdf PDF
QA_08-12-21.pdf PDF
Amendment A001.pdf PDF
OR TILLAMOOK B780(1)_plan_06-30-21.pdf PDF
Physical Data_Cape Meares.zip ZIP file

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INVITATION FOR BIDS

Solicitation No. 69056719B000030

OR TILLAMOOK B780(1),

Cape Meares Road Relocation

Solicitation, Offer & Award, Bid Schedule, Contract Clauses, General Wage Decision, Special Contract Requirements, and Plans

This solicitation cites Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14 This project uses U.S. Customary units of measure

ISSUING OFFICE:

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

610 EAST FIFTH STREET

VANCOUVER, WA 98661-3801

Phone: (360) 619-7520 – FAX: (360) 619-7932 e-mail : wfl.contracts@dot.gov

QUICK INDEX

Page Item --- Bid Submittal Checklist --- Authority to Sign --- Bid Bond --- Table of Contents A-1 Notice to Bidders A-3 SF 1442, Solicitation, Offer and

Award A-7 Bid Schedule B-1 Solicitation Provisions C-1 Contract Clauses D-1 General Wage Decision E-1 Special Contract Requirements H-1 Permits I-1 Reserved J-1 Fire Protection and Suppression

BID REMINDERS

Electronic bids will not be accepted. Submit printed copy of bid to the address listed on the enclosed SF 1442. Before submitting your bid, please review the following:

• Have you rechecked your bid figures?

• Have you completed the bid schedule?

• Have you completed and signed the SF 1442, Solicitation, Offer & Award?

• Have you acknowledged all amendments?

• Have you completed the Representations &

Certifications (Page B-1)?

• Is your bid guarantee enclosed in proper form and amount (see FAR Clause 52.228-1), including Power of Attorney affidavit?

• Does the lower left corner of the proposal envelope state “Bid Enclosed”?

• Does the lower left corner include the Solicitation Number and the project number/name?

This solicitation is offered as full and open competition

Bid Opening Date:

See Page A-3, Block 13A

A-1 Notice to Bidders mailto:wfl.contracts@fhwa.dot.gov

PROJECT No. OR TILLAMOOK B780(1)

PROJECT NAME Cape Meares Road Relocation

LENGTH 1.70 Miles

NATIONAL Cape Meares National Wildlife Refuge

COUNTY Tillamook County

STATE Oregon

FIXED COMPLETION DATE See FAR Clause 52.211-10 (FAR Clauses begin on page C-1)

Bid Submittal Checklist

OR TILLAMOOK B780(1), Cape Meares Road Relocation

Before submitting your bid, please review the following:

Done?

Is this in the envelope?

Bid Envelope

Did I correctly address the envelope? (See page A-3, blocks 7 & 8) Does the lower left corner of the envelope include the Solicitation Number and the project name/number?

Pages A-3 & A-4 (SF 1442, Solicitation Offer & Award) Did I include our firm name and address in block 14?

Did I include our firm’s phone number in block 15?

Did I include our firm’s remittance address in block 16?

(Use when different than block 14)

Did I include my unique entity identifier and Cage Code?

Did I include the number & date of all amendments in block 19?

Did the appropriate official sign/date in block 20A, 20B & 20C?

Bid Schedule (see page A-7) Did I insert “Unit Bid Price” and “Amount Bid” for each bid item?

Did the appropriate official initial corrections?

When applicable, did I include the totals for each schedule in the summary page? (See last page of bid schedules.)

Bid Bond (Standard Form 24) Bids received without a valid bid bond will be rejected.

Did I complete my bid bond correctly?

Did I include the original?

Did I attach the Power of Attorney to the bid bond?

Authority to Sign Did I include a completed form for each person signing the SF1442 and Bid Bond?

Representations & Certifications & FAR Clause Did I include the completed B-pages (beginning on B-1)?

Did I include the completed clause 1252.228-73 Notification of Miller Act Payment Bond Protection (See page C-125)?

System for Award Management (SAM) https://www.sam.gov/portal/public/SAM/

Do we have up-to-date data in SAM?

Veteran Reporting (FAR Clause 52.222-37) If applicable, did I ensure our firm has completed this annual report?

NOTE: The Contractor is fully responsible to verify that all data is correct each time a bid package is submitted. Failure to properly input and/or update your data may cause the bid to be rejected.

https://www.sam.gov/portal/public/SAM/

Driving Directions to our Vancouver Washington Office:

Directions to WFLHD https://www.google.com/maps/place/610+E+5th+St,+Vancouver,+WA+98661/data=!4m2!3m1!1s0x5495a8ae3f2d7083:0x5b7adcfa96ade37a?hl=en

Authority to Sign

INSTRUCTIONS: When the offeror/principal is a corporation, include this certification with your offer/bid.

Corporate Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the corporation named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this corporation;

that the offer was duly signed for and on behalf of said corporation by authority and scope of its governing body, and within the scope of its corporate powers.

_____________________________________ (signature) Affix Corporate Seal

_____________________________________ (title)

INSTRUCTIONS: When the offeror/principal is a limited liability company, include this certification with your offer/bid.

Limited Liability Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the limited liability company named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this company;

that the offer was duly signed for and on behalf of said company by authority and scope of its governing body, and within the scope of its powers.

_____________________________________ (signature) Affix Company Seal (as applicable) __________ _________________________ (title)

INSTRUCTIONS: When the offeror/principal is a partnership, include this

Authority to Bind Partnership

This certifies that the names and signatures of all partners are listed below, and that the person signing the proposal has the authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all partners)

INSTRUCTIONS: When the offeror/principal is a joint venture, include this

Authority to Bind Joint Venture

This certifies that the person signing the proposal has the authority to actually bind the joint venture pursuant to its joint venture agreement, and that each of the named persons listed below individually has full authority to enter into and execute contractual instruments on behalf of said joint venture, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all applicable individuals)

INSTRUCTIONS: When the offeror/principal is a sole proprietorship, the signature on the offer/bid and on the bonds must be as follows:

Sole Proprietorship Requirement

An Offeror/Principal that is a sole proprietorship must submit an offer/bid and a bond signed by the sole proprietor, or by one duly authorized to sign for the sole proprietor.

If the signature is by someone other than the sole proprietor, a copy of the power of attorney authorizing the individual to sign must be provided with the offer/bid.

RESERVED

BID BOND

(See instructions on reverse)

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

Expiration Date: 8/31/2022 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 69056719B000030

MILLION(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.

3.

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 ($)

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

CORPORATION OTHER (Specify)

STATE OF INCORPORATION

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 &

SIGNATURE(S) 1. 2.

NAME(S) &

TITLE(S)

(Typed)

1. 2.

SU

R

ET

Y

F

NAME &

SIGNATURE(S) 1. 2.

NAME(S) &

TITLE(S)

(Typed)

1. 2.

SU

R

ET

Y

G

NAME &

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

Table of Contents Project: OR TILLAMOOK B780(1), Cape Meares Road Relocation

TABLE OF CONTENTS

08/01/19–FP14

DESCRIPTION PAGE

Notice to Bidders ........................................................................................................................ A-1

Solicitation, Offer, and Award (SF 1442) ................................................................................... A-3

Bid Schedule ............................................................................................................................... A-7

Solicitation Provisions ................................................................................................................ B-1

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

General Wage Decision .............................................................................................................. D-1

SCRs Table of Contents

SPECIAL CONTRACT REQUIREMENTS (SCR)

The following Special Contract Requirements amend and supplement the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14), U.S. Department of Transportation, Federal Highway Administration.

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

Division 150 ................................................................................................................... E-26

Division 200 ..................................................................................................................... F-1

Division 250 ..................................................................................................................... F-8

Division 300 ................................................................................................................... F-19

Division 400 ................................................................................................................... F-25

Division 550 ................................................................................................................... F-45

Division 600 ................................................................................................................... F-55

Division 700 .................................................................................................................... G-1

Permits ........................................................................................................................................ H-1

Reserved ........................................................................................................................................ I-1

Fire Protection and Suppression Plan .......................................................................................... J-1

Table of Contents

(This page intentionally left blank)

A-1

Notice to Bidders Project: OR TILLAMOOK B780(1), Cape Meares Road Relocation

NOTICE TO BIDDERS

04/02/21–FP14

THIS PROJECT IS BEING SOLICITED AND AWARDED UNDER FP-14.

The FP-14 is FLH’s Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects. To view the FP-14 electronically go to:

https://highways.dot.gov/federal-lands/specs.

The FP-14 is a dual unit document with U.S. Customary units being the primary unit shown.

Metric equivalents are shown in parenthesis.

When submitting bids, drawings, calculations, and other construction documents, use only U.S. Customary units of measure, unless otherwise stated.

I. Project Location

General Location. The project work is located 2 miles north of Oceanside, Oregon in Tillamook County. Approximate Global Positioning System (GPS) coordinates for the beginning of the project are 45.491389, -123.949444.

Project Limits. Signs have not been erected to identify the project limits. No Government personnel will be available for show-me tours.

Gate Access: Access along Cape Meares Loop to perform site visits for this project is limited by an access gate controlled by Tillamook County Public Works. Coordinate site visits and gate access with Mr. Chris Laity, Director, at 503.842.3419 or claity@co.tillamook,or.us.

II. Pre‐bid Information.

GENERAL AND TECHNICAL QUESTIONS REGARDING PROPOSED WORK FOR

THIS PROJECT WILL BE ACCEPTED UNTIL CLOSE-OF-BUSINESS ON

08/10/2021

Refer to page A-5 for information on how to submit questions related to General Information and Technical Information. Answers to General and Technical Questions will be posted at https://sam.gov/opp/f2f420d73c734387219e5b96168f3c9d/view.

Every attempt to respond to questions will be made. However, response to questions received after the above posted date is not guaranteed.

Electronic Plan Sheets. This solicitation includes electronic plan sheets available at https://sam.gov/opp/f2f420d73c734387219e5b96168f3c9d/view. A paper copy of the plan sheets is available by submitting the form posted with this solicitation.

A-2

Project: OR TILLAMOOK B780(1), Cape Meares Road Relocation

Physical Data. Physical data applicable to this project is listed in FAR Clause 52.236-4 Physical Data.

Representations & Certifications. Submit or update Representations and Certifications online at https://www.sam.gov/SAM/ before bid submittal. For more details go to FAR Provision 52.204- 8 Annual Representations and Certifications (see page B-2.). If you have previously registered on-line and the NAICS code for this solicitation is different than the code listed in your online file, please note the amended changes on the lines provided in FAR 52.204-8.

Requests for Information. Requests for technical information (Plan and Division 100 – 700 Specification questions only) about this project will only be accepted in writing (see Block 9 on page A-5).

Price Evaluation Factor. This solicitation contains a Price Evaluation Factor. In accordance with 13 CFR subsection 126.613, we will apply a factor of 10% to an apparent low bid submitted by a large business when we also receive a bid from a HUBZone small business; the 10% factor does not apply to an apparent low bid submitted by a small business.

HUBZone. If the contract is awarded after applying the price preference for HUBZone small business concerns under FAR clause 52.219-4; at least 50 percent of the cost of the contract performance incurred for personnel must be spent on the prime Contractor’s employees or the employees of other qualified HUBZone small business concerns.

SF 1442, Solicitation, Offer, and Award. Particular attention should be paid to Standard Form l442, Solicitation, Offer and Award, to assure that Blocks 14, 15, 16, 19, 20A, and 20C are completed correctly. Sign Block 20B according to the instructions in Subsection 102.02. You must submit a completed ‘Authority to Sign’ document. You must also complete the representations and certifications contained in the Contract Provisions beginning on page B-1.

Failure to furnish or complete any of the above may result in your bid being considered nonresponsive and being rejected.

Facsimile and email bids, modifications, and withdrawals. Facsimile and email bids are not authorized for this solicitation. Bids may be modified or withdrawn by email, if such notice is received by the time specified for receipt of bids. The Government will not be responsible for any failure attributable to the transmission or receipt of email data. See FAR Provision 52.214-5, Submission of Bids. EMAIL WFL.Contracts@dot.gov. To confirm receipt, call 360.619.7520.

Fraud Alert. Current and potential U.S. Department of Transportation (DOT) Contractors have recently been receiving fraudulent letters purporting to be issued by DOT. These fraudulent letters request that the Contractors resubmit their banking information to DOT. If you receive such a letter, please DO NOT complete the requested worksheet that is attached to the letters and DO NOT release any information. To register or update information, Contractors are required to go directly through the System for Award Management (SAM) website and never through a third party. You can access SAM at https://www.sam.gov/SAM/.

A-2a

Project: OR TILLAMOOK B780(1), Cape Meares Road Relocation

COVID-19 Site Access Constraints. There may be access constraints related to the COVID-19 Pandemic. If you are intending to submit a bid and are unable to visit the sites because of access constraints related to the COVID-19 Pandemic, please let us know.

III. Post Award Information.

Insurance. Insurance requirements are described in Subsection 107.05.

Contractor Performance Evaluations. This office posts performance evaluations in the Contractor Performance Assessment Reporting System (CPARS); for additional information, see http://www.cpars.gov/index.htm. Upon receiving an email notice of evaluation availability, you will have 14-60 days to review the evaluation online and submit comments. If you are unable to access the system, call 360.619.7520 for assistance or for a copy of the evaluation.

IV. Specifications and Permits.

Specifications. This solicitation and subsequent contract are governed by the Federal Acquisition Regulation (FAR), agency supplemental regulations, and the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14. An electronic version may be found at https://highways.dot.gov/federal-lands/specs. A single paper copy can also be obtained from the Research & Technology Product Distribution Center (RTPDC) by e-mail to:

report.center@dot.gov, or by phone 814-239-1160, or fax 814-239-2156.

Electronic Documentation. Requires all documents (including but not limited to correspondence, notifications, submittals, reports, and pay notes) to be submitted in a pdf format, or an approved fixed-layout electronic format. See Subsection 103.06.

Material Sources. The Government will furnish seed for use in turf establishment. See Subsection 105.02(b). Waste areas, haul roads, staging areas, stockpile areas, and water sources have not been identified for this project. Secure all permits and clearances for Contractor-located sites and sources. See Subsection 105.02(c).

Lab Trailers. The Government offers to make available to the Contractor a laboratory trailer with test equipment. See Subsection 154.04A, Laboratory Trailer and Testing Equipment.

A-2b

(This page intentionally left blank)

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE

SOLICITATION

(Construction, Alteration, or Repair)

3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Federal Highway Administration

FHWA WESTERN FED LANDS DIVISION

610 E FIFTH STREET

Vancouver WA 98661

690567

a. NAME

See Page A-5

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

360-619-7520 x

07/15/2021

1. SOLICITATION NO.

69056719B000030

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

This solicitation is designated OR Tillamook B780(1), Cape Meares Road Relocation.

IN STRICT ACCORDANCE WITH:

Bid Schedule

Federal Acquisition Regulations (FAR) and Transportation Acquisition Regulations

(TAR)

General Wage Decision

Special Contract Requirements

Standard Contract Requirements

Standard Specifications for Construction of Roads and Bridges on Federal Highway

Projects, FP-14, US Customary

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

is not required.is, b. An offer guarantee

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.

(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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 calendar days and complete it within ________________ ________________ calendar days after receiving

* Page A-5

a. Sealed offers in original and

________________________ 08/17/2021

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

SEE BLOCK 10

A-3

Federal Highway Administration

FHWA WESTERN FED LANDS DIVISION

610 E FIFTH STREET

Vancouver WA 98661

8. ADDRESS OFFER TO

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 within ____________________ 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.)

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.)

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

Federal Highway Administration

FHWA WESTERN FED LANDS DIVISION

610 E FIFTH STREET

Vancouver WA 98661

690567

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

Dean Umathum

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Federal Highway Administration Western Federal Lands Highway Divisions 610 East Fifth Street Vancouver, WA 98661-3801 ATTN: Finance

A-4

Unique Enitity Identifier: (AKA Duns #) Cage Code:

See Page A-5

See Bid Schedule

All Items on Bid Schedule

A-5

Continuation SF 1442

Block 9 FOR GENERAL INFORMATION, call 360.619.7520 from the hours of 8:00 a.m. to 4:00 p.m. local time or e-mail us at wfl.contracts@dot.gov.

FOR TECHNICAL INFORMATION (plan and specification questions only), requests for technical information about this project will only be accepted in writing.

Submit questions via e-mail at wfl.plans-spec@dot.gov.

QUESTIONS/ANSWERS POSTED ONLINE. You can view questions and answers on the Contract Opportunities Website https://beta.sam.gov/ .

• Insert the solicitation number in the search box

• Scroll to the project.

• Make sure you are on the most recent view and look in the right section of the page for the most recent Q&A document.

FOR DAVIS-BACON WAGE RATE INFORMATION call the Department of Labor at 415.625.7716 (DRBA - Western Region)

FOR PHYSICAL DATA, See FAR Contract Clause 52.236-4, Physical Data, (clauses begin on page C-1) for a listing of available data. Physical Data will be posted with the solicitation on the Beta.Sam website.

FOR BID RESULTS, Bid opening summary will be posted on the Contract Opportunities Website https://beta.sam.gov/ shortly after bid opening. Bid tabulations will be available on our website approximately 3 work days after the bid opening. Our website is located at: http://flh.fhwa.dot.gov/business/construction/bids/ filter by WFL Division and applicable state.

Block 11 COMPLETION DATE: Work shall be completed on or before the date specified in

FAR Clause 52.211-10, Commencement, Prosecution, and Completion of Work, subject to such extensions as may be authorized by the terms of the contract and the specifications made a part thereof. Contract Clauses begin on pages C-1.

Block 12A PERFORMANCE & 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 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14, U.S. Customary Units.

Block 13B BID BOND AMOUNT: See FAR Clause 52.228-1, Bid Guarantee (clauses begin on page C-1).

ADDITIONAL INFORMATION: See Subsections 102.03 and 102.04 of Standard

Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP- 14, U.S. Customary Units.

Block 24 SUBMITTING INVOICES: See Subsection 109.08 of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-14, U.S. Customary Units.

mailto:wfl.contracts@dot.gov mailto:wfl.plans-spec@dot.gov https://beta.sam.gov/ https://beta.sam.gov/ http://flh.fhwa.dot.gov/business/construction/bids/

A-6

Continuation SF 1442 OR TILLAMOOK B780(1), Cape Meares Road Relocation

ESTIMATED PRICE RANGE. The price range of the project work is between $15,000,000 and $20,000,000.

SUBCONTRACTING PLAN. This invitation for bids requires a low bidder who is a LARGE business to submit an acceptable subcontracting plan prior to contract award. Do not submit this form with your bid. A large business is one whose average gross annual receipts over the past 3 years equal $39.5 million or more. For your information the subcontracting plan form is included beginning on page A-6a.

This requirement does not apply to SMALL businesses.

A-6a

ATTACHMENT 1 – FHWA SUBCONTRACTING PLAN

1. INSTRUCTIONS:

• Where subcontracting opportunities will not exist for the solicitation, the bidder/offeror shall submit a response outlining the rationale for making this determination with its proposal/bid. The statement shall be signed by an official authorized to make decisions on behalf of the firm.

• The following information shall be provided in the bidder/offeror subcontracting plan submission and shall be expressed in terms of goal percentages of the total planned subcontracting dollars.

• Text lines may be added to this template as needed.

*insert and complete additional tables if the contract includes option year(s).

1 Percentage = (subcontracted amount in the category/total planned subcontracted amount) 2 Any dollar amount applied to SDVOSB also applies to VOSB.

3 In this document, the term WOSB includes Economically Disadvantaged WOSB (EDWOSB) concerns.

SUBCONTRACTING GOALS – BASE YEAR

Total prime contract amount – Base Year: $ Total planned subcontracted amount – Base Year: $ Total planned subcontracts to “other than small business” concerns (i.e., large, non-profit, university, etc.)

$ %1

Planned subcontracts to Small Business concerns (not elsewhere counted below):

Total planned subcontracts to Veteran Owned Small Business concerns (VOSB)2:

Total planned subcontracts to Service Disabled Veteran Owned Small Business (SDVOSB) concerns:

Total planned subcontracts to Historically Underutilized Business Zones (HUBZones):

Total planned subcontracts to Small Disadvantaged Business (SDB) concerns (includes 8(a), Alaska Native Corporations (ANC), and Indian Tribes):

Total planned subcontract awards to Women-Owned Small Business concerns (WOSB)3 concerns:

A-6b

1.1 Rationale if establishing a goal lower than 3% for VOSB:

1.2 Rationale if establishing a goal lower than 3% for SDVOSB:

1.3 Rationale if establishing a goal lower than 3% for HUBZone:

1.4 Rationale if establishing a goal lower than 5% for SDB:

1.5 Rationale if establishing a goal lower than 5% for WOSB:

1.6 Rationale if establishing a goal lower than the subcontracting goal in FAR 19.702(a):

2. The following principal types of supplies and/or services are planned to be subcontracted under this contract. [Add additional rows if more space is needed.]

4 List all applicable size standards for each proposed subcontractor.

Type of Supply/Service to be Subcontracted

Company/Firm Name

Subcontracted Amount

Subcontractor Size Standard (Other Than

SB, SB, VOSB, SDVOSB,

HUBZone, SDB, WOSB)4

A-6c

3. The following methods were used to develop the subcontract percentage goals:

4. The following methods were used to identify potential subcontract sources for solicitation purposes. (i.e. source lists used and organizations contacted to identify potential SB concerns, such as the System for Award Management (www.SAM.gov), Dynamic Small Business Search (www.DSBS.sba.gov), trade associations, industry conferences/fairs, etc.)

5. [Select appropriate option.] Indirect costs [were/were not] included in establishing the subcontracting goals specified in the table above.

6. If indirect costs were included, the following method was used to determine the proportionate share of indirect costs to be incurred with SB, VOSB, SDVOSB, HUBZone, SDB and WOSB subcontractors:

7. The following individual will administer the subcontracting program:

Name:

Title:

Address:

Telephone:

E-mail:

This individual's specific duties, as they relate to the subcontracting program, are as follows:

8. The following efforts will be taken to ensure that SB, SDB, VOSB, SDVOSB, HUBZone, and WOSB subcontractors will have an equitable opportunity to compete for subcontracts:

http://www.sam.gov/ http://www.dsbs.sba.gov/

A-6d

[initial] It is agreed that FAR Clause 52.219-8, Utilization of Small Business Concerns, will be included in all subcontracts, which offer further subcontracting opportunities. It is further agreed that all subcontractors (except small business concerns) at all tiers below the prime contractor who receive subcontracts in excess of $700,000 ($1.5M for construction of any public facility with further subcontracting possibilities) will be required to adopt and comply with a subcontracting plan in accordance with FAR Clause 52.219-9.

9. The following types of records will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan (i.e., establishment of source lists, guides and other data that identify SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns; a description of the offeror’s efforts to locate SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns and to award subcontracts to them, etc.) and shall be maintained through completion of the contract:

10. In accordance with FAR Subpart 19.704(a)(10) through (15), the Contractor further agrees to:

[Initial each line]

Cooperate in any studies or surveys as may be required;

Submit periodic reports as may be required so that the Government can determine the extent of compliance by the Contractor with the subcontracting plan;

After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts intended for use by multiple agencies;

Submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov/ within the timeframes identified at FAR Subpart 19.704(a)(10)(iv);

Ensure that other than small business subcontractors with subcontracting plans agree to submit eSRS documents online as required;

Provide its prime contract number and its unique entity identifier, and the e-mail address of the offeror’s official responsible for acknowledging receipt of or rejecting the ISRs to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs;

Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans;

http://www.esrs.gov/

A-6e

Make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that the offeror used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal;

Provide the contracting officer with a written explanation if the contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in FAR 19.704(a)(12) of this section. This written explanation will be submitted to the contracting officer within 30 days of contract completion;

Will not prohibit a subcontractor from discussing with the contracting officer any material matter pertaining to payment to or utilization of a subcontractor; and

Pay its small business subcontractors on time and in accordance with the terms and conditions of the subcontract, and notify the contracting officer if the offeror pays a reduced or an untimely payment to a small business subcontractor (see FAR 52.242-5).

Submitted by:

POC Name:

Title:

Email Address:

Company Name:

DUNS/CAGE:

Mailing Address:

Signature http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#P308_50712

A-7

BID SCHEDULE

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:OR TILLAMOOK B780(1)

Project Name:Cape Meares Road Relocation

A-8

Contract Quantity Pay Items

20101-0000 CLEARING AND GRUBBING

20303-1600 REMOVAL OF PAVEMENT, ASPHALT

55401-2000 REINFORCING STEEL, EPOXY COATED

62501-0000 TURF ESTABLISHMENT

63401-0300 PAVEMENT MARKINGS, TYPE B, SOLID (WHITE STOP BAR)

63401-0300 PAVEMENT MARKINGS, TYPE B, SOLID (6-INCH WHITE)

63401-0300 PAVEMENT MARKINGS, TYPE B, SOLID (YELLOW)

63401-0400 PAVEMENT MARKINGS, TYPE B, BROKEN

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

A0020 15101-0000 MOBILIZATION

ALL LPSM $___LPSM_____ $____________

A0040 15201-0000 CONSTRUCTION SURVEY AND STAKING

ALL LPSM $___LPSM_____ $____________

A0060 15301-0010 CONTRACTOR QUALITY CONTROL AND ASSURANCE

ALL LPSM $___LPSM_____ $____________

A0080 15401-0000 CONTRACTOR TESTING

ALL LPSM $___LPSM_____ $____________

A0100 15501-0000 CONSTRUCTION SCHEDULE

ALL LPSM $___LPSM_____ $____________

A0120 15702-1000 SOIL EROSION CONTROL, TEMPORARY DIVERSION CHANNEL (321+95)

ALL LPSM $___LPSM_____ $____________

A0140 15702-1000 SOIL EROSION CONTROL, TEMPORARY DIVERSION CHANNEL (315+38)

ALL LPSM $___LPSM_____ $____________

A0160 15702-1000 SOIL EROSION CONTROL, TEMPORARY DIVERSION CHANNEL (MINOR

STREAMS)

ALL LPSM $___LPSM_____ $____________

A0180 15702-3000 SOIL EROSION CONTROL, SUPERVISOR

ALL LPSM $___LPSM_____ $____________

A0200 15705-0100 SOIL EROSION CONTROL, SILT FENCE

1,750 LNFT $____________ $____________

Bid Schedule Schedule:A Schedule Type:Base

A-9

A0220 15705-1400 SOIL EROSION CONTROL, FIBER ROLL

22,000 LNFT $____________ $____________

A0240 15706-0200 SOIL EROSION CONTROL, CHECK DAM

220 EACH $____________ $____________

A0260 15706-1600 SOIL EROSION CONTROL, STABILIZED CONSTRUCTION EXIT

2 EACH $____________ $____________

A0280 20101-0000 CLEARING AND GRUBBING

27.0 ACRE $____________ $____________

A0300 20301-1100 REMOVAL OF GATE

1 EACH $____________ $____________

A0320 20303-1600 REMOVAL OF PAVEMENT, ASPHALT

230 SQYD $____________ $____________

A0340 20401-0000 ROADWAY EXCAVATION

285,000 CUYD $____________ $____________

A0360 20403-0000 UNCLASSIFIED BORROW

34,000 CUYD $____________ $____________

A0380 20411-0000 SELECT BORROW

30,000 TON $____________ $____________

A0400 20701-0400 SEPARATION-STABILIZATION GEOTEXTILE, CLASS 1, TYPE D (WOVEN)

49,000 SQYD $____________ $____________

A0420 25101-0200 PLACED RIPRAP, METHOD A, CLASS 2 (PROTECTIVE APRON)

50 CUYD $____________ $____________

A0440 25101-0200 PLACED RIPRAP, METHOD A, CLASS 2 (FLUME)

30 CUYD $____________ $____________

A0460 25101-0300 PLACED RIPRAP, METHOD A, CLASS 3 (PROTECTIVE APRON)

250 CUYD $____________ $____________

A0480 25101-0400 PLACED RIPRAP, METHOD A, CLASS 4 (PROTECTIVE APRON)

55 CUYD $____________ $____________

Bid Schedule Schedule:A Schedule Type:Base

A-10

A0500 25120-2200 RIPRAP DITCH, METHOD B, CLASS 2

6,700 LNFT $____________ $____________

A0520 25501-0000 MECHANICALLY STABILIZED EARTH WALL

15,700 SQFT $____________ $____________

A0540 25601-0000 GROUND ANCHOR

47 EACH $____________ $____________

A0560 25605-0000 PERFORMANCE TEST

3 EACH $____________ $____________

A0580 25701-0000 CONTRACTOR FURNISHED WALL DESIGN (GEOFOAM WALLS)

ALL LPSM $___LPSM_____ $____________

A0600 27501-1000 GEOFOAM, LIGHTWEIGHT FILL MATERIAL

10,650 CUYD $____________ $____________

A0640 30101-2000 AGGREGATE BASE GRADING D

24,000 TON $____________ $____________

A0660 30202-1000 ROADWAY AGGREGATE, METHOD 1

650 TON $____________ $____________

A0680 40101-5600 ASPHALT CONCRETE PAVEMENT, GYRATORY MIX, 1/2-INCH OR 3/4-INCH

NOMINAL MAXIMUM SIZE AGGREGATE, 0.3 TO <3 MILLION ESAL

7,600 TON $____________ $____________

A0720 40105-3000 ANTISTRIP ADDITIVE, TYPE 3

75 TON $____________ $____________

A0760 41201-0000 TACK COAT

15 TON $____________ $____________

A0780 55201-0200 STRUCTURAL CONCRETE, CLASS A (AE)

239 CUYD $____________ $____________

A0800 55401-2000 REINFORCING STEEL, EPOXY COATED

59,000 LB $____________ $____________

Bid Schedule Schedule:A Schedule Type:Base

A-11

A0820 55505-0000 STRUCTURAL STEEL SOLDIER PILE

1,313 LNFT $____________ $____________

A0840 55701-1000 STRUCTURAL TIMBER AND LUMBER, UNTREATED

36 MFBM $____________ $____________

A0860 56501-0300 DRILLED SHAFT, 30-INCH DIAMETER

631 LNFT $____________ $____________

A0880 56601-3000 SHOTCRETE, 6-INCH DEPTH

900 SQYD $____________ $____________

A0900 60103-0260 CONCRETE, HEADWALL FOR 60-INCH PIPE CULVERT

2 EACH $____________ $____________

A0920 60201-0800 24-INCH PIPE CULVERT

850 LNFT $____________ $____________

A0940 60201-1000 36-INCH PIPE CULVERT

1,400 LNFT $____________ $____________

A0960 60201-1400 60-INCH PIPE CULVERT

70 LNFT $____________ $____________

A0980 60704-0000 CLEANING CULVERT IN PLACE

1 EACH $____________ $____________

A1000 60901-0200 CURB, CONCRETE, 4-INCH DEPTH

600 LNFT $____________ $____________

A1020 61701-4550 GUARDRAIL SYSTEM MGS, TYPE 2, CLASS A WOOD POSTS

2,000 LNFT $____________ $____________

A1040 61702-1600 TERMINAL SECTION, TYPE MGS FLARED

10 EACH $____________ $____________

A1060 61901-2100 FENCE, CHAIN LINK, 96-INCH HEIGHT

560 LNFT $____________ $____________

A1080 61902-1600 GATE, METAL, 20 FEET WIDTH

7 EACH $____________ $____________

Bid Schedule Schedule:A Schedule Type:Base

A-12

A1100 62201-0250 DUMP TRUCK, 10 CUBIC YARD MINIMUM CAPACITY

80 HOUR $____________ $____________

A1120 62201-1000 WHEEL LOADER, 4 CUBIC YARD MINIMUM RATED CAPACITY

80 HOUR $____________ $____________

A1140 62201-1300 BULLDOZER, 160HP MINIMUM FLYWHEEL POWER

40 HOUR $____________ $____________

A1160 62201-2050 ROLLER

40 HOUR $____________ $____________

A1180 62201-2850 MOTOR GRADER, 12 FOOT MINIMUM BLADE

60 HOUR $____________ $____________

A1200 62201-3000 HYDRAULIC EXCAVATOR (MINI, 23.1HP TO 40.2HP, WITH 5 FOOT

MINIMUM DOZER BLADE)

20 HOUR $____________ $____________

A1220 62201-3400 HYDRAULIC EXCAVATOR, 1 CUBIC YARD MINIMUM CAPACITY WITH

THUMB ATTACHMENT

80 HOUR $____________ $____________

A1240 62301-0000 GENERAL LABOR

100 HOUR $____________ $____________

A1260 62501-0000 TURF ESTABLISHMENT

24.0 ACRE $____________ $____________

A1280 62901-0800 ROLLED EROSION CONTROL PRODUCT, TYPE 2.D

8,700 SQYD $____________ $____________

A1300 63302-0000 SIGN SYSTEM

105 SQFT $____________ $____________

A1320 63401-0300 PAVEMENT MARKINGS, TYPE B, SOLID (WHITE STOP BAR)

220 LNFT $____________ $____________

A1340 63401-0300 PAVEMENT MARKINGS, TYPE B, SOLID (6-INCH WHITE)

56,000 LNFT $____________ $____________

Bid Schedule Schedule:A Schedule Type:Base

A-13

A1360 63401-0300 PAVEMENT MARKINGS, TYPE B, SOLID (YELLOW)

38,000 LNFT $____________ $____________

A1380 63401-0400 PAVEMENT MARKINGS, TYPE B, BROKEN

980 LNFT $____________ $____________

A1400 63501-0000 TEMPORARY TRAFFIC CONTROL

ALL LPSM $___LPSM_____ $____________

A1420 63610-2200 CONDUIT, 3-INCH, PVC

1,900 LNFT $____________ $____________

Submitted by:____________________________________ Schedule Total:____________

Bid Schedule Schedule:A Schedule Type:Base

B - 1

Solicitation Provisions

FEDERAL ACQUISITION REGULATION

SOLICITATION PROVISIONS

Representations, Certifications and Other Statements of Bidders

The bidder makes the following representations and certifications as a part of its bid.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

(a) Definition.

“Internal confidentiality agreement or statement,” “subcontract”, and “subcontractor”, as used in this provision, 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…

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