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- 23544
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- Addendum 2 Job 23544
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- September 30, 2026
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- Addendum 1 Job 23544
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- September 18, 2026
- Name
- Job 23544 Request for Proposal
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- September 14, 2026
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- XA-SS-5-022(140)074_ED_Final Plans
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- Biddate
- 20261009-0930
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- Job 23544
STATE FEDERAL AID PROJECT NO. XA-SS-5-022(140)074 (PCN-23544)
NORTH DAKOTA
DEPARTMENT OF TRANSPORTATION
REQUEST FOR PROPOSAL
(For official use only)
Proposal Form of:
(Address, City, State, Zipcode)
(Firm Name)
___________________________________________________________________________
___________________________________________________________________________
ND 22, NEAR JCT ND 22 BYPASS (DICKINSON) N TO 17TH ST SW
DUNN and STARK COUNTIES
Miles17.125
BID OPENING:
exchange at www.bidx.com until
The bidder's proposal will be accepted via the Bid Express on-line bidding
Prior to submitting a Proposal, the Bidder shall complete all applicable sections and
properly execute the Proposal Form in accordance with the specifications.
Central Time on October 09, 2026.09:30AM
HMA OVERLAY, STRUCTURE REPAIRS, PAVEMENT MARKINGS
PAGE INTENTIONALLY LEFT BLANK
PROPOSAL FORM
North Dakota Department of Transportation of
23544
Project:
BID OPENING:October 09, 2026
1 9
XA-SS-5-022(140)074 (PCN-23544)
Page
Job
The company, firm, corporation, or individual hereby acknowledges that it has designated a responsible
person or persons as having the authority to obligate the company, firm, or individual, through electronic or
paper submittal, to the terms and conditions described herein and in the contract documents. The
designated responsible person submitting this proposal shall be hereafter known as the bidder. By
submitting this proposal, the bidder fully accepts and agrees to all the provisions of the proposal. The bidder
also certifies that the information given in this proposal is true and the certifications made in this proposal
are correct.
The bidder acknowledges that they have thoroughly examined the plans, proposal form, specifications,
supplemental specifications, special provisions and agrees that they constitute essential parts of this
proposal.
The bidder acknowledges that all line items which contain a quantity shall have a unit price bid. Any line item
which is bid lump sum shall contain a lump sum bid price.
The bidder acknowledges that they understand that the quantities of work required by the plans and
specifications are approximate only and are subject to increases and decreases; the bidder understands that
all quantities of work actually required must be performed and that payment therefore shall be at the prices
stipulated herein; that the bidder proposes to timely furnish the specified materials in the quantities required
and to furnish the machinery, equipment, labor and expertise necessary to competently complete the
proposed work in the time specified.
NON-COLLUSION AND DEBARMENT CERTIFICATION
The bidder certifies that neither he/she, nor any official, agent or employee of the bidder has entered into
any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free
competitive bidding in connection with this bid.
By submitting this proposal, the bidder certifies to the best of his/her knowledge and belief that he/she and
his/her principles:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal Department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or perform a public (Federal, State or Local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records; making false
statements; or receiving stolen property
PROPOSAL FORM
North Dakota Department of Transportation of
Project: XA-SS-5-022(140)074 (PCN-23544)
BID OPENING:October 09, 2026
2 9
23544
Page
Job
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or Local) with commission of any of the offenses enumerated in paragraph b. of the
certification; and
d. Have not within a three-year period preceding this proposal had one or more public transactions
(Federal, State or Local) terminated for cause or default
Where the prospective bidder is unable to certify to any of the statements in this certification, the bidder
shall submit an explanation in the blanks provided herein. The explanation will not necessarily result in
denial of participation in a contract:
Explanation:
If the prequalified bidder’s status changes, he/she shall immediately submit a new fully executed non-
collusion affidavit and debarment certification with an explanation of the change to the Contract Office prior
to submitting the bid.
Failure to furnish a certification or an explanation will be grounds for rejection of a bid.
BID LIMITATION (Optional)
The bidder who desires to bid on more than one project on which bids are to be opened on the same date,
and who also desires to avoid receiving an award of more projects than the bidder is equipped to handle,
may bid on multiple projects and limit the total amount of work awarded to the bidder on selected projects
by completing the “Bid Limitation”.
The Bid Limitation must be filled in on each proposal form for which the Bidder desires protection. Each such
proposal must be covered by a proposal guaranty.
The bid limitation can be made by declaring the total dollar value of work OR total number of projects a
bidder is willing to perform.
The Bidder desires to disqualify all of his/her bids on this bid opening that exceed a total dollar value of
$
OR
that exceed a total number of projects.
The Bidder hereby authorizes the Department to determine which bids shall be disqualified.
PROPOSAL FORM
North Dakota Department of Transportation of
Project: XA-SS-5-022(140)074 (PCN-23544)
BID OPENING:October 09, 2026
3 9
23544
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PERMISSIBLE DISCOUNT (optional)
Only when invited to do so in the Request for Proposal by Special Provision, Bidders are permitted to offer a
discount on a specific project (discount project) if they are awarded the contract on one or more additional
projects bid at the same bid opening time and date. The bidder must present the proposal so that it can be
considered with or without the discount. The bid or discount offered on the “discount project” will not affect
the determination of the low bid of any other project.
When discounts are offered, they must be presented as a reduction in the unit price for one or more items of
work in the specified proposal (discount project).
Space for Offering Discounts:
Item No:
Description:
Unit:
Proposal Quantity: Unit Price Reduction: $ Discount: $
Item No:
Description:
Unit:
Proposal Quantity: Unit Price Reduction: $ Discount: $
Item No:
Description:
Unit:
Proposal Quantity: Unit Price Reduction: $ Discount: $
TOTAL DISCOUNT
It is understood that the discount will only apply if awarded under the conditions as listed above and signed
by the bidder.
PROPOSAL FORM
North Dakota Department of Transportation of
Project: XA-SS-5-022(140)074 (PCN-23544)
BID OPENING:October 09, 2026
4 9
23544
Page
Job
PROPOSAL GUARANTY
A proposal guaranty is required. The proposal guaranty must comply with Section 102.09, “Proposal
Guarantee” of the Standard Specifications.
TYPE OF PROPOSAL GUARANTY APPLIED TO THIS PROJECT (Check one):
_____ Annual Bid Bond*
_____ Single Project Bid Bond
_____ Certified or Cashier’s Check
*Annual Bid Bond is required when submitting proposals electronically
Spec
No.
Amount
Description Unit
Approx.
Quantity
Unit Price
$$$$$ 000 $$$$$ 00
PROPOSAL FORM
North Dakota Department of Transportation 5 of 9
October 09, 2026BID OPENING:
Code
No.
Bidder must type or neatly print unit prices in numerals, make extensions for each item, and
total. Do not carry unit prices further than three (3) decimal places.
Item
No.
Project: XA-SS-5-022(140)074 (PCN-23544)
BID ITEMS
23544
Page
Job
CONTRACT BOND 1.001 103 0100 L SUM
E-TICKETING 1.002 109 1000 L SUM
WATER 65.003 216 0100 M GAL
AGGREGATE BASE COURSE CL 5 1,992.004 302 0120 TON
TACK COAT 54,315.005 401 0050 GAL
MILLING PAVEMENT SURFACE 5,003.006 411 0100 TON
MILLING PCC PAVEMENT 212.007 411 0110 SY
SUPERPAVE FAA 45 90,970.008 430 0045 TON
CORED SAMPLE 968.009 430 1000 EA
PG 58H-34 ASPHALT CEMENT 5,460.010 430 5818 TON
PENETRATING WATER REPELLENT TREATMENT 1,961.011 602 1250 SY
SPECIAL SURFACE FINISH 1,802.012 602 7000 SF
MOBILIZATION 1.013 702 0100 L SUM
FLAGGING 1,936.014 704 0100 MHR
TRAFFIC CONTROL SIGNS 3,772.015 704 1000 UNIT
PORTABLE RUMBLE STRIPS 6.016 704 1048 EA
Spec
No.
Amount
Description Unit
Approx.
Quantity
Unit Price
$$$$$ 000 $$$$$ 00
PROPOSAL FORM
North Dakota Department of Transportation 6 of 9
October 09, 2026BID OPENING:
Code
No.
Bidder must type or neatly print unit prices in numerals, make extensions for each item, and
total. Do not carry unit prices further than three (3) decimal places.
Item
No.
Project: XA-SS-5-022(140)074 (PCN-23544)
BID ITEMS
23544
Page
Job
TYPE III BARRICADE 12.017 704 1052 EA
DELINEATOR DRUMS 44.018 704 1060 EA
TUBULAR MARKERS 494.019 704 1067 EA
STACKABLE VERTICAL PANELS 50.020 704 1080 EA
PILOT CAR 420.021 704 1185 HR
BITUMINOUS LABORATORY 1.022 706 0550 EA
CONTRACTOR'S LABORATORY 1.023 706 0600 EA
SINUSOIDAL RUMBLE STRIP - ASPHALT SHOULDER 34.024 760 0025 MILE
SINUSOIDAL RUMBLE STRIP - ASPHALT CENTERLINE 17.025 760 0027 MILE
EPOXY PVMT MK 12IN LINE 16,664.026 762 0111 LF
EPOXY PVMT MK MESSAGE 1,791.027 762 0112 SF
EPOXY PVMT MK 6IN LINE 361,676.028 762 0114 LF
EPOXY PVMT MK 24IN LINE 333.029 762 0117 LF
SHORT TERM 6IN LINE-TYPE NR 624,402.030 762 0432 LF
SHORT TERM 24IN LINE-TYPE NR 601.031 762 0436 LF
SHORT TERM 12IN LINE-TYPE NR 65,370.032 762 0437 LF
Spec
No.
Amount
Description Unit
Approx.
Quantity
Unit Price
$$$$$ 000 $$$$$ 00
PROPOSAL FORM
North Dakota Department of Transportation 7 of 9
October 09, 2026BID OPENING:
Code
No.
Bidder must type or neatly print unit prices in numerals, make extensions for each item, and
total. Do not carry unit prices further than three (3) decimal places.
Item
No.
Project: XA-SS-5-022(140)074 (PCN-23544)
BID ITEMS
23544
Page
Job
CRACK SEALING 1,881.033 930 9223 LF
GIRDER PATCHING 1.034 930 9694 L SUM
TOTAL SUM BID
PROPOSAL FORM
North Dakota Department of Transportation
BID OPENING:October 09, 2026 Job 23544
Project:
Type of Work:
Counties: DUNN and STARK
Length: 17.1250 Miles
HMA OVERLAY, STRUCTURE REPAIRS, PAVEMENT MARKINGS
XA-SS-5-022(140)074 (PCN-23544)
Page 8 of 9
TIME FOR COMPLETION:
The undersigned Bidder agrees, if awarded the contract, to prosecute the work with sufficient
forces and equipment to complete the contract work within the allowable time specified as follows:
WORKING DAY CONTRACT: working days are provided. The Department will begin
charging working days beginning or the date work begins on the project site,
NA
CALENDAR DAY CONTRACT:
begins on the project site, whichever is earlier.
COMPLETION DATE CONTRACT:
provides a minimum of
or the date workwill be determined by adding
whichever is earlier.
NA
calendar days are provided. The completion date
N
NA
NA calendar days to NA
The project completion date is . The Department10/16/2027
working days. The Department will begin charging workingNA
or the date work begins on the project site, whichever is earlier.days beginning NA
PROPOSAL FORM
North Dakota Department of Transportation 9 of 9
BID OPENING:October 09, 2026 23544
Page
Job
Project: XA-SS-5-022(140)074 (PCN-23544)
Type of Work: HMA OVERLAY, STRUCTURE REPAIRS, PAVEMENT MARKINGS
Counties: DUNN and STARK
Length: 17.1250 Miles
CONTRACT EXECUTION:
The undersigned Bidder agrees, if awarded the contract, to execute the contract form and furnish
a contract bond within fifteen calendar days, as determined by NDCC Section 1-02-15, after date of
notice of award, in accordance with the provisions of Sections 103.05 and 103.06 of the Standard
representative of
of
CONTRACTOR NAME
, a
MAILING ADDRESS
Specifications.
AFFIDAVIT:
STATE OF
COUNTY OF
The undersigned bidder, being duly sworn, does depose and say that they are an authorized
and that they have read, understand, acknowledge, and accept the entire proposal form; and
PartnershipIndividual Joint Venture Corporation
)
)
) ss.
that all statements made by said bidder are true and correct.
, TITLE
BIDDER MUST SIGN ON THIS LINE
Subscribed and sworn to before me this day.
TYPE OR PRINT SIGNATURE ON THIS LINE
COUNTY
DATE
NOTARY PUBLIC
My commission expires
STATE(Seal)
NORTH DAKOTA DEPARTMENT OF TRANSPORTATION
Job 23544, XA-SS-5-022(140)074
HMA Overlay, Structure Repairs, Pavement Markings
INDEX OF PROVISIONS
Road Restriction Permits
Hot Line Notice
Price Schedule for Miscellaneous Items dated January 2, 2026 (PS-1)
Required Contract Provisions Federal Aid Construction Contracts
(Form FHWA 1273 Revised June 25, 2026)
SP Certified Payrolls, dated 3-7-24
SP Project Payment Reporting
Labor Rates from U.S. Department of Labor dated July 30, 2026 (Mod. No. 3)
On-The-Job Training Program 2026
SSP 2 Federal Migratory Bird Treaty Act
SSP 4 Longitudinal Joint Density
SSP 5 Limitations of Operations
SSP 8 Federal Prohibition on Certain Technological Hardware
SSP 11 Domestic Material Procurement Preferences
SSP 12 Public Liability and Property Damage Insurance
SSP 13 Federal Drone Restriction
SP 208(23) E-Ticketing (Mandatory)
SP 209(23) Flexible Pavement Surface Tolerance
PSP 139(23) Permits and Environmental Considerations
SP Fuel Cost Adjustment Clause
NOTICE
TO: All prospective bidders on all North Dakota Department of
Transportation Highway Construction Projects.
Contractors moving construction equipment to NDDOT highway
construction projects are subject to the Road Restriction Policy
with the following modifications:
A. The contractor may purchase up to 10 single trip permits for
each NDDOT highway construction project at a cost ranging from
$20 to $70 each. These permits must be purchased from the Motor
Carrier Division of the Highway Patrol at the central office
of the NDDOT in Bismarck, North Dakota.
B. The $1 per mile fee will not be charged for Gross Vehicle
Weights (GVW) exceeding 105,500 pounds, 105,500 pounds, and
105,000 pounds for highways Restricted by Legal Weights,
8 Ton, and 7 Ton highways respectively.
C. The $5 per ton per mile fee will be charged only for loads
exceeding a GVW of 130,000 pounds, 120,000 pounds, 110,000
pounds and 80,000 pounds for highways Restricted by Legal
Weights, 8 Ton, 7 Ton, and 6 Ton highways respectively.
D. The maximum weights per axle for each of the class
restrictions still apply. If it is shown that more axles
cannot be added, movement may be authorized; however, a $1
per ton per mile fee will be charged for all weight in
excess of the restricted axle limits.
E. These construction equipment single trip permits apply to
State and US Highways only.
F. The District Engineers and Highway Patrol will select the
route of travel.
G. Contractors moving equipment to other than NDDOT highway
construction projects are subject to all fees as shown in
the Road Restriction Permit Policy.
H. Contractors must call the Highway Patrol prior to movement
of all overweight loads on all State and US Highways.
NDDOT ROAD AND VEHICLE RESTRICTIONS Date Revised 05-22-10
ROAD RESTRICTION PERMITS
Permits shall be issued for the movement of non-divisible vehicles and loads on state highways which
exceed the weight limits during spring road restrictions. The issuance of permits may be stopped or
posted weights changed at any time based on the varying conditions of the roadways. Permits can be
obtained from the Highway Patrol.
RESTRUCTION CLASSIFICATIONS WITH ALLOWABLE AXLE WEIGHTS
AND GROSS VEHICLE WEIGHTS
PERM IT AND TON/MILE FEES
Highways Restricted by Legal Weight
Single Axle -- 20,000 lbs.
Tandem Axle -- 34,000 lbs.
Triple Axle -- 48,000 lbs.
4 Axles or more -- 15,000 lbs. per axle
Gross Vehicle Weight -- 105,500 lbs.
Note: The above weights apply to state highways restricted by legal weights,
other than interstate highways, in areas where road restrictions are in force.
When the gross weight of an axle grouping exceeds 48,000 pounds, the $1
per ton per mile shall apply to all weight in excess of 15,000 pounds per axle.
Permit Fee: $20-$70 per trip
Ton Mile Fee:
105,501 lbs. to 130,000 lbs. GVW -- $1 per mile
Over 130,000 lbs. GVW -- $1 per mile plus $5 per
ton per mile for that weight exceeding 130,000 lbs.
GVW
Exceeding axle limits -- $1 per ton per mile
8-Ton:
Single Axle -- 16,000 lbs.
Tandem Axle -- 32,000 lbs.
3 Axles or more -- 14,000 lbs. per axle
Gross Vehicle Weight -- 105,500 lbs.
Permit Fee: $20-$70 per trip
Ton Mile Fee:
105,501 lbs. to 120,000 lbs. GVW -- $1 per mile
Over 120,000 lbs. GVW -- $1 per mile plus $5 per
ton per mile for that weight exceeding 120,000 lbs.
GVW
Exceeding restricted axle limits -- $1 per ton per
mile
7-Ton:
Single Axle -- 14,000 lbs.
Tandem Axle -- 28,000 lbs.
3 Axles or more -- 12,000 lbs. per axle
Gross Vehicle Weight -- 105,500 lbs.
Permit Fee: $20-$70 per trip
Ton Mile Fee:
105,500 lbs. to 110,000 lbs. GVW -- $1 per mile
Over 110,000 lbs. GVW -- $1 per mile plus $5 per
ton per mile for that weight exceedi ng 110,000 lbs.
GVW
Exceeding restricted axle limits -- $1 per ton per
mile
6-Ton:
Single Axle -- 12,000 lbs.
Tandem Axle -- 24,000 lbs.
3 Axles or more -- 10,000 lbs. per axle
Gross Vehicle Weight -- 80,000 lbs.
Permit Fee: $20-$70 per trip
Ton Mile Fee:
$5 per ton per mile for all weight exceeding 80,000
lbs. GVW
Exceeding restricted axle limits -- $1 per ton per
mile
5-Ton:
Single Axle -- 10,000 lbs.
Tandem Axle -- 20,000 lbs.
3 Axles or more -- 10,000 lbs. per axle
Gross Vehicle Weight -- 80,000 lbs.
No overweight movement allowed
SINGLE UNIT FIXED LOAD VEHICLES SUCH AS TRUCK CRANES AND WORKOVER RIGS
A. Permit Fee and Ton Mile Fee for Self-Propelled Fixed Load Vehicles .
1. Permit Fee: $25 per trip
2. $1 per ton per mile for all weight in excess of restricted axle limits or in excess of legal limits on
state highways in areas where road restrictions are in force. When the gross weight of an axle
grouping exceeds 48,000 pounds, the $1 per ton per mile shall apply to all weight in excess of
15,000 pounds per axle (see weight classification chart in section C.)
3. $5 per ton per mile for all movements exceeding the following gross vehicle weight limits:
a. 105,500 lbs. GVW on unrestricted state highways, other than interstate highways, in areas
where road restrictions are in force.
b. 105,500 lbs. GVW on 8-ton highways.
c. 105,500 lbs. GVW on 7-ton highways.
d. 80,000 lbs. GVW on 6-ton highways.
e. No overweight movement allowed on 5-ton highways
B. Permit Fee s for Work-Over Rigs and Special Mobile Equipment Exceeding 650 but not 670 Pounds
Per Inch Width of Tire.
1. Permit Fee:
a. $50 per trip on work-over rigs up to 650 pounds per inch width.
b. $75 per trip on work -over rigs that exceed 650 but not 670 pounds per inch width of tire.
2. The work -over rig shall be stripped to the most minimum weights.
3. A minimal number of state highway miles shall be used.
4. District engineer approval shall be obtained prior to movement when vehicle exceeds restricted
axle weights by more than 5,000 pounds.
5. A validation number ending in TM must be obtained from the Highway Patrol prior to using a
self-issue single trip movement approval form.
6. The ton mile shall be waived .
NOTICE
U.S. DEPARTMENT OF TRANSPORTATION
"HOT LINE"
As part of its continuing investigation into Highway Construction Contract Bid
Rigging and abuses in the Disadvantaged Business Enterprise Program, the Inspector
General for the Department of Transportation (DOT) has established a "HOT LINE"
to receive information from contractors, suppliers, or anyone with knowledge of such
activities.
The toll-free "HOT LINE' telephone number is 1-800-424-9071 and will be manned
during normal working hours (8 a.m. to 5 p.m. EST). This operation is under the
direction of DOT's Inspector General. All information will be treated confidentially
and anonymity will be respected.
CALL WRITE
Inspector General's 'HOT LINE' Inspector General
Toll Free 1-800-424-9071 Post Office Box 23178
Washington, DC Area: Washington, DC 20026-0178
202-366-1461
Fax: 202-366-7749 Email: hotline@oig.dot.gov
The field office address and telephone number for NORTH DAKOTA is:
CHICAGO REGIONAL OFFICE
Special Agent-in-Charge
Commercial: 312-353-0106
111 N. Canal St., Suite 677
Chicago, Illinois 60606
1/2/2026
NORTH DAKOTA DEPARTMENT OF TRANSPORTATION
PRICE SCHEDULE FOR MISCELLANEOUS ITEMS (PS-1)
The Contractor agrees to accept the following unit prices for each listed item of work and or material when no project contract unit price
exists for that item. Materials and construction methods used in performing maintenance and restoration work for 107. 08 Haul Roads
shall meet the requirements of the relevant specifications.
Each price listed will be full compensation for the cost of labor, material, and equipment necessary to provide the item of work and/or
material, complete in place, including (but not limited to) royalty, disposal of unsuitable material, equipment rental, sales tax, use tax,
overhead, profit, and incidentals.
Each listed item is referenced to the Standard Specifications by Section number and Section name.
Spec Code Specification Section No. Section Name Item Price
100 9950 704.04 C.5 Temporary Traffic Control Flagging $61.00 per MHR
100 9951 216.04 Water Water $35.00 per M Gal
100 9952 430.04 G & I.3 HMA – Bituminous Materials Patching – Machine Placed $250.00 per Ton
100 9952 430.04 G & I.3 HMA – Bituminous Materials Patching – Hand Placed $270.00 Per Ton
100 9954 302.04 B Aggregate Base and Surface Course Aggregate Base CL 13 $40.00 per Ton 1
100 9955 203.01 C Rock Excavation Rock Excavation $30.00 per CY
100 9956 203.01 D Shale Excavation Shale Excavation $9.25 per CY
100 9957 203.01 E Muck Excavation Muck Excavation $10.50 per CY
100 9958 203.01 G & 203.05 G.3 Excavation and Embankment Overhaul $0.08 per CY-Sta
100 9960 420.04 E Bituminous Seal Coat Blotter Sand $40.00 per Ton 1
100 9962 260.06 Silt Fence Cleaning Silt Fence $5.00 per LF
100 9963 261.06 Fiber Rolls Cleaning of Fiber Rolls $5.00 per LF
100 9964 260.06 Silt Fence Removal of Silt Fence 2 $5.00 per LF
100 9965 261.06 Fiber Rolls Removal of Fiber Rolls 2 $5.00 per LF
1 Price Includes haul up to 10 miles. Payment for haul exceeding 10 miles will be according to Section 109.03 E, “Force Account.”
The haul distance for aggregate base will be based on the average haul. The haul distance for blotter sand will be from the point
where the haul begins to the point where it enters the project.
2 This is only for pre-existing items that were not installed under the Contract.
1
FHWA-1273 – Revised June 25, 2026
CONTRACT PROVISIONS FOR
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Davis-Bacon and Related Act Provisions
IV. Contract Work Hours and Safety Standards Act
Provisions
V. Subletting or Assigning the Contract
VI. Safety: Accident Prevention
VII. False Statements Concerning Highway Projects
VIII. Implementation of Clean Air Act and Federal Water
Pollution Control Act
IX. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
X. Certification Regarding Use of Contract Funds for
Lobbying
XI. Use of United States-Flag Vessels
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only).
I. GENERAL
1. Historically, contracting agencies using Federal-aid highway
funds were required to ensure Form FHWA-1273 was
physically incorporated into all contracts and subcontracts.
Effective June 10, 2026, this requirement was eliminated [91
FR 25492]. Future use of Form FHWA-1273 is now optional on
the part of the contracting agency using Federal-aid highway
funds. FHWA continues to make Form FHWA-1273 available
as a convenience to contracting agencies. Contracting
agencies must continue to ensure compliance with the
provisions cited in Form FHWA-1273 in accordance with the
provisions regardless of the use of Form FHWA-1273.
Accordingly, the contracting agency retains the authority to
determine whether the contractor must use Form FHWA-1273
to physically incorporate required contract provisions in each
subcontract and in lower tier contracts. Where permitted by the
contracting agency, the contractor may choose other ways to
include required contract provisions in each subcontract,
besides incorporating Form FHWA-1273. Contract provisions
in Form FHWA-1273 are not required to be physically included
in subcontracts for design services on Federal-aid design-build
contracts, or in purchase orders, rental agreements and other
agreements for supplies or services.
The applicable provisions of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor or design-builder shall be responsible for
compliance by any subcontractor, lower-tier subcontractor or
service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents.
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION
The contractor and all subcontractors must comply with the
following policies: 29 CFR Parts 1625-1627, 23 U.S.C. 140,
Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), Title VI of the Civil Rights Act of 1964, as
amended (42 U.S.C. 2000d et seq.), and related regulations
including 49 CFR Parts 21, 26, and 27, including any
amendments thereto.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with 29 CFR Parts 1625-1627. The
contracting agency and the FHWA have the authority and the
responsibility to ensure compliance with 23 U.S.C. 140,
Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as
amended (42 U.S.C. 2000d et seq.), and related regulations
including 49 CFR Parts 21, 26, and 27, including any
amendments thereto.
The provisions of the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and
29 CFR Part 1630 are incorporated by reference in this
contract.
1. Assurances Required:
a. The requirements of 49 CFR Part 26, including any
amendments thereto, and the State DOT’s FHWA-approved
Disadvantaged Business Enterprise (DBE) program are
incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26, including any
amendments thereto, in the award and administration of DOT-
assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy
as the recipient deems appropriate, which may include, but is
not limited to:
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(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E, including any
amendments thereto, are incorporated by reference. 49 CFR
Part 21.
III. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or
otherwise working in construction or development of the
project under a development statute), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of 29
CFR 5.5, the appropriate wage determinations are effective by
operation of law even if they have not been attached to the
contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph 1.e. of this section; also, regular
contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually
performed, without regard to skill, except as provided in
paragraph 4. of this section. Laborers or mechanics performing
work in more than one classification may be compensated at
the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in
which work is performed. The wage determination (including
any additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
(WH–1321) must be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage
and fringe benefit rates that have been determined to be
prevailing under the procedures set forth in 29 CFR part 1, a
wage determination may contain, pursuant to § 1.3(f), wage
and fringe benefit rates for classifications of laborers and
mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided
that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for
which a prevailing wage rate has been determined;
(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the
wage determination.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this
section. Work performed in such a classification must be paid
at no less than the wage and fringe benefit rate listed on the
wage determination for such classification.
c. Conformance. (1) The contracting officer must require that
any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with
the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate
only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
3
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to
DBAconformance@dol.gov. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(4) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer
will, by email to DBAconformance@dol.gov, refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division
under paragraphs 1.c.(3) and (4) of this section. The contractor
must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph 1.c.(3) or (4) of
this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor may
either pay the benefit as stated in the wage determination or
may pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That
the Secretary of Labor has found, upon the written request of
the contractor, in accordance with the criteria set forth in
§ 5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the
wages required by the contract, the contractor will be required
to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may,
upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold
or cause to be withheld from the contractor so much of the
accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any
subcontractor for the full amount of wages and monetary relief,
including interest, required by the clauses set forth in this
section for violations of this contract, or to satisfy any such
liabilities required by any other Federal contract, or federally
assisted contract subject to Davis-Bacon labor standards, that
is held by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency,
and such funds may be used to satisfy the contractor liability
for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including
any apprentice or helper working on the site of the work all or
part of the wages required by the contract, or upon the
contractor's failure to submit the required records as discussed
in paragraph 3.d. of this section, the contracting agency may
on its own initiative and after written notice to the contractor,
take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with paragraph
2.a. of this section or Section IV, paragraph 3.a., or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted u
- Project
- XA-SS-5-022(140)074
- Bid Label
- October 09, 2026 9:30 AM CT
- Enriched
- Yes
- Pdf Pages
- 93
- Categorized By
- llm
North Dakota Department of TransportationIssuing agency·North Dakota·via a public procurement portal