- Pcn
- 04L6
- Area
- Winner
- Plans
- Name
- ElectronicDesignFiles.pdf
- Item No
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- Qa Text
- South Dakota Department of Transportation - Bid Letting Information SDEBS Lettings Regional Lettings Bidding Information NEW Electronic Bidding Contractor Information Bid Letting Staff Error Message An error has occurred on the page you requested. Please contact the bid letting office at 605-773-3275 to report this error. Bid Letting Home Bid Letting Log In
- Pdf Text
- Planning & Engineering
Office of Project Development
700 East Broadway Avenue
Pierre, South Dakota 57501-2586
O: 605.773.3275
dot.sd.gov
_____________________________________________________________________________________
September 11, 2026
To Whom it May Concern,
Beginning with the 10/7/2026 letting, the SDDOT will be using the new Electronic Standard
Specifications for Roads and Bridges, 10-7-26 Version. The Standard Specifications for Roads
and Bridges is available for download and viewing at https://dot.sd.gov/doing-
business/contractors/standard-specifications . A printed version of the Standard Specifications
for Roads and Bridges will not be provided.
A revised Buy America specification is in effect beginning with the 10/7/26 letting, which aligns
with the expiration of the Federal Manufactured Products General Waiver. Contractors should
be aware that new provisions for manufactured products, along with updates to material
classifications, documentation requirements, and compliance procedures, are included in
Section 6.9 of the Standard Specifications (10/07/2026 version). All contractors and suppliers
are strongly encouraged to review the updated specification in full. Contractors are encouraged
to attend the Buy America Informational Webinar being put on by the SDDOT and AGC.
Information on the webinar can be found at:
https://dot.sd.gov/doing-business/contractors/webinars/
FHWA has updated the FHWA-1273 commonly known as the “Pink Sheets”. The new FHWA-
1273 will be incorporated into all contracts awarded after 10/7/26. Additional information
regarding the updated FHWA-1273 can be found at:
https://www.fhwa.dot.gov/construction/cqit/form1273.cfm
Sincerely,
SDDOT – Bid Letting Office
7
DEPARTMENT OF TRANSPORTATION
NOTICE TO CONTRACTORS,
PROPOSAL, SPECIAL PROVISIONS,
CONTRACT AND CONTRACT BOND
FOR
SIGNING & DELINEATION
FEDERAL PROJECT NO. PH 8036(05)
(PCN 04L6)
JACKSON COUNTY GRAVEL ROADS
IN JACKSON COUNTYNovember 4, 2026
DEPARTMENT OF
TRANSPORTATION
NOTICE TO ALL BIDDERS
TO REPORT BID RIGGING ACTIVITIES, CALL: 1-800-424-9071
THE U.S. DEPARTMENT OF TRANSPORTATION (DOT) OPERATES THE ABOVE TOLL-
FREE “HOTLINE” MONDAY THROUGH FRIDAY, 8:00 A.M. TO 5:00 P.M., EASTERN TIME.
ANYONE WITH KNOWLEDGE OF POSSIBLE BID RIGGING, BIDDER COLLUSION, OR
OTHER FRAUDULENT ACTIVITIES SHOULD USE THE “HOTLINE” TO REPORT SUCH
ACTIVITIES.
THE “HOTLINE” IS PART OF THE DOT’S CONTINUING EFFORT TO IDENTIFY AND
INVESTIGATE HIGHWAY CONSTRUCTION CONTRACT FRAUD AND ABUSE AND IS
OPERATED UNDER THE DIRECTION OF THE DOT INSPECTOR GENERAL.
ALL INFORMATION WILL BE TREATED CONFIDENTIALLY, AND CALLER ANONYMITY
WILL BE RESPECTED.
* * * *
PLANS, PROPOSALS AND ADDENDA
AFTER AWARD OF CONTRACT, THE LOW BIDDER WILL RECEIVE TEN (10)
COMPLIMENTARY SETS OF PLANS, PROPOSALS, PROJECT Q & A FORUM, AND
ADDENDA FOR FIELD AND OFFICE USE. AN ELECTRONIC COPY WILL ALSO BE
PROVIDED. ANY ADDITIONAL COPIES REQUIRED WILL BE THE RESPONSIBILITY OF THE
CONTRACTOR.
* * * *
Project Number: PH 8036(05) Revised 10/8/25
PCN 04L6
NOTICE TO CONTRACTORS
Bid proposals for this project will be prepared, transmitted, and received electronically by the
South Dakota Department of Transportation (SDDOT) via the South Dakota Electronic Bid
System until 10 A.M. Central time, on November 4, 2026, at which time the SDDOT will open
bids. All bids will be checked for qualifications with results posted on the SDDOT website. The
South Dakota Transportation Commission will consider all bids at a scheduled Commission
meeting.
The work for which proposals are hereby requested is to be completed within the following
requirement(s):
FIELD WORK COMPLETION: OCTOBER 29, 2027
The project category is Category I
The project type is Surfacing
The geographic zone is Zone 4
THE DBE GOAL FOR THIS PROJECT IS: N/A
WORK TYPE FOR THIS PROJECT IS: WORK TYPE 11
TERO/TECRO REQUIREMENTS AND FEES: See special provision(s) for Indian
Employment and contracting.
Bidding package for the work may be obtained at:
http://apps.sd.gov/hc65bidletting/ebslettings1.aspx#no-back-button
The South Dakota Standard Specifications for Roads and Bridges, 10-7-26 Version, may be
obtained at https://dot.sd.gov/doing-business/contractors/standard-specifications/ .
The electronic bid proposal must be submitted by a valid bidder as designated by their
company’s https://apps.sd.gov/HC65C2C/EBS/BidAdminAuthorizationForm.pdf. A bidding
administrator will have privileges in the SDEBS to prepare bids, submit bids, and authorize
additional company employees to prepare and submit bids. Additionally, a bidding
administrator will be responsible for maintaining the list of authorized bidders for the company
and will have the ability to add employees, remove employees, and set-up bidder
identifications and passwords within the SDEBS. Bidding Administrator authorization will
remain in full force and effect until written notice of termination of this authorization is sent by
an Officer of the company and received by the Department.
A bidder identification and password, coupled with a company identification previously
assigned by the Department, will serve as authentication that an individual is a valid bidder for
the company.
Contact information to schedule a preconstruction meeting prior to commencing with the work
on this project.
Doug Sherman
PO Box 771
Winner, SD 57580-0771
Phone: 605/842-0810
PROPOSAL Revised 8/10/11
SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, STATE OF SOUTH DAKOTA:
Ladies / Gentlemen:
The following proposal is made on behalf of the undersigned and no others. It is in all respects
fair and is made without collusion on the part of any other person, firm or corporation not
appearing in the signature to this proposal.
The undersigned certifies that she / he has carefully examined the plans listed herein, the
Specifications hereinbefore referred to, the Special Provisions and the form of contract, both of
which are attached hereto. The undersigned further certifies that she / he has personally
inspected the actual location of the work, together with the local sources of supply and that she /
he understands the conditions under which the work is to be performed, or, that if she / he has
not so inspected the actual location of the work, that she / he waives all right to plea any
misunderstanding regarding the location of the work or the conditions peculiar to the same.
On the basis of the plans, Specifications, Special Provisions and form of contract proposed for
use, the undersigned proposes to furnish all necessary machinery, tools, apparatus and other
means of construction, to do all the work and furnish all the materials in the manner specified, to
finish the entire project within the contract time specified and to accept as full compensation
therefore the amount of the summation of the products of the actual quantities, as finally
determined, multiplied by the unit prices bid.
The undersigned understands that the quantities as shown in the Bid Schedule are subject to
increase or decrease, and hereby proposes to perform all quantities of work, as increased or
decreased, in accordance with the provisions of the specifications, and subject to any applicable
special provisions, and at the unit prices bid.
The undersigned understands that the "Total or Gross Amount Bid" as immediately hereinbefore
set forth is not the final amount which will be paid if this proposal is accepted and the work done,
but that such amount is computed for the purpose of comparison of the bids submitted and the
determination of the amount of the performance bond.
The undersigned further proposes to perform all extra work that may be required on the basis
provided in the specifications, and to give such work personal attention in order to see that it is
economically performed.
The undersigned further proposes to both execute the contract agreement and to furnish a
satisfactory performance bond, in accordance with the terms of the specifications, within twenty
(20) calendar days after the date of Notice of Award from the South Dakota Department of
Transportation that this proposal has been accepted.
CERTIFICATION REGARDING LOBBYING
I certify, to the best of my knowledge and belief, that: No Federal appropriated funds have
been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative
agreement. If any funds other than Federal appropriated funds have been paid or will be paid
to any of the above mentioned parties, the undersigned shall complete and submit Standard
Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty or not less than $10,000 and not more than $100,000 for each such failure.
REV 9/1/26
INDEX OF SPECIAL PROVISIONS
PROJECT NUMBER(S): PH 8036(05) PCN: 04L6
TYPE OF WORK: SIGNING & DELINEATION
COUNTY: JACKSON
The following clauses have been prepared subsequent to the Standard Specifications for Roads
and Bridges and refer only to the above described improvement, for which the following
Proposal is made.
The Contractor’s attention is directed to the need for securing from the Department of
Environment & Natural Resources, Foss Building, Pierre, South Dakota, permission to remove
water from public sources (lakes, rivers, streams, etc.). The Contractor should make his request
as early as possible after receiving his contract, and insofar as possible at least 30 days prior to
the date that the water is to be used.
Penny Kutz, Kara Palmer is the official in charge of the Pine Ridge, Hot Springs Career Center
for Jackson County.
THE FOLLOWING ITEMS ARE INCLUDED IN THIS PROPOSAL FORM:
Special Provision for Indian Employment and Contracting on the Pine Ridge
Reservation, dated 8/25/26.
Special Provision for Acknowledgment and Certification Regarding Article 3, Section 12 of the
South Dakota Constitution, dated 8/24/23.
Fuel Adjustment Affidavit, DOT form 208 dated 11/25.
Standard Title VI Assurance, dated 3/1/16
Special Provision for Equal Employment Opportunity Requirements for Highway Construction
Contracts, dated 10/7/26.
Special Provision for Contract Provisions for Federal-Aid Construction Contracts, Form
FHWA 1273 (Rev. June 25, 2026), dated 10/7/26.
Contract Provisions for Federal-Aid Construction Contracts, Form FHWA 1273 (Rev. 6/25/26).
Special Provision Regarding Minimum Wage on Federal-Aid Projects, dated 10/24/19.
Wage and Hour Division US Department of Labor Washington DC. - US Dept. of Labor Decision
Number SD20260001, dated 1/30/26.
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION FOR
INDIAN EMPLOYMENT AND CONTRACTING ON THE
PINE RIDGE RESERVATION
PROJECT PH 8036(05); PCN 04L6
JACKSON COUNTY
AUGUST 25, 2026
PURPOSE
The purpose of the Indian Employment and Contracting Special Provision is to establish the
specifications for Indian preference and the responsibilities of contractor and subcontractors for
this project.
A portion of this project is located within the exterior boundaries of the Pine Ridge Reservation.
Title 23 United States Code (USC), Section 140(d), recognizes and permits the preferential
employment of Indians living on or near a reservation on projects and contracts on Indian
reservations roads. The State of South Dakota and the Department of Transportation, consistent
with the intent of Section 140(d), affirms that it is their policy to encourage employment of
minorities.
DEFINITIONS
For the purposes of this Special Provision, the following definitions will apply:
A. Indian: An enrolled member of a federally recognized Indian tribe.
B. Qualified Indian Applicant is defined as one or more of the following:
1) Applicants approved by the contractor based on job performance on other jobs.
2) Applicants who have demonstrated or are presently demonstrating their work
qualifications during a probationary work period on this project.
3) Applicants certified by local referral agencies, including Tribal TERO offices, as
having adequate skills and training necessary to perform the duties of the position.
C. Core Crew Employee: A contractor’s or subcontractor’s core crew is composed of full
time employed individuals necessary to satisfy his/her reasonable needs for supervisory
or specially experienced personnel to assure an efficient execution of the contract work.
Any Indian already employed by a contractor will be included in the core crew, regardless
of job function, to avoid the unintended results of having a contractor lay-off or terminate
an Indian employee to hire another under this provision.
SPECIAL PROVISION FOR INDIAN EMPLOYMENT AND CONTRACTING
PINE RIDGE RESERVATION
NOVEMBER 4. 2026 LETTING
PAGE 2
D. Pre-Employment Standards: Directly related job standards of fitness and ability which
indicate that with a reasonable amount of job training a person would be capable of
satisfactorily performing an entry level position as well as jobs at a higher level which, with
a reasonable amount of training, are normally filled by progression from an entry-level
position. This applies to those persons who, at the time of application for employment are
not fully qualified for the available job but has general potential of becoming qualified
through a reasonable amount of training.
DEPARTMENT RESPONSIBILITIES
The Department (Civil Rights Office or Area Office):
A. Will monitor contractor and subcontractors for compliance with the requirements of this special
provision and will perform necessary reviews of contractors and subcontractors to ensure
compliance with the Special Provision.
D. Will assist the contractor and subcontractor with any disputes with the TERO Office or other
Tribal entity.
E. Will establish on-the-job training opportunities as specified in the On-the-Job Training Special
Provision.
F. Will provide notification to the TERO Office of the name of the successful low bidder.
G. Will provide notification to the successful low bidder regarding the TERO requirements.
H. Will invite a representative of the TERO Office to attend the preconstruction meeting and
provide a copy of the preconstruction meeting minutes to the TERO Office.
I. Will not allow a contractor or subcontractor to commence work until the contractor’s or
subcontractor’s compliance plan has been approved and the Department’s Area Office has
received a copy of the approved compliance plan or verbal or written notification of approval
by the TERO Office.
CONTRACTOR RESPONSIBILITIES
A. The contractor and subcontractor will give preference in employment opportunities under this
Agreement to qualified Indian applicants who can perform the work required regardless of
race, color, creed, age, sex, religion, national origin, disability, or tribal affiliation to the extent
set out in the paragraphs below.
B. The contractor and subcontractor will not use pre-employment standards, qualifications,
criteria, or other personnel requirements as barriers to Indian employment except when such
criteria or standards are required by business necessity. The contractor and subcontractor
have the burden of showing that such criteria or standards are required by business necessity.
SPECIAL PROVISION FOR INDIAN EMPLOYMENT AND CONTRACTING
PINE RIDGE RESERVATION
NOVEMBER 4, 2026 LETTING
PAGE 3
C. The contractor and subcontractor agree that Indians will be given preference for at least eighty
percent (80%) of the project work force provided that sufficient qualified Indian applicants are
available. The phrase “work force” will not include “core crew employees”.
D. The contractor and subcontractor are required to complete a compliance plan and submit the
compliance plan to the TERO Office at least two (2) weeks prior to beginning work. Prior to
commencing work, contractors and subcontractors must contact the Oglala Sioux Tribe TERO
Office concerning an identified core crew, project work force needs, and
(sub)contractor/TERO interface. No contractor or subcontractor will begin work until the
compliance plan has been approved by the TERO Office. The contractor and any
subcontractor must submit a copy of the approved compliance plan to the Department’s Area
Office prior to commencing work unless arrangements are made for the TERO Office to
provide the copy of the compliance plan directly to the Department’s Area Office. In lieu of a
copy of the approved compliance plan, the Department’s Area Office may seek approval
directly from the TERO Office.
E. The contractor will provide the TERO Director at least forty-eight hours’ notice to locate and
refer a qualified Indian applicant for any vacancy or new position except when circumstances
require that the position be filled within a shorter period of time. If the TERO Office is unable
to fill the vacancy, the contractor and subcontractor may recruit and hire workers from
whatever sources are available and by whatever process, provided that the contractor and
subcontractor notifies the TERO Office of any job vacancies, positions, or any negotiated
positions.
F. The contractor and subcontractor will provide for maintenance of records and be prepared to
furnish such periodic reports documenting compliance under this Special Provision as the
Department determines necessary. The contractor and subcontractor will submit the following
information on a weekly basis to the Tribal TERO Office:
1. Weekly TERO Employment Report which includes the following data (forms for the
weekly TERO Employment Report available from the TERO Office):
a) Wage and hour reports
b) New hires or terminations, and disciplinary action taken
c) Promotions
2. Copies of official payrolls.
G. The contractor and subcontractor agree that all qualified Indian employees will be adequately
trained for the position for which they are hired. The contractor and subcontractor will evaluate
and pay all Indian employees in accordance with current company policies and contract
provisions.
H. Nothing in this Special Provision will be construed to interfere with the contractor’s ability to
dismiss any employee for cause including, but not limited to, lack of adequate skills or training,
inability to perform by virtue of state or federal law, or breach of the contractor’s standards of
conduct.
SPECIAL PROVISION FOR INDIAN EMPLOYMENT AND CONTRACTING
PINE RIDGE RESERVATION
NOVEMBER 4, 2026 LETTING
PAGE 4
OTHER PROVISIONS
This Special Provision supplements but does not replace the existing equal employment
opportunity and disadvantaged business enterprise requirements, which may be included in this
Agreement.
The Tribal TERO Office will maintain a Job Skills Bank, listing available Indians by job
classification based on skill level as indicated on their TERO application. The contractor and all
subcontractors agree to utilize the Tribal TERO Office to locate qualified applicants.
The contractor is authorized to include in the bid an amount necessary to cover the four percent
(4%) employment rights fee, which is applicable to this project, based on the portion of the project
located within the boundaries of the Pine Ridge Reservation. The Department has determined
that fifty-seven and two-tenths percent (57.2%) of the project is within those boundaries; therefore
the contractor is authorized to include a TERO fee amount based on 57.2% of the total contract
dollar amount.
The contractor is authorized to include in the bid an amount necessary to cover the work permit
fee of $250.00 per employee based on the following criteria: 1) The Tribe has the right to dispute
individuals listed as a core crew employee and require the prime contractor and subcontractor to
provide evidence that the individual meets the definition of a core crew employee; 2) All approved
core crew employees are exempt from work permit fees; and 3) All TERO Certified Tribal
members are exempt from work permit fees whether considered a core crew employee or not.
Contact the Tribal TERO Office for complete details at 605-867-5167.
The Department acknowledges that the Oglala Sioux Tribe issues a business license to
contractors working on projects within the exterior boundaries of the Pine Ridge Reservation. The
license has to be renewed yearly. If project work extends beyond the one year, the contractor is
required to renew the business license each subsequent year. For further information regarding
the business license, contact the Tribal Revenue Office at 605-867-8432.
The Oglala Sioux Tribe has an Indian Preference Subcontracting goal, which has been
established at the same level as the Department’s DBE goal for this project and is concurrent with
the Department’s DBE goal. The Tribe recognizes that FHWA policy does not permit the
Department to extend Indian preference in subcontracting for this project and is satisfied the
Department and the contractor will seek qualified and DBE-certified Indian firms for this project.
The contractor will make every reasonable effort to inform certified Indian DBE firms of the
subtracting opportunities of the project and to solicit bids from such firms. Contact the Tribal TERO
Office at 605-867-5167 or the Department Civil Rights office at 605-773-3540 for assistance.
The Oglala Sioux Tribe Environmental Protection Agency (EPA) has directed that a permit fee of
one percent (1%) based on the contract amount be imposed on all prime contractors for waste
removal and disposal on the Pine Ridge Reservation. This permit fee is only applicable for the
amount of the project within the reservation boundaries and not for the full contract amount. The
contractor is authorized to include in the bid an amount necessary to cover the one percent (1%)
EPA solid waste disposal permit fee which is applicable to this project, based on the portion of
the project which is located within the boundaries of the Pine Ridge Reservation. The Department
has determined that fifty-seven and two-tenths percent (57.2%) of the project is within those
boundaries; therefore, the contractor is authorized to include a permit fee amount based on 57.2%
SPECIAL PROVISION FOR INDIAN EMPLOYMENT AND CONTRACTING
PINE RIDGE RESERVATION
NOVEMBER 4, 2026 LETTING
PAGE 5
of the total contract dollar amount. Contact the Tribal Environmental Protection Program offices
at 605-867-5736.
ENFORCEMENT
The contractor and all subcontractors are made aware that this Special Provision is made part of
the contract requirements, and that the Department of Transportation will monitor and enforce
these provisions in a manner similar to other special provisions, as outlined in Division I, General
Provisions of the Standard Specifications for Roads and Bridges.
For all highway construction contracts which occur wholly or partially within the exterior
boundaries of the Pine Ridge Reservation, and for all highway maintenance contracts where the
majority of the project is within the reservation boundaries, this Special Provision will apply to the
entire contract and not just the portion of the project located within the reservation boundaries.
For contracts which occur partially within the reservation boundaries, any TERO fee will be based
only on the portion of the project located within the reservation boundaries. For highway
maintenance contracts where the majority of the project is outside the exterior boundaries of the
Pine Ridge Reservation, this Special Provision will only apply to that portion of the project located
within the reservation boundaries. Maintenance refers to work intended to preserve a highway’s
condition or function. Maintenance includes but is not limited to crack sealing, chip sealing,
surface repairs, sign installation, pavement markings, and roadway lighting.
It is the intent of all parties that this Special Provision be implemented on a cooperative basis
without regard to jurisdictional issues. Nothing in this Agreement will prevent the Tribe, the
Department, or any contractor from instituting any litigation pertaining to any jurisdictional issue
with regard to the employment rights code or any other matter.
*************************************
1
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
ACKNOWLEDGEMENT AND CERTIFICATION REGARDING
ARTICLE 3, SECTION 12
OF THE SOUTH DAKOTA CONSTITUTION
AUGUST 24, 2023
In accordance with the State of South Dakota Office of the Governor Executive Order
2023-13, the following will apply to all contracts:
The Contractor acknowledges and certifies that the following information is correct:
CERTIFICATION OF NO STATE LEGISLATOR INTEREST:
Contractor (i) understands neither a state legislator nor a business in
which a state legislator has an ownership interest may be directly or
indirectly interested in any contract with the State that was authorized
by any law passed during the term for which that legislator was
elected, or within one year thereafter, and (ii) has read South Dakota
Constitution Article 3, Section 12 and has had the opportunity to seek
independent legal advice on the applicability of that provision to this
contract. By signing this contract, Contractor hereby certifies that this
contract is not made in violation of the South Dakota Constitution
Article 3, Section 12.
It is understood and agreed that, if this certification is false, such false certification
will constitute grounds for the Department to terminate the contract.
The Contractor further agrees to provide immediate written notice to the
Department if during the term of the contract it no longer complies with this
certification and agrees such noncompliance may be grounds for contract
termination.
* * * * *
DOT-208
(11/25)
FUEL ADJUSTMENT AFFIDAVIT
Project Number
PCN
County
For projects let using the SDEBS) and in accordance with Section 9.10, the bidder is not required to notify
the Department at the time of submitting bids whether the Contractor will or will not participate in the fuel
cost adjustment program. Prior to execution of the contract, the successful bidder must submit this completed
form to the Department for approval. The Fuel Adjustment Affidavit will include the anticipated fuel cost of
subcontractors.
Does your company elect to participate in a fuel adjustment for this contract for the fuels that do not have a
fixed price? No adjustments in fuel prices will be made if “No” is checked.
Yes No
If yes, provide the total dollars for each of the applicable fuels. No adjustments in fuel price will be made for
the fuel types that are left blank or completed with a $0.00 value.
Diesel (x) $
Unleaded (y) $
Burner Fuel (z) $ Type of Burner Fuel Used:
Sum (x + y + z) = $
Note: The sum of the x, y, and z must not exceed 15% of the original contract amount.
The following must be completed regardless of whether the Contractor elects to participate in the fuel
adjustment affidavit
Under the penalty of law for perjury or falsification, the undersigned, ,
(Printed Name)
of ,
(Title) (Contractor)
hereby certifies that the documentation is submitted in good faith, that the information provided is accurate
and complete to the best of their knowledge and belief, and that the monetary amount identified accurately
reflects the cost for fuel, and that they are duly authorized to certify the above documentation on behalf of
the company.
I hereby agree that the Department or its authorized representative will have the right to examine and copy
all Contractor records, documents, work sheets, bid sheets, and other data pertinent to the justification of the
fuel costs shown above.
Dated Signature
Notarization is required only when the Contractor elects to participate in the fuel adjustment affidavit
Subscribed and sworn before me this day of , 20 .
Notary Public My Commission Expires
□ □
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
STANDARD TITLE VI / NONDISCRIMINATION ASSURANCES
APPENDIX A & E
MARCH 1, 2016
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply
with the Acts and the Regulations relative to Non-discrimination in Federally-assisted
programs of the U.S. Department of Transportation, Federal Highway Administration, as they
may be amended from time to time, which are herein incorporated by reference and made a
part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor will not participate directly or indirectly in the discrimination prohibited by the
Acts and the Regulations, including employment practices when the contract covers any
activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In
all solicitations, either by competitive bidding, or negotiation made by the contractor for work to
be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the contractor of the
contractor's obligations under this contract and the Acts and the Regulations relative to Non-
discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by
the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined
by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance
with such Acts, Regulations, and instructions. Where any information required of a contractor
is in the exclusive possession of another who fails or refuses to furnish the information, the
contractor will so certify to the Recipient or the Federal Highway Administration, as
appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-
discrimination provisions of this contract, the Recipient will impose such contract sanctions as
it or the Federal Highway Administration may determine to be appropriate, including, but not
limited to:
a. withholding payments to the contractor under the contract until the contractor complies;
and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto.
The contractor will take action with respect to any subcontract or procurement as the Recipient
or the Federal Highway Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or
is threatened with litigation by a subcontractor, or supplier because of such direction, the
contractor may request the Recipient to enter into any litigation to protect the interests of the
Recipient. In addition, the contractor may request the United States to enter into the litigation
to protect the interests of the United States.
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or
not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English proficiency (LEP). To ensure compliance with Title
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
********
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STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION FOR
EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
FOR HIGHWAY CONSTRUCTION CONTRACTS
OCTOBER 7, 2026
1. General
a. Equal employment opportunity requirements prohibiting discrimination, imposed
pursuant to 23 U.S.C. §140, Section 22 of the Federal-Aid Highway Act of 1968,
and 23 CFR 230, apply to this contract. This Special Provision constitutes the
specific equal employment opportunity requirements for all project activities and
supplements those found in the Standard Title VI / Nondiscrimination Assurances
Appendix A & E and the FHWA 1273 Contract Provisions for Federal-aid
Construction Contracts.
b. The Contractor will work with the Department and the Federal Government in
meeting equal employment opportunity obligations and participating in reviews of
Contractor activities under the contract.
c. The Contractor and all subcontractors (excluding material suppliers) holding
subcontracts of $10,000 or more will comply with the minimum equal
employment opportunity requirements in this Special Provision. The Contractor
will include these requirements in every subcontract of $10,000 or more,
modifying language as needed to ensure they are binding on the subcontractor.
2. Equal Employment Opportunity Policy
The Contractor adopts the following operating policy to ensure equal employment
opportunity for all persons without regard to race, color, religion, sex, national origin,
age, or disability:
Company Policy Statement:
It is the policy of this company to ensure that applicants are employed, and
employees are treated during employment without regard to race, color, religion,
sex, national origin, age, or disability. This includes actions related to
employment, upgrading, demotion, transfer, recruitment, recruitment advertising,
layoff, termination, rates of pay, other compensation, and selection for training—
including apprenticeship, pre-apprenticeship, and on-the-job training.
3. Equal Employment Opportunity Officer
The Contractor will designate an Equal Employment Opportunity Officer (EEO
Officer) and provide that information to the Department. The EEO Officer must be
Page 2 of 5
capable of effectively administering and promoting an active equal employment
opportunity program and must have sufficient authority and responsibility to do so.
4. Dissemination of Policy
a. All members of the Contractor's staff who are authorized to hire, supervise,
promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will
implement, the contractor's equal employment opportunity policy and contractual
responsibilities to provide equal employment opportunity in each grade and
classification of employment. To ensure that the above agreement will be met,
the following actions will be taken as a minimum:
1) Periodic meetings of supervisory and personnel office employees will be
conducted before the start of work and then not less often than once every six
months, at which time the contractor's equal employment opportunity policy
and its implementation will be reviewed and explained. The meetings will be
conducted by the EEO Officer or other knowledgeable company official.
2) All new supervisory or personnel office employees will be given a thorough
orientation by the EEO Officer or other knowledgeable company official,
covering all major aspects of the Contractor's equal employment opportunity
obligations within thirty days following their reporting for duty with the
contractor.
3) All personnel who are engaged in direct recruitment for the project will be
instructed by the EEO Officer or appropriate company official in the
contractor's procedures for locating and hiring employees.
b. In order to make the Contractor's equal employment opportunity policy known to
all employees, prospective employees, and potential sources of employees, i.e.,
schools, employment agencies, labor unions (where appropriate), college
placement officers, etc., the Contractor will take the following actions:
1) Notices and posters setting forth the C
- Enriched
- Yes
- Pdf Pages
- 51
- Work Desc
- Signing & Delineation - Gravel Roads
- Work Type
- Work Type 11
- Addendums
- 0
- Project No
- PH 8036(05)
- Questions
- 0
- List Url Hint
- hc65bidletting/ebslettings1.aspx
- Letting Label
- November 4, 2026
- Categorized By
- llm
South Dakota Department of TransportationIssuing agency·South Dakota·via a public procurement portal