- Pcn
- 0A9V
- Area
- Watertown
- Item No
- 9
- 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
9
DEPARTMENT OF TRANSPORTATION
NOTICE TO CONTRACTORS,
PROPOSAL, SPECIAL PROVISIONS,
CONTRACT AND CONTRACT BOND
FOR
INTERCHANGE LIGHTING
FEDERAL PROJECT NO. IM 0295(50)132
(PCN 0A9V)
INTERSTATE HIGHWAY 29
IN BROOKINGS COUNTYOctober 7, 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: IM 0295(50)132 Revised 10/8/25
PCN 0A9V
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 October 7, 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: JUNE 18, 2027
The project category is Category I
The project type is Structural
The geographic zone is Zone 6
THE DBE GOAL FOR THIS PROJECT IS: N/A
WORK TYPE FOR THIS PROJECT IS: WORK TYPE 10
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.
Matt Brey
5000 9th Avenue SE PO Box 1446
Watertown, SD 57201
Phone: 605/882-5166
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): IM 0295(50)132 PCN: 0A9V
TYPE OF WORK: INTERCHANGE LIGHTING
COUNTY: BROOKINGS
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.
Scott Kwasniewski is the official in charge of the Brookings Career Center for Brookings County.
THE FOLLOWING ITEMS ARE INCLUDED IN THIS PROPOSAL FORM:
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.
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).
********
Page 1 of 5
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 Contractor's equal employment
opportunity policy and identifying the Company EEO Officer or Project EEO
Representative will be placed in areas readily accessible to employees,
applicants for employment and potential employees at the home office and
project site (EEO #7 Poster).
2) The Contractor's equal employment opportunity policy and the procedures to
implement such policy will be brought to the attention of employees by means
of meetings, employee handbooks, or other appropriate means.
Page 3 of 5
5. Recruitment
a. Advertising
All employment advertisements will include the phrase “An Equal Opportunity
Employer” and must be published in media with broad circulation in the project’s
recruitment area.
b. Direct Recruitment
Unless precluded by a valid bargaining agreement, the Contractor will conduct
systematic and direct recruitment through sources likely to yield qualified
applicants, including state employment agencies, schools, colleges, and
community organizations. The EEO Officer will identify referral sources and
establish procedures for referring applicants to the Contractor.
Where exclusive hiring or bargaining agreements exist, the Contractor will follow
their provisions to the extent they permit compliance with equal employment
opportunity requirements.
c. Employee Referrals
The Contractor will encourage current employees to refer applicants by posting
notices and discussing referral procedures with employees.
6. Personnel Actions
All personnel actions—including wages, working conditions, benefits, hiring,
upgrading, promotion, transfer, demotion, layoff, and termination—must be
conducted without regard to race, color, religion, sex, national origin, age, or
disability. The Contractor will:
a. Conduct periodic inspections of project sites to ensure working conditions and
facilities do not indicate discriminatory treatment.
b. Periodically evaluate wage spreads within each classification to detect potential
discriminatory practices.
c. Review selected personnel actions to determine whether discriminatory patterns
exist and promptly correct any identified issues.
d. Investigate all complaints of alleged discrimination, resolve them when possible,
take appropriate corrective action within a reasonable time, and upon completion
of each investigation, notify complainants of all available avenues of appeal.
7. Training and Promotion
a. Assist in locating, qualifying, and improving the skills of current employees and
applicants.
Page 4 of 5
b. Utilize training programs—such as apprenticeship and on-the-job training—as
permitted under Federal and State regulations. Where feasible, 25% of
apprentices or trainees in each occupation will be in their first year of
apprenticeship or training. (If a Training Special Provision applies, it supersedes
this subparagraph.)
c. Inform employees and applicants of available training programs and entrance
requirements.
d. Periodically review employees’ training and promotion potential and encourage
eligible employees to apply.
8. Unions
If unions are used as a source of employees, the Contractor will make best efforts to
secure their cooperation in supporting equal employment opportunity. Contractor’s
actions will include:
a. Working with unions to develop joint training programs that expand opportunities
for employees.
b. Incorporate an equal employment opportunity clause into each union agreement
to the end that such union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age, or disability.
c. Obtaining information about union referral practices and policies. Contractor will
certify to the Department its efforts made to acquire the information where the
union refuses to provide such information.
d. Using independent recruitment efforts to fill vacancies if union referrals are
insufficient and notifying the Department if union practices impede compliance.
9. Subcontracting
a. The Contractor will make best efforts to solicit bids from and utilize
Disadvantaged Business Enterprise (DBE) subcontractors. All certified DBEs are
listed in the State’s DBE Directory.
b. The Contractor will ensure that all subcontractors comply with equal employment
opportunity requirements.
c. The Contractor will insert this Special Provision, the Contract Provisions for
Federal-aid Construction Contracts (FHWA 1273)and the Special Provision for
Contract Provisions for Federal-aid Construction Contracts FHWA 1273 in all
subcontracts.
Page 5 of 5
10. Records and Reports
a. Required Records
The Contractor will maintain records necessary to determine compliance with
equal employment opportunity requirements. The records kept by the Contractor
will be designed to indicate:
1) Number of employees in each work classification, identified by minority status
and sex.
2) Efforts made in cooperation with unions to improve employment opportunities
(for Contractors relying on unions).
3) Progress and efforts made to locate, hire, train, qualify, and upgrade
employees.
4) Progress and efforts made to secure DBE subcontractors.
b. Retention
Records must be retained for three years after project completion and be
available at reasonable times and places for inspection by the Department and
the Federal Highway Administration.
c. Annual Report
Each July, the Contractor will submit a consolidated Form PR-1391 to the
Department reporting the number of minority, women, and non-minority
employees in each work classification engaged on all projects worked during the
reporting period.
* * * * *
Page 1 of 2
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION FOR
CONTRACT PROVISIONS FOR
FEDERAL-AID CONSTRUCTION CONTRACTS
FHWA 1273 (JUNE 25, 2026)
OCTOBER 7, 2026
This Special Provision must be physically incorporated in each construction contract. The
Contractor (or subcontractor) must insert this Special Provision in each subcontract and further
require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements,
and other agreements for supplies or services).
The following are amendments to the Contract Provisions for Federal-aid Construction Contract
FHWA 1273.
Section I.1.
Delete the first paragraph of this section and replace it with the following:
Form FHWA-1273 must be physically incorporated in each construction contract. The contractor
(or subcontractor) must insert this form in each subcontract and further require its inclusion in all
lower tier subcontracts (excluding purchase orders, rental agreements, and other agreements for
supplies or services).
Section I.4.
Delete this section and replace with the following:
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 Federal-aid construction project unless it is labor
performed by convicts who are on parole, supervised release, or probation.
Section III.
Delete the first three sentences of the first paragraph and replace with the following:
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). The
requirements apply to all projects located within the right-of-way of a roadway and to all portions
of Transportation Alternatives Program (TAP) funded projects.
Page 2 of 2
Section III.3.b.(1)
Delete this section and replace with the following:
The Contractor and each related subcontractor must submit weekly, for each week in which any
contract work is performed, an electronic certified weekly payroll report. The Contractor is
responsible for the submission of certified payroll reports by all subcontractors. The payroll report
must be submitted electronically to the Elation System website. The Contractor must submit a
legally valid electronic signature. The Elation System website can be accessed by logging onto
the State of South Dakota’s single sign-on website at https://mysd.sd.gov/ or can also be
accessed at https://elationsys.com/. First time users will need to use the Promotion Code SDDOT-
19. The payroll report must be submitted within fourteen (14) calendar days after the end of the
workweek.
Section III.3.b.(2)
Delete the third sentence.
Section III.3.b.(3)
Delete the first paragraph and replace with the following:
Each certified weekly payroll report must include the most recent South Dakota Department of
Transportation (SDDOT) Statement of Compliance Form, signed by the Contractor or related
subcontractor or his or her agent who pays or supervises the payment of the persons employed
under the contract. The Instructions for the SDDOT Statement of Compliance Form are found at
https://dot.sd.gov/doing-business/contractors/labor-compliance/certified-payrolls-let-after-6/5/19.
The SDDOT will not accept any payroll report which does not include the most recent SDDOT
Statement of Compliance Form. The SDDOT Statement of Compliance Form must certify the
following:
Section III.3.b.(4)
Delete this paragraph and replace with the following:
The weekly submission of a properly executed SDDOT Statement of Compliance Form shall
satisfy the requirement for submission of the “Statement of Compliance Form” required by
paragraph 3.b.(3) of this section.
Section III.4.a.(1)
Delete the first sentence and replace with the following:
Apprentices will be permitted to work at less than the predetermined rate for the work they
perform, but not less than the Common Laborer wage rate contained in the bid documents, when
they are employed pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA.
* * * * *
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
- Enriched
- Yes
- Pdf Pages
- 45
- Work Desc
- Interchange Lighting
- Work Type
- Work Type 10
- Addendums
- 0
- Project No
- IM 0295(50)132
- Questions
- 0
- List Url Hint
- hc65bidletting/ebslettings1.aspx
- Letting Label
- October 7, 2026
- Categorized By
- llm
