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Local Assistance Procedures Manual V~ EXHIBIT 12-E <br />PS&E Checklist Instructions Attachment A <br />ATTACHMENT A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AH) CONSTRUCTION <br />PROJECTS <br />GENERAL.—The work herein proposed will be financed in <br />whole or in part with Federal funds, and therefore all of the <br />statutes, roles and regulations promulgated by the Federal Gov- <br />emment and applicable to work financed in whole or in part with <br />Federal fiords will apply to such work. The 'Required Contract <br />Provisions, Federal -Aid Construction Contracts, "Form FHWA <br />1273, are included in this Section 14. Whenever in said required <br />contract provisions references are made to "SHA contracting <br />officer," "SHA resident engineer," or "authorized representative of <br />the SHA," such references shall be construed to mean "Engineer" <br />as defined in Section 1-1.18 of the Standard Specifications. <br />PERFORMANCE OF PREVIOUS CONTRACT.—In ad- <br />dition to the provisions in Section II, "Nondiscrimination," and <br />Section VII, "Subletting or Assigning the Contract," of the re- <br />quired contract provisions, the Contractor shall comply with the <br />following: <br />The bidder shall execute the CERTIFICATION WITH RE- <br />GARD TO THE PERFORMANCE OF PREVIOUS CON- <br />TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL <br />OPPORTUNITY CLAUSE AND THE FILING OF <br />REQUIRED REPORTS located in the proposal. No request for <br />subletting or assigning any portion of the contract in excess of <br />$10,000 will be considered under the provisions of Section VII <br />of the required contract provisions unless such request is <br />accompanied by the CERTIFICATION referred to above, <br />executed by the proposed subcontractor. <br />NON -COLLUSION PROVISION.—The provisions in this <br />section are applicable to all contracts except contracts for Federal <br />Aid Secondary projects. <br />Title 23, United States Code, Section 112, requires as a condi- <br />tion precedent to approval by the Federal Highway Administrator <br />of the contract for this work that each bidder file a sworn statement <br />executed by, or on behalf of, the person, fine, association, or <br />corporation to whom such contract is to be awarded, certifying that <br />such person, firm, association, or corporation has not, either <br />directly or indirectly, entered into any agreement, participated in <br />any collusion, or otherwise taken any action in restraint of free <br />competitive biddingin connection with the submitted bid. A form <br />to make the non -collusion affidavit statement required by Section <br />112 as a certification under penalty of perjury rather than as a <br />sworn statement as permitted by 28, USC, Sec. 1746, is included <br />in the proposal. <br />PARTICIPATION BY DISADVANTAGED BUSINESS EN- <br />TERPRISES IN SUBCONTRACTING.—Part 26, Title 49, <br />Code of Federal Regulations applies to this Federal -aid project. <br />Pertinent sections of said Code are incorporated in part or in its <br />entirety within other sections of these special provisions. <br />Schedule B—Information for Determining Joint Venture Eli- <br />gibility <br />FR -1 <br />(This form need not be filled in if all joint venture firms are <br />DBE owned.) <br />1. Name ofjoint venture <br />2. Address ofjoint venture <br />3. Phone number ofjoint venture <br />4. Identify the frets which comprise the joint venture. (The <br />DBE partner must complete Schedule A.) <br />a. Describe the role of the DBE firm in the joint venture. <br />b. Describe very briefly the experience and business <br />qualifications of each non -DBE joint venturer: <br />5. Nature of the joint venture's business <br />6. Provide a copy of the joint venture agreement. <br />7. What is the claimed percentage of DBE ownership? <br />8. Ownership ofjoint venture: (This need not be filled in if <br />described in the joint venture agreement, provided by question <br />6.). <br />Revised 3-95 <br />0&M-95 <br />Page 12-9 <br />OR 12-04 June 29, 2012 <br />