A-1
APPENDIX A TO DIVISION 100
as provided in all certifications set forth in this Appendix A - Federal Contract Provisions Supplement, including: Certification Regarding No Kickbacks to Procure Contract as pro vided on this page 1 below. Certification Regarding Non-collusion as provided on page 1 bel ow. Certification Regarding Non-segregated Facilities as provided b y FHWA Form 1273, section III set forth on page 21 below. "Certification Regarding Debarment, Suspension, Ineligibility a nd Voluntary Exclusion" as provided by FHWA Form 1273, section XI set forth on page 32 below. "Certification Regarding Use of Contract Funds for Lobbying" as provided by FHWA Form 1273, section XII set forth on page 35 below.
Unless otherwise provided below, the term “Bidder,”, for the p urposes of these certifications, includes the Bidder, its principals, and the pe rson(s) signing the Bid. Upon execution of the Contract, the Bidder (then called the Contract or) will again make all the certifications indicated in this paragraph above. CERTIFICATION REGARDING NO KICKBACKS TO PROCURE CONTRACT Excep t expressly stated by the Bidder on sheets submitted with the Bid (if any), the Bidder hereby certifies, to the best of its knowledge and belief, that it has not:
other consideration, any firm or person (other than a bona fide employee working solely for me) to solicit or secure this contract;
retain the services of any firm or person in connection with ca rrying out the contract, or; C) paid, or agreed to pay, to any firm, organization, or per son (other than a bona fide employee working solely for me) any fee, contribution, donation , or consideration of any kind for, or in connection with, pr ocuring or carrying out the contract;
By signing and submitting a Bid, the Bidder acknowledges that this certification is to be furnished to the Maine Department of Transportation and the Fed eral Highway Administration (FHWA), U.S. Department of Transportation in connection with th is contract in anticipation of federal aid highway funds and is subject to applicable state an d federal laws, both criminal and civil.
A-2 CERTIFICATION REGARDING NONCOLLUSION Under penalty of perjury as provided by federal law (28 U.S.C. §1746), the Bidder hereby certifies, to the best of its knowledge and belief, that: the Bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of competitive bidding in connection with the Contract. For related provisions, see Section 102.7.2 (C) of the Standard Specifications - "Effects of Signing and Delivery of Bids" - "Certifications", Section 3 of this Appendix A entitled "Other Federal Requirements" including section XI - "Certification Reg arding Debarment, Suspension, Ineligibility, and Voluntary Exclusion" and section XII. - "Cer tification Regarding Use of Contract Funds for Lobbying." *************************************************************** **************
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. A nyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent act ivities should use the “hotline” to report such activities. The “hotline” is part of the DOT’s continuing effort to identif y 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 c aller anonymity will be respected. *************************************************************** **************
Unless expressly otherwise provided in the Bid Documents, the provisions contained in this Section 2 of this "Federal Contract Provisions Supplement" are hereby incorporated into the Bid Documents and Contract.
not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requiremen ts of 49 CFR Part 26 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 Department deems appr opriate. The Contractor and subcontractors shall comply with Title VI of the Civil Rights A ct of 1964, as amended, and with all State of Maine and other Federal Civil Rights laws. For related provisions, see Subsection B - "Nondiscrimination a nd Affirmative Action - Executive Order 11246" of this Section 2 and Section 3 - Other Federal Requirements of this "Federal Contract Provisions Supplement" including section II - "Nondiscrimination" of the “Required Contract Provisions, F ederal Aid Construction Contrac ts”, FHWA-1273.