RD 1924-05 Invitation for Bid (Construction Contract)

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USDA-FmHA
Form RD 1924-5
(Rev. 8-93)

FORM APPROVED
OMB NO. 0575-0042

INVITATION FOR BID
(Construction Contract)

(Name of Owner)

(Place)
(Date)

(Address, Including ZIP Code)

{

SEALED BIDS, subject to the conditions contained herein, will be RECEIVED until
,

a. m.
p. m.

and then opened, for furnishing all materials and performing all work for

Plans and specifications, not exceeding two sets, may be obtained from

{
Surety bond in the amount of the contract price {

Form FmHA 400-6, ''Compliance Statement'',

will
will not

} be submitted with this bid.
will
will not } be required.

Liquidated damages for delay will be
Payments will be made as follows

Bids must be submitted on the last page of this form, and the successful bidder will be required to execute Form
RD 1924-6, ''Construction Contract'', and must comply with the ''Notice of Affirmative Action to Ensure Equal
Employment Opportunity'', required by E. 0. 11246, the ''Equal Opportunity Clause'', published at 41 CFR 60 - 1.4
(a) and (b), and the ''Standard Federal Equal Employment Opportunity Construction Contract Specifications'',
required by E. 0. 11 246, which follows:
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0575-0042. The time required to complete this
information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed and completing and reviewing the collection of information.

Position 6

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RD 1924-5 (Rev. 8-93)

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NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY (Executive Order 11246)
City

Date

DOL Region

Goals and Timetables for WOMEN (Exhibit D, FmHA Instruction 1901-E)
I

Timetable

Trade

From 4-1-78 until 3-31-79
From 4-1-79 until 3-31-80
From 4-1-80 until 3-31-81

All trades
All trades
All trades

Goal (%)
3.1
5.1
6.9

Goals and Timetables for ALL MINORITIES (Exhibit D, FmHA Instruction 1901-E)

EQUAL OPPORTUNITY CLAUSE (41 CFR 60-1.4 (a) and (b)
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or
national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not
be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the
Farmers Home Administration setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers, with which contractor has a collective bargaining
agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration, advising the said
labor union or workers' representative of the contractor's commitments under this agreement as required pursuant of Section
301 of Executive Order 11246, of September 24, 1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The contractor will comply with all provisions of such Executive Order and of all relevant rules, regulations, and orders of the
Secretary of Labor and of any prior authority which remain in effect.
(5) The Contractor will furnish all information and reports required by such Executive Order, rules, regulations, and orders, or
pursuant thereto, and will permit access to books, records, and accounts by the Farmers Home Administration and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further contracts in accordance with the procedures authorized in such Executive Order and such other
sanctions may be imposed and remedies invoked as provided in the Executive Order or by any such rules, regulations, or
orders, or as otherwise provided by law.
(7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order, unless exempted by such
rules, regulations, or orders, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action
as the Farmers Home Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of
the United States.

RD 1924-5

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STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT
SPECIFICATIONS (EX. O. 11246)
1. As used in these specifications:
a. "Covered area" means the geographical area
described in the solicitation from which this contract
resulted;
b. "Director" means Director, Office of Federal
Contract Compliance Programs, United States
Department of Labor, or any person to whom the
Director delegates authority;
c. "Employer identification number" means the
Federal Social Security number used on the Employer's
Quarterly Federal Tax Return, U.S. Treasury
Department Form 941.
d. "Minority" includes:
(i) Black (all persons having origins in any of the
Black African racial groups not of Hispanic origin);
(ii) Hispanic ( all persons of Mexican, Puerto Rican,
Cuban, Central or South American or other Spanish
Culture or origin, regardless of race);
(iii) Asian and Pacific Islander ( all persons having
origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific
Islands); and
(iv) American Indian or Alaskan Native
(all persons having origins in any of the original peoples
of North American and maintaining identifiable and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at
any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include in each
subcontract in excess of $10,000 the provisions of these
specifications and the Notice which contains the
applicable goals for minority and female participation
and which is set forth in the solicitations from which
this contract resulted.
3. If the Contractor is participating (pursuant to 41
CFR 60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either
individually or through an association, its affirmative
action obligations on all work in the Plan area
(including goals and timetables) shall be in accordance
with that Plan for those trades which have unions
participating in the Plan. Contractors must be able to
demonstrate their participation in and compliance with
the provisions of any such Hometown Plan. Each
Contractor or Subcontractor participating in an approved
Plan is individually required to comply with its
obligations under the EEO clause, and to make a good
faith effort to achieve each goal under the Plan in each
trade in which it has employees. The overall good faith
performance by other Contractors or Subcontractors
toward a goal in an approved Plan does not excuse any
covered Contractor's or Subcontractors failure to take
good faith efforts to achieve the Plan goals and
timetables.
4. The Contractor shall implement the specific
affirmative action standards provided in paragraphs 7a
through p of these specifications. The goals set forth in
the solicitation from which this contract resulted are
expressed as percentages of the total hours of
employment and training of minority and female
utilization the Contractor should reasonably be able to
achieve in each construction trade in which it has
employees in the covered area. The Contractor is
expected to make substantially uniform progress toward
its goals in each craft during the period specified.
5. Neither the provisions of any collective
bargaining agreement, nor the failure by a

union with whom the Contractor has a collective
bargaining agreement, to refer either minorities or
women shall excuse the Con-tractor's obligations under
these specifications, Executive Order 11246, or the
regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of
apprentices and trainees to be counted in meeting the
goals, such apprentices and trainees must be employed
by the Contractor during the training period, and the
Contractor must have made a commitment to employ
the apprentices and trainees at the completion of their
training, subject to the availability of employment
opportunities. Trainees must be trained pursuant to
training programs approved by the U.S. Department
of Labor.
7. The Contractor shall take specific affirmative
actions to ensure equal employment opportunity. The
evaluation of the Contractors compliance with these
specifications shall be based upon its effort to achieve
maximum results from its actions. The Contractor shall
document these efforts fully, and shall implement
affirmative action steps at least as extensive as the
following:
a. Ensure and maintain a working environment free
of harassment, intimidation, and coercion at all sites,
and in all facilities at which the Contractor's employees
are assigned to work. The Contractor, where possible,
will assign two or more women to each construction
projects. The Contractor shall specifically ensure that
all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment with specific attention to minority or female
individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority
and female recruitment sources, provide written
notification to minority and female recruitment sources
and to community organizations when the Contractor
or its unions have employment opportunities available,
and maintain a record of the organization's responses.
c. Maintain a current file of the names, addresses and
telephone numbers of each minority and female
off-the-street applicant and minority or female referral
from a union, a recruitment source of community
organization and of what action was taken- with respect
to each such individual. If such individual was sent to
the union hiring hall for referral and was not referred
back to the Contractor by the union or, if referred, not
employed by the Contractor, this shall be documented
in the file with the reason therefor, along with whatever
additional actions the Contractor may have taken.
d. Provide immediate written notification to the
Director when the union or unions with which the
Contractor has a collective bargaining agreement has
not referred to the Contractor a minority person or
woman sent by the Con tractor, or when the
Contractor has other information that the union referral
process has impeded the Contractor's efforts to meet
its obligations.
e. Develop on-the-job training opportunities and/or
participate in training programs for the area which
expressly include minorities and women, including
upgrading programs and apprenticeship and trainee
programs relevant to the Contractor's employment
needs, especially those programs funded or approved
by the Department of Labor. The Contractor shall
provide notice of these programs to the sources
complied under 7b above.

f. Disseminate the Contractor's EEO policy by
providing notice of the policy to unions and training
programs and requesting their cooperation in
assisting the Contractor in meeting its EEO obligations;
by including it in any policy manual and collective
bargaining agreement; by publicizing it in the
company newspaper, annual report, etc., by specific
review of the policy with all management personnel
and with all minority and female employees at least
once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each
location where construction work is performed.
g. Review, at least annually, the company's EEO
policy and affirmative action obligations under these
specifications with all employees having any
responsibility for hiring, assignment, layoff,
termination or other employment decisions including
specific review of these items with onsite supervisory personnel such as Superintendents,
General Foremen, etc., prior to the initiation of
construction work at any job site. A written record shall
be made and maintained identifying the time and place
of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy
externally by including it in any advertising in the
news media, specifically including minority and
female news media, and providing the Contractor's EEO policy with other Contractors and
Subcontractors with whom the Contractor does or
anticipates doing business.
i. Direct its recruitment efforts, both oral and written,
to minority, female and community organizations, to
schools with minority and female students and to
minority and recruitment and training organizations
serving the Contractor's recruitment area and
environment needs. Not later than one month prior to
the date for the acceptance of applications for
apprenticeship or other training by any recruitment
source, the Contractor shall send written notification
to the organizations such as above, describing the
openings, screening procedures, and tests to be used in
the selection process.
j. Encourage present minority and female
employees to recruit other minority persons and
women and, where reasonable, provide after school,
summer and vacation employment to minority and
female youth both on the site and in other areas of a
Contractor's work force.
k. Validate all tests and other selection
requirements where there is an obligation to
do so under 41 CFR Part 60-3.
l. Conduct, at least annually, an inventory and
evaluation at least of all minority and female
personnel for promotional opportunities and
encourage these employees to seek or prepare for,
through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other personnel
practices, do not have a discriminatory effect by
continually monitoring all personnel and employment related activities to ensure that the EEO policy
and the Contractor's obligations under these
specifications are being carried out.
n. Ensure that all facilities and company
activities are non-segregated except that separate or
single-user toilet and necessary changing facilities
shall be provided to assure privacy between the sexes.

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o. Document and maintain a record of all
solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
p. Conduct a review, at least annually, of all
supervisors' adherence to and performance under the Contractor's EEO policies
and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which assist in
fulfilling one or more of their affirmative action
obligations (7a through p). The ef- forts of a
contractor association, joint contractor-union, contractor-community, or other
similar group of which the contractor is a
member and participant, may be assert- ed as
fulfilling any one or more of its obligations under 7a through p of the Specifications provided that the contractor actively
participates in the group, makes every effort
to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures
that the concrete benefits of the program
are reflected in the Contractor's minority
and female workforce participation, makes a
good faith effort to meet its individual goals
and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however, is the Contractor's and failure of such
a group to fulfill an obligation shall not be a
defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been estab-

lished. The Contractor, however, is required
to provide equal employment opportunity
and to take affirmative action for all minority groups, both male and female, and all
women, both minority and non-minority.
Consequently, the Contractor may be in violation of the Executive Order if a particular
group is employed in a substantially disparate manner (for example, even though the
Contractor has achieved its goals for women
generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals
and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national
origin.
11. The Contractor shall not enter into
any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such
sanctions and penalties for violation of
these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended,
and its implementing regulations, by the
Office of Federal Contract Compliance Programs. Any Contractor who fails to carry
out such sanctions and penalties shall be in
violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at

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least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results
from its efforts to ensure equal employment
opportunity. If the Contractor fails to
comply with the requirements of the Executive Order, the implementing regulations, or
these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company
EEO policy is being carried out to submit
reports relating to the provisions hereof as
may be required by the Government and to
keep records. Records shall at least include
for each employee the name, address, telephone numbers, construction trade, union
affiliation, if any, employee identification
number when assigned, social security
number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates
of changes in status, hours worked per week
in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however,
to the degree that the existing records satisfy
this requirement, contractors shall not be
required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application
of other laws which establish different standards of compliance or upon the application
of requirements for the hiring of local or
other area residents (e.g., those under the
Public Works Employment Act of 1977 and
the Community Development Block Grant
Program).

The right is reserved, as the interest of the owner may require, to reject any and all bids, to waive any
informality in bids received, and to accept or reject any item of any bid unless such bid is qualified by specific
limitation.
Envelopes containing bids must be sealed, marked, and addressed as follows:

Bid for

To be opened
(Address, Including ZIP Code)

(Address, Including ZIP Code)

RD 1924-5

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BID
(PROPOSAL)

(Name of owner)

(Address, Including ZIP Code)

In compliance with your invitation for bids dated
hereby proposes to furnish the material and perform-in a workmanlike manner all the work for:

, the undersigned

in strict accordance with the plans and specifications for the consideration as follows:
Item

Price

$

and agrees, upon the acceptance of this bid within
days after the date of opening of the
bids, to execute Form FmHA 1924-6, ''Construction Contract'', in accordance with the bid as accepted, and will give a
Performance and Payment Bond when required, with good and sufficient surety or sureties, within 10 days after the contract
has been presented for signature.
The Bidder further agrees that if awarded the contract to commence the work within

calendar days

after the execution of the contract and will complete the work within
calendar days.

By
(Signature)
(Business address, including ZIP Code)

RD 1924-5

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