**Instructions to Bidders**

##### TABLE OF ARTICLES

Page

Article 1 - Defined Terms 1

Article 2 - Copies of Bidding Documents 1

Article 3 - Qualifications of Bidders 2

Article 4 - Examination of Bidding Documents, Other Related Data, and
Site 2

Article 5 - Pre-Bid Conference 4

Article 6 - Site and Other Areas 4

Article 7 - Interpretations and Addenda 4

Article 8 - Bid Security 4

Article 9 - Contract Times 5

Article 10 - Liquidated Damages 5

Article 11 - Substitute and "Or-Equal" Items 5

Article 12 - Subcontractors, Suppliers, and Others 5

Article 13 - Preparation of Bid 6

Article 14 - Basis of Bid; Comparison of Bids 7

Article 15 - Submittal of Bid 7

Article 16 - Modification and Withdrawal of Bid 8

Article 17 - Opening of Bids 8

Article 18 - Bids to Remain Subject to Acceptance 8

Article 19 - Evaluation of Bids and Award of Contract 8

Article 20 - Contract Security and Insurance 9

Article 21 - Signing of Agreement 9

*{Article 22 - Sales and Use Taxes 9*

*Article 23 - Contracts to be Assigned 9}*

**ARTICLE 1 - DEFINED TERMS**

1.01 Terms used in these Instructions to Bidders will have the meanings
indicated in the General Conditions and Supplementary Conditions.
Additional terms used in these Instructions to Bidders have the meanings
indicated below:

> A. Issuing Office\--The office from which the Bidding Documents are to
> be issued and where the bidding procedures are to be administered.

**ARTICLE 2 - COPIES OF BIDDING DOCUMENTS**

2.01 Complete sets of the Bidding Documents in the number and for the
deposit sum, if any, stated in the Advertisement for Bids may be
obtained from the Issuing Office. The deposit will be refunded to each
document holder of record who returns a complete set of Bidding
Documents in good condition within 30 days after opening of Bids.

2.02 Complete sets of Bidding Documents must be used in preparing Bids;
neither Owner nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.

2.03 Owner and Engineer in making copies of Bidding Documents available
on the above terms do so only for the purpose of obtaining Bids for the
Work and do not confer a license or grant for any other use.

**ARTICLE 3 - QUALIFICATIONS OF BIDDERS**

3.01 To demonstrate Bidder's qualifications to perform the Work, within
five days of Owner's request, Bidder shall submit written evidence such
as financial data, previous experience, present commitments, and such
other data as may be called for below.

> *{A. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_}*
>
> *{B. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_}*
>
> *{If a bidder's qualification form is to be completed and submitted by
> bidders, it should be listed here and included in the Project Manual.
> AGC Document No. 220, "Construction Contractor's Qualification
> Statement for Engineered Construction," may be used.}*

**ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND
SITE**

4.01 Subsurface and Physical Conditions

> A. The Supplementary Conditions identify:
>
> 1\. Those reports of explorations and tests of subsurface conditions
> at or contiguous to the Site that Engineer has used in preparing the
> Bidding Documents.
>
> 2\. Those drawings of physical conditions in or relating to existing
> surface and subsurface structures at or contiguous to the Site (except
> Underground Facilities) that Engineer has used in preparing the
> Bidding Documents.
>
> B. Copies of reports and drawings referenced in paragraph 4.01.A will
> be made available by Owner to any Bidder on request. Those reports and
> drawings are not part of the Contract Documents, but the "technical
> data" contained therein upon which Bidder is entitled to rely as
> provided in paragraph 4.02 of the General Conditions has been
> identified and established in paragraph 4.02 of the Supplementary
> Conditions. Bidder is responsible for any interpretation or conclusion
> Bidder draws from any "technical data" or any other data,
> interpretations, opinions, or information contained in such reports or
> shown or indicated in such drawings.

4.02 Underground Facilities

> A. Information and data shown or indicated in the Bidding Documents
> with respect to existing Underground Facilities at or contiguous to
> the Site is based upon information and data furnished to Owner and
> Engineer by owners of such Underground Facilities, including Owner, or
> others.

4.03 Hazardous Environmental Condition

> A. The Supplementary Conditions identify those reports and drawings
> relating to a Hazardous Environmental Condition identified at the
> Site, if any, that ENGINEER has used in preparing the Bidding
> Documents.
>
> B. Copies of reports and drawings referenced in paragraph 4.03.A will
> be made available by Owner to any Bidder on request. Those reports and
> drawings are not part of the Contract Documents, but the "technical
> data" contained therein upon which Bidder is entitled to rely as
> provided in paragraph 4.06 of the General Conditions has been
> identified and established in paragraph 4.06 of the Supplementary
> Conditions. Bidder is responsible for any interpretation or conclusion
> Bidder draws from any "technical data" or any other data,
> interpretations, opinions, or information contained in such reports or
> shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data
furnished to prospective Bidders with respect to subsurface conditions,
other physical conditions and Underground Facilities, and possible
changes in the Bidding Documents due to differing or unanticipated
conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General
Conditions. Provisions concerning responsibilities for the adequacy of
data furnished to prospective Bidders with respect to a Hazardous
Environmental Condition at the Site, if any, and possible changes in the
Contract Documents due to any Hazardous Environmental Condition
uncovered or revealed at the Site which was not shown or indicated in
the Drawings or Specifications or identified in the Contract Documents
to be within the scope of the Work appear in paragraph 4.06 of the
General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct
such examinations, investigations, explorations, tests, and studies as
Bidder deems necessary for submission of a Bid. Bidder shall fill all
holes and clean up and restore the Site to its former condition upon
completion of such explorations, investigations, tests, and studies.
Bidder shall comply with all applicable Laws and Regulations relative to
excavation and utility locates.

4.06 Reference is made to Article 7 of the Supplementary Conditions for
the identification of the general nature of other work that is to be
performed at the Site by Owner or others (such as utilities and other
prime contractors) that relates to the Work contemplated by these
Bidding Documents. On request, Owner will provide to each Bidder for
examination access to or copies of Contract Documents (other than
portions thereof related to price) for such other work.

4.07 It is responsibility of each Bidder before submitting a Bid to:

> A. Examine and carefully study the Bidding Documents, the other
> related data identified in the Bidding Documents, and any Addenda;
>
> B. Visit the Site and become familiar with and satisfy Bidder as to
> the general, local, and Site conditions that may affect cost,
> progress, and performance of the Work;
>
> C. Become familiar with and satisfy Bidder as to all Federal, State,
> and local Laws and Regulations that may affect cost, progress, or
> performance of the Work;
>
> D. Carefully study all: (1) reports of explorations and tests of
> subsurface conditions at or contiguous to the Site and all drawings of
> physical conditions in or relating to existing surface or subsurface
> structures at or contiguous to the Site (except Underground
> Facilities) which have been identified in the Supplementary Conditions
> as provided in paragraph 4.02 of the General Conditions, and (2)
> reports and drawings of Hazardous Environmental Conditions at the Site
> which have been identified in the Supplementary Conditions as provided
> in paragraph 4.06 of the General Conditions;
>
> E. Obtain and carefully study (or accept consequences for not doing
> so) all additional or supplementary examinations, investigations,
> explorations, tests, studies, and data concerning conditions (surface,
> subsurface, and Underground Facilities) at or contiguous to the Site
> which may affect cost, progress, or performance of the Work or which
> relate to any aspect of the means, methods, techniques, sequences, and
> procedures of construction to be employed by Bidder, including
> applying any specific means, methods, techniques, sequences, and
> procedures of construction expressly required by the Bidding
> Documents, and safety precautions and programs incident thereto;
>
> F. Agree at the time of submitting its Bid that no further
> examinations, investigations, explorations, tests, studies, or data
> are necessary for the determination of its Bid for performance of the
> Work at the price(s) bid and within the times and in accordance with
> the other terms and conditions of the Bidding Documents;
>
> G. Become aware of the general nature of the work to be performed by
> Owner and others at the Site that relates to the Work as indicated in
> the Bidding Documents;
>
> H. Correlate the information known to Bidder, information and
> observations obtained from visits to the Site, reports and drawings
> identified in the Bidding Documents, and all additional examinations,
> investigations, explorations, tests, studies, and data with the
> Bidding Documents;
>
> I. Promptly give Engineer written notice of all conflicts, errors,
> ambiguities, or discrepancies that Bidder discovers in the Bidding
> Documents and confirm that the written resolution thereof by Engineer
> is acceptable to Bidder; and
>
> J. Determine that the Bidding Documents are generally sufficient to
> indicate and convey understanding of all terms and conditions for the
> performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement
of this Article 4, that without exception the Bid is premised upon
performing and furnishing the Work required by the Bidding Documents and
applying any specific means, methods, techniques, sequences, and
procedures of construction that may be shown or indicated or expressly
required by the Bidding Documents, that Bidder has given Engineer
written notice of all conflicts, errors, ambiguities, and discrepancies
that Bidder has discovered in Bidding Documents and the written
resolutions thereof by Engineer are acceptable to Bidder, and that the
Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing
the Work.

**ARTICLE 5 - PRE-BID CONFERENCE**

5.01 A pre-Bid conference will be held at *{\_\_\_\_\_\_\_} {a.m.}{p.m.}
on {\_\_\_\_\_\_\_\_} at {\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_}*.
Representatives of Owner and Engineer will be present to discuss the
Project. Bidders are encouraged to attend and participate in the
conference. Engineer will transmit to all prospective Bidders of record
such Addenda as Engineer considers necessary in response to questions
arising at the conference. Oral statements may not be relied upon and
will not be binding or legally effective.

**ARTICLE 6 - SITE AND OTHER AREAS**

6.01 The Site is identified in the Bidding Documents. Easement for
permanent structures or permanent changes in existing facilities are to
be obtained and paid for by Owner unless otherwise provided in the
Bidding Documents. All additional lands and access thereto required for
temporary construction facilities, construction equipment, or storage of
materials and equipment to be incorporated in the Work are to be
obtained and paid for by Contractor.

**ARTICLE 7 - INTERPRETATIONS AND ADDENDA**

7.01 All questions about the meaning or intent of the Bidding Documents
are to be submitted to Engineer in writing. Interpretations or
clarifications considered necessary by Engineer in response to such
questions will be issued by Addenda mailed or delivered to all parties
recorded by Engineer as having received the Bidding Documents. Questions
received less than five days prior to the date for opening of Bids may
not be answered. Only questions answered by Addenda will be binding.
Oral and other interpretations or clarifications will be without legal
effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding
Documents as deemed advisable by Owner or Engineer.

**ARTICLE 8 - BID SECURITY**

8.01 A Bid must be accompanied by Bid security made payable to Owner in
an amount of 5 % of Bidder's maximum Bid price and in the form of a
certified check or a Bid bond (EJCDC No. C-430, 2002 Edition) issued by
a surety meeting the requirements of paragraphs 5.01 and 5.02 of the
General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until
such Bidder has executed the Contract Documents, furnished the required
contract security and met the other conditions of the Notice of Award,
whereupon the Bid security will be returned. If the Successful Bidder
fails to execute and deliver the Contract Documents and furnish the
required contract security within 15 days after the Notice of Award,
Owner may annul the Notice of Award and the Bid security of that Bidder
will be forfeited. The Bid security of other Bidders whom Owner believes
to have a reasonable chance of receiving the award may be retained by
Owner until the earlier of seven days after the Effective Date of the
Agreement or 61 days after the Bid opening, whereupon Bid security
furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom OWNER believes do not have a
reasonable chance of receiving the award will be returned within seven
days after the Bid opening.

**ARTICLE 9 - CONTRACT TIMES**

9.01 The number of days within which, or the dates by which, the Work is
to be substantially completed and ready for final payment are set forth
in the Agreement.

**ARTICLE 10 -LIQUIDATED DAMAGES**

10.01 Provisions for liquidated damages are set forth in the Agreement.

**ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS**

11.01 The Contract, if awarded, will be on the basis of materials and
equipment specified or described in the Bidding Documents, or "or-equal"
materials and equipment as defined in paragraph 6.05 of the General
Conditions, or those substitute materials and equipment approved by the
Engineer and identified by Addendum. The materials and equipment
described in the Bidding Documents establish a standard of required
type, function and quality to be met by any proposed substitute or
"or-equal" item. Request for Engineer's clarification of materials and
equipment considered "or-equal" prior to the Effective Date of the
Agreement must be received by the Engineer at least 5 days prior to the
date for receipt of Bids. No item of material or equipment will be
considered by Engineer as a substitute unless written request for
approval has been submitted by Bidder and has been received by Engineer
at least 15 days prior to the date for receipt of Bids. Each request
shall conform to the requirements of paragraph 6.05 of the General
Conditions. The burden of proof of the merit of the proposed item is
upon the Bidder. Engineer's decision of approval or disapproval of a
proposed item will be final. If Engineer approves any proposed
substitute item, such approval will be set forth in an Addendum issued
to all prospective Bidders. Bidders shall not rely upon approvals made
in any other manner.

**ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS**

12.01 If the Supplementary Conditions require the identity of certain
Subcontractors, Suppliers, individuals, or entities to be submitted to
Owner in advance of a specified date prior to the Effective Date of the
Agreement, the apparent Successful Bidder, and any other Bidder so
requested, shall within five days after Bid opening, submit to Owner a
list of all such Subcontractors, Suppliers, individuals, or entities
proposed for those portions of the Work for which such identification is
required. Such list shall be accompanied by an experience statement with
pertinent information regarding similar projects and other evidence of
qualification for each such Subcontractor, Supplier, individual, or
entity if requested by Owner. If Owner or Engineer, after due
investigation, has reasonable objection to any proposed Subcontractor,
Supplier, individual, or entity, Owner may, before the Notice of Award
is given, request apparent Successful Bidder to submit a substitute,
without an increase in the Bid.

12.02 If apparent Successful Bidder declines to make any such
substitution, Owner may award the Contract to the next lowest
responsible Bidder that proposes to use acceptable Subcontractors,
Suppliers, individuals, or entities. Declining to make requested
substitutions will not constitute grounds for forfeiture of the Bid
security of any Bidder. Any Subcontractor, Supplier, individual, or
entity so listed and against which Owner and Engineer makes no written
objection prior to the giving of the Notice of Award will be deemed
acceptable to Owner and Engineer subject to revocation of such
acceptance after the Effective Date of the Agreement as provided in
paragraph 6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor,
Supplier, individual, or entity against whom Contractor has reasonable
objection.

12.04 The Contractor shall not award work to Subcontractor(s) in excess
of the limits stated in SC 6.06.

**ARTICLE 13 - PREPARATION OF BID**

13.01 The Bid form is included with the Bidding Documents. Additional
copies may be obtained from Engineer.

13.02 All blanks on the Bid form shall be completed by printing in ink
or by typewriter and the Bid signed in ink. Erasures or alterations
shall be initialed in ink by the person signing the Bid From. A Bid
price shall be indicated for each *{section, Bid item, alternative,
adjustment unit price item, and unit price item}* listed therein, or the
words "No Bid," "No Change," or "Not Applicable" entered.

13.03 A Bid by a corporation shall be executed in the corporate name by
the president or a vice-president or other corporate officer accompanied
by evidence of authority to sign. If required by State where work is to
be performed, the corporate seal shall be affixed and attested by the
secretary or an assistant secretary. The corporation business address
and state of incorporation shall be provided on the Bid Form.

13.04 A Bid by a partnership shall be executed in the partnership name
and signed by a partner (whose title must appear under the signature),
accompanied by evidence of authority to sign. The business address of
the partnership shall be provided on the Bid Form.

13.05 A Bid by a limited liability company shall be executed in the name
of the firm by a member and accompanied by evidence of authority to
sign. The state of formation of the firm and the business address of the
firm must be provided on the Bid Form.

13.06 A Bid by an individual shall show the Bidder's name and business
address.

13.07 A Bid by a joint venture shall be executed by each joint venturer
in the manner indicated on the Bid form. The business address of the
joint venture must be provided on the Bid Form.

13.08 All names shall be typed or printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda,
the numbers and dates of which shall be filled in on the Bid form.

13.10 The address and telephone number for communication regarding the
Bid shall be shown.

11. The Bid shall contain evidence of Bidder's authority and
    qualification to do business in the state where the Project is
    located or covenant to obtain such qualification prior to award of
    the Contract. Bidder's state contractor license number for the state
    of the Project, if any, shall also be shown on the Bid Form.

**ARTICLE 14 - BASIS OF BID; COMPARSION OF BIDS**

{Owner and Engineer must choose the applicable items under this article
and delete the remaining paragraphs}

14.01 Lump Sum

> A. Bidders shall submit a Bid on lump sum basis as set forth in the
> Bid Form.
>
> *{or}*
>
> A. Bidders shall submit a Bid on a lump sum basis for the Bid and
> include a separate price for each alternate described in the Bidding
> Documents as provided for in the Bid Form. The price for each
> alternate will be the amount added to the Bid if OWNER selects the
> alternate. In the comparison of Bids, alternates will be applied in
> the same order as listed in the Bid Form.

*{or}*

14.01 Unit Price

> A. Bidders shall submit a Bid on a unit price basis for each item of
> Work listed in the Bid schedule.
>
> B. The total of all bid prices will be the sum of the products of the
> estimated quantity of each item and the corresponding unit price. The
> final quantities and Contract Price will be determined in accordance
> with paragraph 11.03 of the General Conditions.
>
> C. Discrepancies between the multiplication of units of Work and unit
> prices will be resolved in favor of the unit prices. Discrepancies
> between the indicated sum of any column of figures and the correct sum
> thereof will be resolved in favor of the correct sum. Discrepancies
> between words and figures will be resolved in favor of the words.

**ARTICLE 15 - SUBMITTAL OF BID**

15.01 With each copy of the Bidding Documents, a Bidder is furnished one
separate unbound copy of the Bid Form, and the Bid bond form. The
unbound copy of the Bid Form is to be completed and submitted with all
the attachments outlined in Article 7 of the Bid Form.

15.02 A Bid shall be submitted no later than the date and time
prescribed and at the place indicated in the Advertisement for Bids and
shall be enclosed in an opaque sealed envelope plainly marked with the
Project title (and, if applicable, the designated portion of the Project
for which the Bid is submitted), the name and address of Bidder, and
shall be accompanied by the Bid security and other required documents.
If a Bid is sent by mail or other delivery system, the sealed envelope
containing the Bid shall be enclosed in a separate envelope plainly
marked on the outside with the notation "BID ENCLOSED." When using the
mail or other delivery system, the Bidder is totally responsible for the
mail or other delivery system delivering the Bid at the place and prior
to the time indicated in the Advertisement for Bid. A mailed Bid shall
be addressed to Owner at address in Article 1.01 of Bid Form.

**ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID**

16.01 A Bid may be modified or withdrawn by an appropriate document duly
executed in the manner that a Bid must be executed and delivered to the
place where Bids are to be submitted prior to the date and time for the
opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly
signed written notice with Owner and promptly thereafter demonstrates to
the reasonable satisfaction of Owner that there was a material and
substantial mistake in the preparation of its Bid, that Bidder may
withdraw its Bid, and the Bid security will be returned. Thereafter, if
the Work is rebid or negotiated, that Bidder will be disqualified from
further bidding on the Work. This provision to withdraw a Bid without
forfeiting the Bid security does not apply to Bidder's errors in
judgment in preparing the Bid.

**ARTICLE 17 - OPENING OF BIDS**

17.01 Bids will be opened at the time and place indicated in the
Advertisement for Bids and, unless obviously non-responsive, read aloud
publicly. An abstract of the amounts of the Bids and major alternates,
if any, will be made available to Bidders after the opening of Bids.

**ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE**

18.01 All Bids will remain subject to acceptance for the period of time
stated in the Bid Form.

**ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT**

19.01 Owner reserves the right to reject any or all Bids, including
without limitation, nonconforming, nonresponsive, unbalanced, or
conditional Bids. Owner further reserves the right to reject the Bid of
any Bidder whom it finds, after reasonable inquiry and evaluation, to be
non-responsible. Owner also reserves the right to waive all
informalities not involving price, time, or changes in the Work and to
negotiate contract terms with the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity
under the same or different names will not be considered. Reasonable
grounds for believing that any Bidder has an interest in more than one
Bid for the Work may be cause for disqualification of that Bidder and
the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids
comply with the prescribed requirements, and such alternates, unit
prices and other data, as may be requested in the Bid Form or prior to
the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of
Bidders and may consider the qualifications and experience of
Subcontractors, Suppliers, and other individuals or entities proposed
for those portions of the Work for which the identity of Subcontractors,
Suppliers, and other individuals or entities must be submitted as
provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to
establish the responsibility, qualifications, and financial ability of
Bidders, proposed Subcontractors, Suppliers, individuals, or entities to
perform the Work in accordance with the contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to
the responsible Bidder whose Bid, conforming with all the material terms
and conditions of the Instructions to Bidders, is lowest, price and
other factors considered.

**ARTICLE 20 - CONTRACT SECURITY AND INSURANCE**

20.01 Article 5 of the General Conditions, as may be modified by the
Supplementary Conditions, sets forth Owner's requirements as to
performance and payment bonds and insurance. When the Successful Bidder
delivers the executed Agreement to Owner, it must be accompanied by such
bonds.

**ARTICLE 21 - SIGNING OF AGREEMENT**

21.01 When Owner gives a Notice of Award to the Successful Bidder, it
shall be accompanied by the required number of unsigned counterparts of
the Agreement with the other Contract Documents which are identified in
the Agreement as attached thereto. Within 15 days thereafter, Successful
Bidder shall sign and deliver the required number of counterparts of the
Agreement and attached documents to Owner. Within ten days thereafter,
Owner shall deliver one fully signed counterpart to Successful Bidder
with a complete set of the Drawings with appropriate identification.

21.02 This Contract is expected to be funded in part with funds provided
by the United States Department of Agriculture, Rural Utilities Service
(RUS). Refer to Article 18 of the General Conditions for information on
the Federal Requirements.

21.03 Concurrence by RUS in the award of the Contract is required before
the Contract is effective.

*{Additional Articles - It is often necessary to add additional articles
to address such issues as Owner's special tax exemption and
prepurchasing by Owner and subsequent assignment of procurement
contracts to Contractor. If any funding source requires the contractor
to comply with wage standards, the Information to Bidders and
Supplementary Conditions language will be provided by that funding
Agency. The following articles are examples that may be used to address
these issues. Delete those articles that do not apply and renumber as
necessary.}*

**ARTICLE 22 - SALES AND USE TAXES**

22.01 OWNER is exempt from \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ State sales
and use taxes on materials and equipment to be incorporated in the Work.
Exemption No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. Said taxes shall not be
included in the Bid. Refer to paragraph 6.10 of the Supplementary
Conditions for additional information.

**ARTICLE 23 - CONTRACTS TO BE ASSIGNED**

23.01 Owner as "buyer" \[has executed\] \[will execute\] a contract with
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as "seller" for the
procurement of goods and special services for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. The materials and
equipment provided for in the procurement contract are to be furnished
and delivered to the Site \[or other location\] for installation by
Contractor. The said procurement contract will be assigned by Owner to
Contractor as set forth in the Agreement. Contractor will accept the
assignment and assume responsibility for the "seller", who will become a
Subcontractor to Contractor.

23.02 Bidders may examine the contract documents for the procurement of
goods and special services
for\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.