1. Equal
Employment Opportunity - All contracts shall contain a
provision requiring compliance with E.O. 11246, "Equal Employment
Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," and as supplemented by
regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of
Labor."
2.
Copeland"Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)
- All contracts and subgrants
in excess of $2000 for construction or repair awarded by recipients and
subrecipients shall include a provision for compliance with the Copeland
"Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of
Labor regulations (29 CFR part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or
subrecipient shall be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the
Federal awarding agency.
3. Davis-Bacon Act, as amended (40
U.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and
subrecipients of more than $2000 shall include a provision for compliance
with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by
Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and
Assisted Construction"). Under this Act, contractors shall be required to
pay wages to laborers and mechanics at a rate not less than the minimum
wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors shall be required to pay wages not less than once a
week. The recipient shall place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation and
the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported
violations to the Federal awarding agency.
4. Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts
awarded by recipients in excess of $2000 for construction contracts and in
excess of $2500 for other contracts that involve the employment of
mechanics or laborers shall include a provision for compliance with
Sections 102 and 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327-333), as supplemented by Department of Labor regulations
(29 CFR part 5). Under Section 102 of the Act, each contractor shall be
required to compute the wages of every mechanic and laborer on the basis
of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of
not less than 1 ½ times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. |
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Section 107 of
the Act is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
5. Rights to Inventions Made Under a
Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide
for the rights of the Federal Government and the recipient in any
resulting invention in accordance with 37 CFR part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding
agency.
6.
Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of amounts
in excess of $100,000 shall contain a provision that requires the
recipient to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et
seq.). Violations shall be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency
(EPA).
7. Byrd
Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an
award of $100,000 or more shall file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier shall also disclose any
lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the recipient.
8. Debarment and Suspension (E.O.s
12549 and 12689) -
No contract shall be made to parties listed on the General Services
Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689,
"Debarment and Suspension." This list contains the names of parties
debarred, suspended, or otherwise excluded by agencies, and contractors
declared ineligible under statutory or regulatory authority other than
E.O. 12549. Contractors with awards that exceed the small purchase
threshold shall provide the required certification regarding its exclusion
status and that of its principal employees. |