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.
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