HomeMy WebLinkAboutContract ProvisionsATTACHMENT I
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (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 subrecipicnts
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 Sub-
contractors 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-suspeeted-ar-reported-vielations-to-the-Feder-al-awardin-g-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 V2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
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.
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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
Govemment 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, as
amended (33 U.S.C. 1251 et seq.) • 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 shalt 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 aisn disclose any tnhbying with nnn-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures arc 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.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - 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 Section 508 of the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe
Drinking Water Act (42 U.S.C. 300h-3(e)), Violations shall be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-152), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Americans with
Disabilities Act of 1990 (42 USC 12101 et, seq.) prohibiting discrimination on the basis of
disability under programs, activities and services provided or made available by state and local
governments or instrumentalities or agencies thereto, as well as public or private entities that
provide public transportation, (d) the Age Discrimination Act of 1975, as amended (42 U.S.C.
6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Aot of 1972 (P.L. 92-255), as amended, relating to non-discrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of
DEP Agreement No. CZ603, Attachment I, Page 2 of 4
alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S,C. 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; (i) EO 13166 (68 FR
14180) to Federal financial assistance recipients on the Title VI prohibition against national origin
discrimination affecting Limited English Proficient (LEP) persons, (j) Title VII of the Civil Rights
Act of 1964, 42 U.S.C. which prohibits discrimination on the basis of religion, a religious
corporation, association, educational institution or society, any other nondiscrimination provisions
in the specific statute(s) made; (k) Title IX of the Education Amendments of 1972 (20 USC 1681
et. seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs
or activities; (1) compliance with Parts II and III of EO 11246 (30 FR 12319, 1965), as amended by
EO 11375 (32 FR 14303, 1967) and 12086 (43 FR 46501, 1978), require Federally assisted
construction contracts to include the nondiscrimination provisions of sections 202 and 203 of that
130 and Department of Labor regulations implementing.EO 11246 (41 CFR 60-1.4(b), 1991), and
the requirements of any other nondiscrimination statutes) that may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Properly Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs, These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12. Compliance with the provisions of the —Hatch Act (5 Q.S.C. 301 —1508 and 7324 — 7328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93.234) that requires recipients in a special flood
hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act
of 1969 (P.L. 91.190) and Executive Order 11514; (b) notification of violating facilities pursuant to
E.O. 11738; (a) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in
floodplains in accordance with E.O, 11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C.
1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended
(P.L. 93.523); (h) protection of endangered species under the Endangered Species Act of 1973, as
amended (P.L. 93-205), (i) restrictions for actions within a Coastal Ranier Island under the Coastal
Ranier Island Resources Act (16 U.S.C. 3501 et seq.), (j) The Resource Conservation and
Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.) which regulates the generation,
transportation, treatment and disposal of hazardous wastes, (k) The Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended, and the Superfund Amendments
and Reauthorization Act of 1986, and the Community Environmental Response Facilitation Act of
1992, as amended, (42 U.S.G. 9601 et seq.), and (1) The Environmental Justice in Minority
Populations and Low Income Populations, EO 12898, February 11, 1994, which identifies and
addresses adverse human health or environmental effects of' programs, policies and activities on
low income and minority populations.
DEP Agreement No: CZb03, Attachment I, Page 3 of 4
15. Compliance with the Wild and Scenic Rivera Act of 1968 (16 U.S.C, 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16, Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S,C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
17, Compliance with ]S CFR Part 27 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
18. Care and Use of Live Vertebrate Animals. Recipients must comply with the Laboratory Animal
Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the acquisition,
care, handling, and use in projects, and implementing regulations, 9 CFR Parts 1, 2 and 3; the
Endangered Species Act (16 U.S.C. 1531 et seq); Marine Mammal Protection Act (16 U.S.C. 1361
et seq.) taking possession, transport, purchase, sale, export or import of wildlife and plants, The
Nonindigenous Aquatic Nuisance Prevention and Control Act (16 U.S.C. 4701 et seq.) ensure
preventive 'measures are taken or that probable harm of using species in minimal if there is an
escape or release, and all other applicable statutes pertaining to the cart, handling, and treatment of
warm blooded animals held for research, teaching, or other activities supported by Federal financial
assistance. No research involving vertebrate animals is permitted under any U.S. Department of
Commerce financial assistance award unless authorized by the Grants Officer.
19. Cbmpliarseewith-tire-lewd=Rarsed aint-Poisonirng-Preventian- ►et-(d2- S.L'-4803-et-seq j-tha
prohibits the use of lead -based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
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