|
<br />-
<br />
<br />REQUIRED CONTRACT PROVISIONS
<br />FEDERAL-AID CONSTRUCTION CONTRACTS
<br />
<br />Page
<br />I. General. . . . . , . . . , , , , . . . . . . . . . . , . . . . . . . . . . . .. 1
<br />II. Nondiscrimination. . . . . . . . . . . . . . . . . . . . . , . . . . . .. 1
<br />III. Nonsegregated Facilities . . . . . . . . . . . . . . . . . . . . . . .. 3
<br />IV. Payment of Predetermined Minimum Wage ......... 3
<br />V. Statements and Payrolls ................,......, 5
<br />VI. Record of Materials, Supplies, and Labor ........... 5
<br />VII. Subletting or Assigning the Contract ............... 5
<br />VIII. Safety: Accident Prevention ..................... 6
<br />IX. False Statements Concerning Highway Projects. . . . .. 6
<br />X. Implementation of Clean Air Act and Federal
<br />Water Pollution Control Act ...................... 6
<br />XI. Certification Regarding Debarment, Suspension,
<br />Ineligibility, and Voluntary Exclusion ............... 6
<br />XII. Certification Regarding Use of Contract Funds for
<br />Lobbying .................................... 8
<br />
<br />ATTACHMENTS
<br />
<br />A. Employment Preference for Appalachian Contracts
<br />(included in Appalachian contracts only)
<br />
<br />I. GENERAL
<br />
<br />1. These contract provisions shall apply to all work performed on
<br />the contract by the contractor's own organization and with the
<br />assistance of workers under the contractor's immediate superinten-
<br />dence and to all work performed on the contract by piecework, station
<br />work, or by subcontract.
<br />
<br />2. Except as otherwise provided for in each section, the contractor
<br />shall insert in each subcontract all of the stipulations contained in
<br />these Required Contract Provisions, and further require their
<br />inclusion in any lower tier subcontract or purchase order that may in
<br />turn be made. The Required Contract Provisions shall not be
<br />incorporated by reference in any case. The prime contractor shall be
<br />responsible for compliance by any subcontractor or lower tier
<br />subcontractor with these Required Contract Provisions.
<br />
<br />3. A breach of any of the stipulations contained in these Required
<br />Contract Provisions shall be sufficient grounds for termination of the
<br />contract.
<br />
<br />4. A breach of the following clauses of the Required Contract
<br />Provisions may also be grounds for debarment as provided in 29
<br />CFR 5.12:
<br />
<br />Section I, paragraph 2;
<br />Section IV, paragraphs 1, 2, 3, 4, and 7;
<br />Section V, paragraphs 1 and 2a through 2g.
<br />
<br />5. Disputes arising out of the labor standards provisions of Section
<br />IV (except paragraph 5) and Section V of these Required Contract
<br />Provisions shall not be subject to the general disputes clause of this
<br />contract. Such disputes shall be resolved in accordance with the
<br />procedures of the U.S. Department of Labor (DOL) as set forth in 29
<br />CFR 5, 6, and 7. Disputes within the meaning of this clause include
<br />disputes between the contractor (or any of its subcontractors) and the
<br />contracting agency, the DOL, or the contractor's employees or their
<br />representatives.
<br />
<br />6. Selection of labor: During the performance of this contract,
<br />the contractor shall not:
<br />
<br />a. discriminate against labor from any other State, possession,
<br />or territory of the United States (exceptfor employment preference for
<br />Appalachian contracts, when applicable, as specified in Attachment
<br />A), or
<br />
<br />b. employ convict labor for any purpose within the limits of the
<br />project .unless it is labor performed by convicts who are on parole,
<br />supervised release, or probation.
<br />
<br />II. NONDISCRIMINATION
<br />
<br />(Applicable to all Federal-aid construction contracts and to all
<br />
<br />Form FHWA-1273 (Rev. 3-94)
<br />
<br />related subcontracts of $10,000 or more.)
<br />
<br />1. Equal Employment Opportunity: Equal employment opportu-
<br />nity (EEO) requirements not to discriminate and to take affirmative
<br />action to assure equal opportunity as set forth under laws, executive
<br />orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60)
<br />and orders of the Secretary of Labor as modified by the provisions
<br />prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
<br />constitute the EEO and specific affirmative action standards for the
<br />contractor's project activities under this contract. The Equal Opportu-
<br />nity Construction Contract Specifications set forth under 41 CFR 60-
<br />4.3 and the provisions of the American Disabilities Act of 1990 (42
<br />U,S.C. 12101 et ~.) set forth under 28 CFR 35 and 29 CFR 1630
<br />are incorporated by reference in this contract. In the execution of this
<br />contract, the contractor agrees to comply with the following minimum
<br />specific requirement activities of EEO:
<br />
<br />a. The contractor will work with the State highway agency
<br />(SHA) and the Federal Government in carrying out EEO obligations
<br />and in their review of his/her activities under the contract.
<br />
<br />b. The contractor will accept as his operating policy the
<br />following statement:
<br />
<br />"It is the policy of this Company to assure that applicants are
<br />employed, and that employees are treated during employment,
<br />without regard to their race, religion, sex, color, national origin.
<br />age or disability. Such action shall include: employment,
<br />upgrading, demotion, or transfer; recruitment or recruitment
<br />advertising; layoff or termination; rates of payor other forms of
<br />compensation; and selection for training, including apprentice-
<br />ship, preapprenticeship, and/or on-the-job training."
<br />
<br />2. EEO Officer: The contractor will designate and make known
<br />to the SHA contracting officers an EEO Officer who will have the
<br />responsibility for and must be capable of effectively administering and
<br />promoting an active contractor program of EEO and who must be
<br />assigned adequate authority and responsibility to do so.
<br />
<br />3. Dissemination of Policy: All members of the contractor's staff
<br />who are authorized to hire, supervise, promote, and discharge
<br />employees, or who recommend such action, or who are substantially
<br />involved in such action, will be made fully cognizant of, and will
<br />implement, the contractor's EEO policy and contractual responsibili-
<br />ties to provide EEO in each grade and classification of employment.
<br />To ensure that the above agreement will be met, the following actions
<br />will be taken as a minimum:
<br />
<br />a. Periodic meetings of supervisory and personnel office
<br />employees will be conducted before the start of work and then not
<br />less often than once every six months, at which time the contractor's
<br />EEO policy and its implementation will be reviewed and explained.
<br />The meetings will be conducted by the EEO Officer.
<br />
<br />b, All new supervisory or personnel office employees will be
<br />given a thorough indoctrination by the EEO Officer. covering all major
<br />
<br />aspects of the contractor's EEO obligations within thirty days
<br />following their reporting for duty with the contractor.
<br />
<br />c. All personnel who are engaged in direct recruitment for the
<br />project will be instructed by the EEO Officer in the contractor's
<br />procedures for locating and hiring minority group employees.
<br />
<br />d. Notices and posters setting forth the contractor's EEO policy
<br />will be placed in areas readily accessible to employees, applicants for
<br />employment and potential employees.
<br />
<br />e. The contractor's EEO policy and the procedures to imple-
<br />ment such policy will be brought to the attention of employees by
<br />means of meetings, employee handbooks, or other appropriate
<br />means.
<br />
<br />4. Recruitment: When advertising for employees, the contractor
<br />will include in all advertisements for employees the notation: "An
<br />Equal Opportunity Employer." All such advertisements will be placed
<br />
<br />Page 1
<br />
|