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<br />SECTION 23
<br />REQUIRED CONTRACT PROVISIONS
<br />FEDERAL.AID CONSTRUCTION CONTRACTS
<br />
<br />REQUIRED CONTRACT PROVISIONS
<br />FEDERAL-AID CONSTRUCTION CONTRACTS
<br />
<br />I.
<br />II.
<br />III.
<br />IV.
<br />V.
<br />VI.
<br />VII.
<br />VIII.
<br />IX.
<br />X.
<br />
<br />Xl.
<br />
<br />XII.
<br />
<br />Page
<br />General ..................................... 1
<br />Nondiscrimination ............................. 1
<br />Nonsegregated Facilities ........................ 3
<br />Payment of Predetermined Minimum Wage ......... 3
<br />Statements and Payrolls ........................ 5
<br />Record of Materials, Supplies. and Labor ........... 5
<br />Subletling or Assigning the Contract ............... 5
<br />Safety: Accidenl Prevention ..................... 6
<br />False Statements Concerning Highway Projects. . . . .. 6
<br />Implementation of Clean Air Act and Federal
<br />Water Pollution Control Act .................. 6
<br />Certification Regarding Debannent, Suspension,
<br />IneliQibility, and Voluntary Exclusion ............... 6
<br />Certification Regarding Use of Contract Funds for
<br />
<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 aU 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 perfonned 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 subcontracl 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 slipulatiOlls conlained in these Required
<br />Contract Provisions shall be sufficient grounds for tennination 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 />CFR5.12:
<br />
<br />Section I, paragraph 2;
<br />Section IV, paragraphs 1, 2, 3,4, and 7;
<br />Section V, paragraphs 1 and 2a Ihrough 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 disjllJtes 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 inctude
<br />dispules between the contractor (or any of its subcontractors) and the
<br />contracting agency. the DOL, or the contracto~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 />orterritory of the Uniled States (except for employment preference for
<br />Appalachian contracls, when applicable. as specified in AlIachment
<br />A), or
<br />
<br />b. employ convict labor for any purpose within the limits of the
<br />project unless it is labor perfonned 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 10 all
<br />
<br />Form FHWA-1273 (Rev. 3-94)
<br />
<br />related subcontracts of $10,000 or more.)
<br />
<br />1. Equall:mployment Opportunity: Equaf 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 th is contract. The Equal Opportu.
<br />nily Conslruction Contract SpecifICations set forth under 41 CFR 60-
<br />4.3 and Ihe 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 incorporaleo oyreference in this contract. In the execution of Ihis
<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 Ihe Federal Governmenl in calTYing oul EEO obligations
<br />and in their review of hiSlher 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 Ireated 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 olher forms of
<br />compensation; and selection for training, induding apprenlice-
<br />ship, preapprenticeship, and/or on-the-job training..
<br />
<br />2. EEO Officer: The contractor will designate and make known
<br />10 the SHA contracting officers an EEO Officer who will have the
<br />responsibilityfor 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 substanlially
<br />involved in such action. will be made fully cognizant of, and will
<br />implement, the contractor's EED policy and contractual responsibili-
<br />ties to provide EEO in each grade and c1assificalion 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 nol
<br />less often than once every six months, at which time the contractor's
<br />EEO policy and ils 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 Ihe contractor's EEO obligations within thirty days
<br />follo,,"ng their reporting for duty with the contractor.
<br />
<br />c. All personnel who are engaged in direct recruilment 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 sening forth the contraclor's EEO policy
<br />will be placed in areas readily accessible 10 employees, applicants for
<br />employment and potenlialemployees.
<br />
<br />e. The contractor's EEO policy and Ihe procedures to imple-
<br />ment such policy will be broughl to the allenllon of employees by
<br />means of meellngs, 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 wi/J be placed
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