|
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 ....................... 8
<br />VI. Record of Materials, Supplies, and Labor .......... 8
<br />VII. Subletting or Assigning the Contract .............. 7
<br />VIII. Safety: Accident Prevention .................... 7
<br />IX. False Statements Concerning Highway Projects ..... 7
<br />X. Implementation of Clean Air Act and Federal
<br /> Water Pollution Control Act ..................... 8
<br />XI. Certification Regarding Debarment, Suspension,
<br /> Ineligibility, and Voluntary Exclusion .............. 8
<br />XlI. Certification Regarding Use of Contract Funds for
<br /> Lobbying .................................... 9
<br />
<br /> A'I-I'ACHMENTS
<br />
<br /> A. Employment Preference for Appalachian Contracts
<br /> (included in Appalachian contracts only)
<br />
<br />I. GENERAL
<br />
<br /> 1. These contract pro~/isions shall apply to all work performed on
<br />the contract by the contractor's ov,,n 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,
<br />station 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 pdme contractorshall 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
<br />Section IV (except paragraph 5) and Section V of these Required
<br />Contract Provisions shall not be subject to the general disputes
<br />clause of this contract. Such disputes shall be resolved in accor-
<br />dance with the procedures of the U.S. Department of Labor (DOL) as
<br />set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this
<br />clause include disputes between the contractor (or any of its
<br />subcontractors) and the contracting agency, the DOL, or the
<br />contractor's employees or their representatives.
<br />
<br /> 6. Selection of Labor: Dudngthe performance of this contract,
<br />the contractor shall not:
<br />
<br /> a. discriminate against labor from anyother State, possession,
<br />or territory of the United States (except for employment preference
<br />for Appalachian contracts, when applicable, as specified in Attach-
<br />ment A), or
<br />
<br /> b. employ convict labor for any purpose within the limits ofthe
<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 />related subcontracts df $10,000 or more.)
<br />
<br /> 1. Equal Employment Opportunity:. Equal employment
<br />opportunity (EEO) requirements not to discriminate and to take
<br />
<br />Form FHWA-1273 (Rev. 3-94)
<br />
<br />affirmative action to assure equal opportunity as set forth under laws,
<br />executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and
<br />41 CFR 60) and orders of the Secretary of Labor as modified by the
<br />provisions prescribed herein, and imposed pursuant to 23 U.S.C.
<br />140 shall constitute the EEO and specific affirmative action stan-
<br />dards for the contractor's project activities under this con~'act. The
<br />Equal Opportunity Construction Contract Specifications set forth
<br />under 41 CFR 60-4.3 and the provisions of the American Disabilities
<br />ACt of 1990 (42 U.S.C. 12101 et seci.) set forth under 28 CFR 35 and
<br />29 CFR 1630 are incorporated by reference in this contract, in the
<br />execution of this contract, the contractor agrees to comply with the
<br />following minimum 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 raview of higher 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 dudng 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 pay or 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 SI-IA contracting officers an EEO Officer who will have the
<br />responsibility for and must be capable of effectively administering
<br />and promoting an active contractor program of EEO and who must
<br />be 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, orwho recommend such action, orwho 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
<br />actions 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 ccntractods
<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, covedng all major
<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
<br />policy will be placed in areas readily accessible to employees,
<br />applicants for employment and Potential employees.
<br />
<br /> e. The contractor's EEO policy and the procedures to
<br /> implement such policy will be brought to the attention of employees
<br /> by 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."AII such advertisements will be placed
<br /> in publications having a large circulation among minority groups in
<br /> the area fi-om which the project work force would normally be
<br /> dedved.
<br />
<br /> a. The contractor will, unless precluded bya valid bargaining
<br /> agreement, conduct systematic and'direct recruitment through public
<br /> and pdvate employee referral sources likely to yield qualified minority
<br /> group applicants. To meet this requirement, the contractor will
<br /> identi~7 sources of potential minodty group employees, and establish
<br />
<br />Page 1
<br />
<br />
<br />
|