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<br />OMB Guidance
<br />(C) Equal Employment Opportunity, Ex-
<br />cept as otherwise provided under 41 CFR
<br />Part 60, all contracts that meet the defini-
<br />tion offederally asafsted construction con-
<br />tract" in 41 CFE Part 60 -LS must include the
<br />equal opportunity clause provided under 41
<br />GFR- 604AL13), in accordance with Executive
<br />Order 11246, •Equal Employment Oppor-
<br />tunity" (30 FR 12319, 12935, 3 CFR Part, 1964-
<br />1965 Comp., p. 339), as amended by Executive
<br />Order 11375, "Amending Executive Order
<br />U246 Relating to Equal Employment Oppor-
<br />tunity," and implementing regulations at 41
<br />CFR part 60, "Office of Federal Contract
<br />Compliance Programs, Equal Employment
<br />Opportunity, Departmeat of Labor."
<br />(D) Davls-Bacon Act, as amended (40 U.S.C,
<br />3141-3148). When required by Federal program
<br />legislation, all prime construction contracts
<br />in excess of $2,000 awarded by non-rederal
<br />entitles must include a provision for compli-
<br />ance with the Davis -Bacon Act (40 U.S.C,
<br />3141-3144, and 3146-3146) a= supplemented by
<br />Department of Labor regulations (29 Gyp.
<br />Part 5, "Labor Standards Provisions Appli-
<br />cable to Contracts Covering Federally Fi-
<br />nanced and Aseiated Construction"). In ac-
<br />cordance with the statute, contractors must
<br />be required to pay wages to laborers and me-
<br />ch-,Ics at a rate not less than the prevailing
<br />wages specified in a wage determination
<br />nude by the Secretary of Labor. In addition,
<br />contractors must be required to pay wages
<br />not leas than once a week. The non -Federal
<br />entity must place a copy of the current pre-
<br />valling wage determination issued by the De-
<br />partment of Labor to each solicitation, The
<br />decision to award a contract or subcontract
<br />must be conditioned upon the acceptance of
<br />the wage determination. The non-Federalen-
<br />tlty must report ail suspected or reported
<br />violations to the Federal awarding agency.
<br />The contracts must also include a provision
<br />for compliance with the Copeland "Anti -
<br />Kickback" Act (40 U S.C. 3145), as supple-
<br />mented by Department of Labor regnlations
<br />(29 CFP. Part 3, "Contractors and Sub-
<br />contractors on PnbHe Building or Public
<br />Work Financed in Whole or in Part by Loans
<br />or Grants from the United States"). The Act
<br />provides that each contractor or sub -
<br />recipient must be prohibited from inducing,
<br />by any means, any Peron employed in the
<br />construction, completion, or repair of public
<br />work, to give up any part of the compensa-
<br />tion to which he or she is otberwiee entitled.
<br />The non-Fadaml entity must report all sus-
<br />pected or reported violations to the Federal
<br />awarding agency.
<br />(E) Contract Work Hours and Safety
<br />Standards Act (40 U.S.O. 37914708). Where
<br />applicable, all contracts awarded by the non -
<br />Federal entity in excess of $100,000 that in-
<br />volve the employment of mechanics or labor-
<br />ers must include a provision for compliance
<br />with 40 U.S.C, =2 and 37K as supplemented
<br />by Department of Labor regalations (29 CFP.
<br />Pt. 200, App. II
<br />Part 5). Under 40 U.S.C. V02 of the Act, each
<br />contractor must be required to compute the
<br />wages of every mechanic and laborer on the
<br />basis of a standard work -week of 40 hours.
<br />Work in excess of the standard work week is
<br />permiseible provided that the worker fs tom-
<br />pensa.ted at a rate of not leas than one and a
<br />half time-- the basic rate of pay for all hours
<br />worked In excess of 40 hours In the work
<br />week- The requirements of 40 U.S.C. 3704 are
<br />applicable to construction work and provide
<br />that no laborer or mechanic most be re.
<br />quired to work in etnroundings or under
<br />working conditions which are unsanitary,
<br />hamrdots or dangerous. These requirements
<br />do not apply to the purchases of supplies or
<br />materials or articles ordinarily available on
<br />the open market, or contracts for transpor-
<br />tation or transmission' of intelligence.
<br />(F) Rights to Invention. Alada Under a
<br />Contract or Agreement, If the Federal award
<br />mets the definition of "funding agreement"
<br />under 27 CFP, 14012 (a) and the recipient or
<br />subrecipient wishes to enter into a contract
<br />with a small buelness firm or nonprofit orga-
<br />nization regarding the substitution of par-
<br />ties, asssignment or performance of expert -
<br />mental, developmental, or research work
<br />under that 'funding agreetziat," the recipi-
<br />ent or cubreelpient must comply with the re-
<br />quirements of 37 CFE Part 401, "Rights to in.
<br />ventlone blade by Nonprofit Organizations
<br />and Small Easiness Firma Under Govern -
<br />meat Grants, Conti -acts and Cooperative
<br />Agteements," and any Implementing regula-
<br />tions issued by the swatdinS agency.
<br />(G) Clean .sir Act (42 U.S.C- 7461-7671q.) and
<br />the Federal Water Pollution Control Act (33
<br />U.S.C. 1251-1367), as amended—Contraaeta and
<br />oabb nts of amounts In excess of $150,000
<br />mast contain a provision that requires the
<br />non -Federal award to agree to comply with
<br />all applicable standards, orders or regula-
<br />tions issned pursuant to the Clean Air Act
<br />(42 U.S.C, 740146710 and the Federal Water
<br />Pollution Control Act as amended (33 U.S.C.
<br />IWI 1380. Violations must be reported to the
<br />Federal awarding ageney and the Regional
<br />Office of the Environmental Protection
<br />Agency (EPA).
<br />(H) Debarment and Suspension (Executive
<br />Orders 1250 and 12689)—A contract award
<br />(see 2 CFR 180220) must not be made to par-
<br />ties listed on the governmentwide exclu=sions
<br />in the System for Award Slanagement
<br />(SA3I), in accordance with the MIR guide-
<br />lines at 2 CFR.180that Implement Executive
<br />Orders W49 (3 CFR part 1906 Comp•, p. 189)
<br />and 12689 (3 CFR part 1909 Comp., p. 235),
<br />"Debarment and Suspension!' SABI Exclu-
<br />sions contains, the names of parties debarred,
<br />sasf-ended, or otherwise excluded by agen-
<br />cies, as well as parties declared ineligible
<br />under statutory or regulatory authority
<br />other than Executive Order 12549.
<br />(1) Byrd Anti -Lobbying Amendment (31
<br />U.S.C. 1352;—Contractors that apply or bid
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