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62 <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 <br />201 <br />