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2012-227
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Last modified
1/7/2016 12:27:45 PM
Creation date
10/1/2015 4:58:47 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/18/2012
Control Number
2012-227
Agenda Item Number
8.P.
Entity Name
Department of Environmental Protection
Subject
PC South Nutrient Removal Facility Grant Agreement
DEP Agreement No. G0353
Supplemental fields
SmeadsoftID
11685
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ATTACHMENT K <br /> Contract Provisions <br /> All contracts awarded by a recipient, including small purchases, shall contain the following provisions <br /> as <br /> applicable : <br /> 1 . Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with <br /> Executive Order (E .O .) 11246, "Equal Employment Opportunity, " as amended by E. O . 11375 , <br /> "Amending Executive Order 11246 Relating to Equal Employment Opportunity, " and as supplemented <br /> by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal <br /> Employment Opportunity, Department of Labor. " <br /> 2. Copeland " Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in <br /> excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a <br /> provision for compliance with the Copeland "Anti-Kickback" Act ( 18 U . S .C . 874), as supplemented by <br /> Department of Labor regulations (29 CFR part 3 , "Contractors and Subcontractors on Public Building or <br /> Public Work Financed in Whole or in Part by Loans or Grants from the United States" ) . The <br /> Act <br /> provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any <br /> person employed in the construction, completion, or repair of public work, to give up any part of the <br /> compensation to which he is otherwise entitled . The recipient shall report all suspected or reported <br /> violations to the Federal awarding agency . <br /> 3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program <br /> legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 <br /> shall include a provision for compliance with the Davis-Bacon Act (40 U . S .C . 276a to a4) and <br /> as <br /> supplemented by Department of Labor regulations (29 CFR part 5 , "Labor Standards Provisions <br /> Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, <br /> contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum <br /> wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall <br /> be required to pay wages not less than once a week. The recipient shall place a copy of the <br />current <br /> prevailing wage determination issued by the Department of Labor in each solicitation and the award of a <br /> contract shall be conditioned upon the acceptance of the wage determination . The recipient shall report <br /> all suspected or reported violations to the Federal awarding agency . EPA does not consider work <br /> performed under the 319 grants to fall under the definition of construction. Therefore, this <br /> provision does not apply to this specific Agreement. <br /> 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327=333) - Where applicable, all <br /> contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for <br /> other contracts that involve the employment of mechanics or laborers shall include a provision for <br /> compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U . S .C . <br /> 327-333 ), as supplemented by Department of Labor regulations (29 CFR part 5 ). Under Section 102 of <br /> the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the <br /> basis of a standard work week of 40 hours . Work in excess of the standard work week is permissible <br /> provided that the worker is compensated at a rate of not less than 1 '/2 times the basic rate of pay for all <br /> hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable <br /> to <br /> construction work and provides that no laborer or mechanic shall be required to work in surroundings or <br /> under working conditions which are unsanitary, hazardous or dangerous . These requirements do not <br /> apply to the purchases of supplies or materials or articles ordinarily available on the open market, or <br /> contracts for transportation or transmission of intelligence . <br /> 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the <br /> performance of experimental, developmental, or research work shall provide for the rights of the Federal <br /> Government and the recipient in any resulting invention in accordance with 37 CFR part 401 , "Rights to <br /> Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, <br /> DEP Agreement No . G0353 , Attachment K, Page 1 of 4 <br />
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