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REQUIRED CONTRACT PROVISIONS
<br /> FEDERAL-AID CONSTRUCTION CONTRACTS
<br /> Page related subcontracts of $ 10 , 000 or more . )
<br /> I . General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
<br /> 1
<br /> Il . Nondiscrimination 1 1 . Equal Employment Opportunity: Equal employment opportu-
<br /> Ill . Nonsegregated Facilities . . . . . . . . . . . . . . . . . . . . . . . . 3 nity ( EEO) requirements
<br /> not to discriminate and to take affirmative
<br /> IV. Payment of Predetermined Minimum Wage . . . . . . . . . 3 action to assure equal opportunity as set forth under laws
<br />, executive
<br /> V. Statements and Payrolls . . . . . . . . . . . . . . . . . . . . . . . . 5 orders , rules , regulations
<br /> (28 CFR 35 , 29 CFR 1630 and 41 CFR 60 )
<br /> VI . Record of Materials , Supplies , and Labor . . . . . . . . . . . 5 and orders of the Secretary of Labor as
<br /> modified by the provisions
<br /> VII . Subletting or Assigning the Contract . . . . . . . . . . . . . . . 5 prescribed herein , and imposed pursuant
<br /> to 23 U . S . C . 140 shall
<br /> VIII . Safety: Accident Prevention . . . . . . . . . . . . . . . . . . . . . 6 constitute the EEO
<br />and specific affirmative action standards for the
<br /> IX . False Statements Concerning Highway Projects . . . . . . 6 contractor's project activities under this contract. The Equal Opportu-
<br /> X . Implementation of Clean Air Act and Federal nity Construction Contract Specifications set forth under 41 CFR 60-
<br /> Water Pollution Control Act . . . . . . . . . . . . . . . . . . . . . . 6 4 . 3 and the provisions of
<br /> the American Disabilities Act of 1990 (42
<br /> XI . Certification Regarding Debarment, Suspension , U . S . C . 12101 et seq. ) set forth under 28 CFR 35 and 29 CFR 1630
<br /> Ineligibility, and Voluntary Exclusion . . . . . . . . . . . . . . . 6 are incorporated by reference in this contract.
<br /> In the execution of this
<br /> XII . Certification Regarding Use of Contract Funds for contract, the contractor agrees to comply with the following minimum
<br /> Lobbying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 specific
<br /> requirement activities of EEO :
<br /> ATTACHMENTS a . The contractor will work with the State highway agency
<br /> (SHA) and the Federal Government in carrying out EEO obligations
<br /> A. Employment Preference for Appalachian Contracts and in their review of his/her activities under the contract.
<br /> (included in Appalachian contracts only)
<br /> I . GENERAL followb. sThe c nttractor will accept as his operating policy the
<br /> 1 . These contract provisions shall apply to all work performed on " It is the policy of this Company to assure that applicants
<br /> are
<br /> the contract by the contractor's own organization and with the employed , and that employees are treated during employment,
<br /> assistance of workers under the contractor's immediate superinten- without regard to their race , religion , sex , color, national origin
<br />,
<br /> dence and to all work performed on the contract by piecework , station age or disability. Such action shall include : employment
<br />,
<br /> work , or by subcontract. upgrading , demotion , or transfer; recruitment or recruitment
<br /> advertising ; layoff or termination ; rates of pay or other forms of
<br /> 2 . Except as otherwise provided for in each section , the contractor compensation ; and selection for training , including apprentice-
<br /> shall insert in each subcontract all of the stipulations contained in ship, preapprenticeship , and/or on -the-job training . "
<br /> these Required Contract Provisions , and further require their
<br /> inclusion in any lower tier subcontract or purchase order that may in 2 . EEO Officer: The contractor will designate and make known
<br /> turn be made . The Required Contract Provisions shall not be to the SHA contracting officers an EEO Officer who
<br /> will have the
<br /> incorporated by reference in any case . The prime contractor shall be responsibility for and must be capable of effectively administering and
<br /> responsible for compliance by any subcontractor or lower tier promoting an active contractor program of EEO and
<br />who must be
<br /> subcontractor with these Required Contract Provisions . assigned adequate authority and responsibility to do so .
<br /> 3 . A breach of any of the stipulations contained in these Required 3 . Dissemination of Policy: All members of the contractor's staff
<br /> Contract Provisions shall be sufficient grounds for termination of the who are authorized to hire , supervise , promote , and
<br /> discharge
<br /> contract. employees , or who recommend such action , or who are substantially
<br /> involved in such action , will be made fully cognizant of, and will
<br /> 4 . A breach of the following clauses of the Required Contract implement, the contractor's EEO policy and contractual responsibili
<br />-
<br /> Provisions may also be grounds for debarment as provided in 29 ties to provide EEO in each grade and classification of employment.
<br /> CFR 5 . 12 : To ensure that the above agreement will be met , the following actions
<br /> will be taken as a minimum :
<br /> Section I , paragraph 2 ;
<br /> Section IV, paragraphs 1 , 2 , 3 , 4 , and 7 ; a . Periodic meetings of supervisory and personnel office
<br /> Section V, paragraphs 1 and 2a through 2g . employees will be conducted before the start of work and then not
<br /> less often than once every six months , at which time the contractor's
<br /> 5 . Disputes arising out of the labor standards provisions of Section EEO policy and its implementation will be reviewed and explained
<br />.
<br /> IV (except paragraph 5 ) and Section V of these Required Contract The meetings will be conducted by the EEO Officer.
<br /> Provisions shall not be subject to the general disputes clause of this
<br /> contract. Such disputes shall be resolved in accordance with the b . All new supervisory or personnel office employees
<br /> will be
<br /> procedures of the U . S . Department of Labor ( DOL) as set forth in 29 given a thorough indoctrination by the EEO Officer, covering all major
<br /> CFR 5 , 6 , and 7. Disputes within the meaning of this clause include
<br /> disputes between the contractor (or any of its subcontractors) and the aspects of the contractor's EEO obligations within thirty
<br /> days
<br /> contracting agency , the DOL , or the contractor's employees or their following their reporting for duty with the contractor.
<br /> representatives .
<br /> c. All personnel who are engaged in direct recruitment for the
<br /> 6 . Selection of Labor : During the performance of this contract, project will be instructed by the EEO Officer in
<br /> the contractor's
<br /> the contractor shall not: procedures for locating and hiring minority group employees .
<br /> a . discriminate against labor from any other State , possession , d . Notices and posters setting forth the contractor's EEO policy
<br /> or territory of the United States (except for employment preference for will be placed in areas readily accessible to employees , applicants for
<br /> Appalachian contracts , when applicable , as specified in Attachment employment and potential employees .
<br /> A), or
<br /> e . The contractor's EEO policy and the procedures to imple-
<br /> b . employ convict labor for any purpose within the limits of the ment such policy will be brought to the attention of employees
<br /> by
<br /> project unless it is labor performed by convicts who are on parole , means of meetings , employee handbooks , or other
<br /> appropriate
<br /> supervised release , or probation . means .
<br /> II . NONDISCRIMINATION 4 . Recruitment : When advertising for employees , the contractor
<br /> will include in all advertisements for employees the notation : "An
<br /> (Applicable to all Federal-aid construction contracts and to all Equal Opportunity Employer. " All such advertisements will be placed
<br /> Form FHWA- 1273 ( Rev . 3-94 ) Page 1
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