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FHWAA273 — Revised May 1 , 2012
<br /> REQUIRED CONTRACT PROVISIONS
<br /> FEDERAL-AID CONSTRUCTION CONTRACTS
<br /> I . General 3. A breach of any of the stipulations contained in these
<br /> II . Nondiscrimination Required Contract Provisions may be sufficient grounds for
<br /> 111 . Nonsegregated Facilities withholding of progress payments, withholding of final
<br /> IV. Davis-Bacon and Related Act Provisions payment, termination of the contract, suspension / debarment
<br /> V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
<br /> Provisions contracting agency and FHWA.
<br /> VI . Subletting or Assigning the Contract
<br /> VII. Safety: Accident Prevention 4. Selection of Labor: During the performance of this contract,
<br /> VIII . False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
<br /> IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
<br /> Pollution Control Act I I highway unless it is labor performed by convicts who are on
<br /> X. Compliance with Govemmentwide Suspension and parole, supervised release, or probation. The term Federal-aid
<br /> Debarment Requirements highway does not include roadways functionally classified as
<br /> Xl . Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
<br /> Lobbying
<br /> ATTACHMENTS II. NONDISCRIMINATION
<br /> A. Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
<br /> Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
<br /> Road Contracts (included in Appalachian contracts only) related construction subcontracts of $10, 000 or more. The
<br /> provisions of 23 CFR Part 230 are not applicable to material
<br /> supply, engineering , or architectural service contracts.
<br /> I. GENERAL. {
<br /> In addition, the contractor and all subcontractors must comply
<br /> 1 . Form FHWAA273 must be physically incorporated in each with the following policies: Executive Order 11246, 41 CFR 60,
<br /> construction contract funded under Title 23 (excluding 29 CFR 1625-1627, Title 23 USC Section 140, the
<br /> emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
<br /> contractor (or subcontractor) must insert this form in each of the Civil Rights Act of 1964, as amended, and related
<br /> subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21 , 26 and 27; and 23 CFR
<br /> subcontracts (excluding purchase orders, rental agreements Parts 200, 230, and 633.
<br /> and other agreements for supplies or services).
<br /> The contractor and all subcontractors must comply with : the
<br /> The applicable requirements of Form FHWAA273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
<br /> incorporated by reference for work done under any purchase 1 A(b) and, for all construction contracts exceeding $10,000,
<br /> order, rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity
<br /> prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 604.3.
<br /> subcontractor, lower-tier subcontractor or service provider.
<br /> Note: The U .S. Department of Labor has exclusive authority to
<br /> Forth FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
<br /> build contracts, in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60, and 29
<br /> subcontracts (excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have
<br /> purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compliance with
<br /> supplies or services). The design-builder shall be responsible Title 23 USC Section 140, the Rehabilitation Act of 1973, as
<br /> for compliance by any subcontractor, lower-tier subcontractor amended (29 USC 794), and Title VI of the Civil Rights Act of
<br /> or service provider. 1964, as amended, and related regulations including 49 CFR
<br /> Parts 21 , 26 and 27; and 23 CFR Parts 200, 230, and 633.
<br /> Contracting agencies may reference Form FHWA-1273 in bid
<br /> proposal or request for proposal documents, however, the The following provision is adopted from 23 CFR 230, Appendix
<br /> Form FHWAA273 must be physically incorporated (not A, with appropriate revisions to conform to the U .S .
<br /> referenced) in all contracts, subcontracts and lower-tier Department of Labor (US DOL) and FHWA requirements.
<br /> subcontracts (excluding purchase orders, rental agreements
<br /> and other agreements for supplies or services related to a I . Equal Employment Opportunity: Equal employment
<br /> construction contract). opportunity (EEO) requirements not to discriminate and to take
<br /> affirmative action to assure equal opportunity as set forth
<br /> 2. Subject to the applicability criteria noted in the following under laws, executive orders, rules, regulations (28 CFR 35,
<br /> sections, these contract provisions shall apply to all work 29 CFR 1630, 29 CFR 1625=16279 41 CFR 60 and 49 CFR 27)
<br /> performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
<br /> and with the assistance of workers under the contractor's provisions prescribed herein, and imposed pursuant to 23
<br /> immediate superintendence and to all work performed on the U .S.C. 140 shall constitute the EEO and specific affirmative
<br /> contract by piecework, station work, or by subcontract. action standards for the contractor's project activities under
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