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REQUIRED CONTRACT PROVISIONS
<br />FEDERAL -AID CONSTRUCTION CONTRACTS
<br />I. General
<br />It. Nondiscrimination
<br />III. Nonsegregated Facilities
<br />IV. Davis -Bacon and Related Act Provisions
<br />V. Contract Work Hours and Safety Standards Act
<br />Provisions
<br />VI. Subletting or Assigning the Contract
<br />VII. Safety: Accident Prevention
<br />VIII. False Statements Concerning Highway Projects
<br />IX Implementation of Clean Air Act and Federal Water
<br />Pollution Control Ad
<br />X Compliance with Govemmentwide Suspension and
<br />Debarment Requirements
<br />XI. Certification Regarding Use of Contract Funds for
<br />Lobbying
<br />ATTACHMENTS
<br />A. Employment and Materials Preference for Appalachian
<br />Development Highway System or Appalachian Local Access
<br />Road Contracts ([included in.Appalachian contracts only) --- -- -_
<br />.I. GENERAL
<br />FHWA-1273- Revised May 1, 2012
<br />3. A breach of any of the stipulations contained in these
<br />Required Contract Provisions may be sufficient grounds for
<br />withholding of progress payments, withholding of final
<br />payment, termination of the contract, suspension Jr debarment
<br />or any other action determined to be appropriate by the
<br />contracting agency and FHWA.
<br />4. Selection of Labor. During the performance of this contract,
<br />the contractor shall not use convict labor for any purpose
<br />within the limits of a construction project on a Federal -aid
<br />highway unless it is labor performed by Convicts who are on
<br />parole. supervised release, or probation. The term Federal -aid
<br />highway does not include roadways functionally classed as
<br />local roads or rural minor collectors.
<br />11. NONDISCRIMINATION
<br />The provisions of this section related to 23 CFR Part 230 are
<br />applicable to all Federal -aid construction contracts and to all
<br />-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 />In addition, the contractor and all subcontractors must comply
<br />1. Forth FMA -1273 must be physically incorporated in each with the following po5cies: Exacudve 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), Tide VI
<br />mritrarlor (or slibcorAr2dor) must;nseFt this term in each of theeivil Rigl its FUA 01 1 E154, as amended. and related
<br />subcontract and further require Its inclusion in all lower der regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
<br />-- subcontracts (excluding purchase orders, rental afl_reements Parta_M230,-and633.
<br />aia other agreements for supplies or services).
<br />The applicable requirements of Form FHWA-1273 are
<br />incorporated by reference for work done under any purchase
<br />order, rental agreement or agreement for other services. The
<br />prime contractor shall be responsible for compliance by any
<br />subcontractor, lower -tier subcontractor or service provider.
<br />Form FHWA-1273 must be included in all Federal -aid design -
<br />build contracts, in an subcontracts and in lower der
<br />subcontracts (excluding subcontracts for design services,
<br />purchase orders, rental agreements and other agreements for
<br />supplies or services). The design -builder shall be responsible
<br />for compliance by any subcontractor, ower -tier subcontractor
<br />or service provider.
<br />Contracting agencies may reference Forth FHWA-1273 in bid
<br />Proposal or request for proposal documents, however, the
<br />Forth FHWA-1273 must be physically incorporated (not
<br />referenced) In all contracts, subcontracts and lower -tier
<br />subcontracts (excluding purchase orders, rental agreements
<br />and other agreements for supplies or services related to a
<br />contrition contract).
<br />2. Subject to the applicability criteria noted in the following
<br />sections, these contract provisions shall apply to all work
<br />performed on the contract by the contractor's own organization
<br />and with the assistance of workers under the contractor's
<br />immediate superintendence and to all work performed on the
<br />contract by piecework, station work, or by subcontracL
<br />The contractor and all subcontractors must comply with: the
<br />requirements of the Equal Opportunity Clause in 41 CFR 60-
<br />1.4(b) and, for all construction contrails exceeding $10,000,
<br />the Standard Federal Equal Employment Opportunity
<br />Construction Contract Specifications in 41 CFR 60-4.3.
<br />Note: The U.S. Department of Labor has exclusive authority to
<br />determine compliance with Executive Order 11246 and the
<br />policies of the Secretary of Labor including 41 CFR 60, and 29
<br />CFR 1625-1627. The contracting agency and the FHWA have
<br />the authority and the responsibility to ensure compliance with
<br />Tide 23 USC Section 140, the Rehabilitation Ad of 1973, as
<br />amended (29 USC 794), and Title VI of the Civ? Rights Ad of
<br />1964, as amended, and related regulations including 49 CFR
<br />Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
<br />The following provision is adopted from 23 CFR 230, Appendix
<br />A. with appropriate revisions to conform to the U.S.
<br />Department of Labor (US DOL) and FHWA requirements.
<br />1. Equal Employment Opportunity: Equal employment
<br />opportunity (EEO) requirements not to discriminate and to take
<br />affirmative action to assure equal opportunity as set forth
<br />under laws, executive orders, rules, regulations (28 CFR 35,
<br />29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
<br />and orders of the Secretary of Labor as modified by the
<br />provisions prescribed herein, and imposed pursuant to 23
<br />U.S.C. 140 shall constitute the EEO and specific affirmative
<br />action standards for the contractor's project activities under
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