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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 <br />51 <br />