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VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 3D percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term 'perform work with its own organization' refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firth meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v 1 s i o n i is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635 The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shag be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and n __, _ ___ prim__ - ctar maintains oontrol_over_the__-- a the ' e contra_ _ the=== ay subcontractor shag not permit any employee, in performance --=of - - - --- ---- - - ---- --- --of-the contract -tri-yvork-in suiroundmgs-or under conditions---- -- - --- - — -- - supervision of the day-to-day activities of the leased employees; which are unsanitary, hazardous or dangerous to his/her -- - - - -- — - - - - - -- _ - — (2) the prime contractor remains responsible for the quality --- health or-safety,-as-determined-under-consbvc ion safety and - - - - health standards (29 CFR 1926) promulgated by the Secretary of the worts of the leased employees;---- --- ---------of.Labor. (3) thi prime contractor retains all power to accept or in accordance with Section -107 of the Contract Work- -- - Hours and Safety Standards Ad (40 U.S.C. 3704). exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3 it is a condition of this contiraci the payment of piedetormIrM mifftum wages, the submission of payrolls, statements of compliance and all nlhrar FeAnr�l��nmamM..y. that the Secretary of labor or authorized representative thereof, shall have right of entry to any site of contract requirements. hasped ornvestlgate the maller 6f compliance with the construction safety and health to d b b. 'Specialty Items' shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shag furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract 4. No portion of the contract shag be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shag not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is s n a s and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). Vlll. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any fads related to the project is a violation of Federal taw. To prevent any misunderstanding regarding the seriousness of these and similar ads, Form FHWA-1022 shag be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it Is readily available to all persons concerned with the project 18 U.S.C. 1020 reads as follows: 58