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OMB Guidance Pt.200,App.11 tD)parts-Bacon Act.as amended(40 U.S.C. materials or articles ordinarily avmlable on 3111-3119).When required by Federal program the open market. or contracts for Uanspor- legislation-all gime construction contracts tatlon or transmission of Intelligence- in excess of 51000 awarded by non-Federal W) Rights to Inventions Made Under a entitles must Include a provision for compli- Contract or Agreement.if the Federa[award ante with the Davis-Bacon Act (40 U.S-C- meets the definition of"fundinz agreement" 3141-3144-and 314631461 as supplemented by under 3;CFR 1101.2 u)and the recipient or Department of tabor regulations 129 CPR sabreciptent wtshess to enter Into a contract Part 3, "labor Standards Provisions Apply- with a small business firm or nonprofit orga- cable to Contracts Covering Federally Fi- nization regarding the substitution of par- nanced and Assisted Constructton"). In ac- ties, assignment or performance of experi- cordanca with the statute,contractors must mental- developmental. or research work be required to pay wages to laborers and me- under that"funding agroement"the recipi- chanics at a rate not less than the prevailing ent or subrecipient must comply with the re- wages specified in a wage determination guirements of 37 CFR Part.401."Rights to In- made by the Secretary of Labor.In addition- venuons bade by Nlonproilt Organizations contractors mast be required to pay wages and Small Business Firms Under Govern- not less than once a week-The non-Federal ment Grants. Contracts and Cooperative entity must place a copy of the current pro- Agreements-"and any implementing regula- railing wage determination issued by the De- tions issued by the awarding agency. partment of Labor in each solicitation.Thu tG)Clean air Act(42 U.S.C.7.101-7G71q.)and decision to award a contract or subcontract the Pedeml Water Pollution Control Act 133 must be conditioned upon the acceptance of U.S-C-1251-1367).as amended—Contracts and the wage determination-The non-Federal en- subgrants of amounts in excess of 5150.000 tdty must report all suspected or reported must contain a provision that requires the violations to the Federal awarding agency_ non-Federal award to agree to comply with The contracts must also include a provision all applicable standards. orders or regala- for compliance with the Copeland "Anti- tions issued pursuant to the Clean Air Act. Kickback" Act (40 U.S.C. 31451. as supple- (L U.S.C.74D14V71g1 and the Federal Neater mented by Department of Labor regulations Pollution Control Act as amended 133 U-S.C. ±29 CFR Part 3. 'Contractors and Sub- 1251-1397).Violations must be reported to the contractors on Public Building or Public Federal awarding agency and the Reglonal Work Financed in Whole or in Part by Loans Office of the Enitronmental Protection or Grants from the United States").The Act Agency nl3PA1. provides that each contractor or sub- ill) Mandatory standards and policies re- recipient must be prohibited from inducing- lating to energy efficiency which are con- by any means, arty person employed in the twined in the state energy conservation plan construction,completion.or repair of public issued in compliance with the Ener:y Policy work. to give up env part of the compensa- and Conservation Act(42 U.S.C.CD4 tion to which he or she Is otherwise entitled, fI) Debarment and Suspension (Ezecut4ve The non-Federal entity must report all sus- Orders 1$19 and 1%801—A contract• award potted or reported violations to the Federal (see 2 CFR 190-22DI must not be made to par- awanlina agency. ties listed on the zovernmentwide Excluded (E) Contract Work Hours and Safety Parties List System in the System for Award Standards Act (40 U.S,C. 3701-709). Where blanagement iSAM).in accordance with the applicable,all contracts awarded by the non- OMB guidelines at 2 CFR 180 that Implement. Federal entity in excess of SIW,000 that in- Executive Orders 12519 0 CPR Part 1986 volve the employment•of mechanics or labor- Comp.. p 169) and 12M (3 CPR Part 1989 ers must Include a provision for compliance Comp.,p.235),"Debarment and Suspension." with 40 U.S-C.3702 and 3701,as supplemented The Excluded Parties tdst System In &Jkm by Department of I zbor regulations 129 CPR contains the names of parties debarrkL sus- Part 51.Under 40 U,S.C.3202 of the Act,each pended,or otherwise excluded by aitencles.as contractor must be required to compute the well as parties declared ineligible under stat' wages of every mectanie and laborer on the utory or regulatory authority other than Ex- basis of a standard work week of 40 hours, ecut-wo Order 12349, Work In cxce_�of the standard work week is 1J) Byrd Anti-Lobby"¢ Amendment i31 permissible provided that the worker is com- U.Sk-C. 1353r--Contractors that apply or bid pensated at a rate of not less than one and a for an award of 5100.000 or more must Ale the half times the basic rate of pay for all hours required certification. Each tier certifies to worked in excess of 4D hours in the work tho tier above that It will not and has not week,The requirements of 40 U.S,C.3704 are used Federal appropriated funds to pay any applicable to construction work and provide person or organization for influencing or it- that no taborer or mechanic must• be re- tempting to influence an officer or employee quired to work in surroundings or under of any agency.a member of Congress.officer working conditions which are unsanitary- or employee of Congress.or an employee of a hazardous or dangerous.Thaso requirements member of Congress in connection with ob- do not apply to the purchases of supplies or tainlnx any Pederal contract. grant or env 195 49 I