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OMB Guidance (D) Davis.Bacon Act. as amended (10 U.S:C. 3191-3148). When required b. Federal program legislation. all prima construction contracts to excess of 52.E awarded by non -Federal entities must Include a provision for compli- ance with the Dace -flacon Act 140 U.S.C- 3141-3114. and 314G-2148) as supplemented by Department, of Labor regulations f CFR Part 5. "Labor Standards Provisions Appli- cable to Contracts Covering Federally P1- nanced and Assisted Construction"). in ac- cordance with the ttute. contractors mast he required to pay wages to laborers and me- chanics at a rate not less than the prevailing wagon specified in a wage determination made by the Secretary of Labor. In addition. contractors must be required to pay wages nor. less than once a week. The non -Federal entity must place a copy of the current pre- vailing wage determination Issued by the De- partment of Labor In each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal en- tity* must report all suspected or reported violations to the Pederal awarding agency. Tho contracts must also Include a provision for compliance with the Copeland -Anti- Kickback" Act (40 U.S.C. 31451. as supple- mented by Department of Labor re;ulatlons { CPR Part. 3. "Contractors and Sub- contractors on Public Building or Public Work Financed In Whole or in Part by (mans or Grants frons the United States"). The Act provides that each contractor or sub- reinplent must be prohibited from inducing. by any means. any person employed in the construction. completion. or repair of public work. to ¢rye up any part. of the compensa- tion to which be or she Is otherwise entitled. The non -Federal entity must report all sus- pected or reported violations to the Federal awarding agency. (E) Contract Work Boars and Safety Standards Act (40 U.S.C. 3701$709). Where applicable. all contracts awarded by the non- Federii entity in excess of 5100.000 that in- volve the-emplovmoni of mechanics or labor- ers must-tnclude a provision for compliance with 40 U.S.C. 3702 a.nd 3704. as supplemented by Depart.msnt of Labor regulations CPR Part 5). Linder 10 U.S.C. 370^ of the Act. each contractor met be required to compute the wallies of every mechanic and laborer on the basis of a standard work week of 40 hours. WorkIn excess of the standard work wook is permissible providod that tho worker is com- pensated at a rata of not less than ono and a half times the basic rale of pry for all hours worked to excess of 40 hour: ui the work wink. The re-quiremonts of 40 U.S.C.. 3701 are a,plicable to construction work and provide that no laborer no mechanic must. bo re- quired to work In s-urruundines or under working conditions which are unsanitary. h.•tznrdous or dangerous. These requirements de not apply to the purchases. of supplies or 47 Pt. 200, App. 11 materials or articles ordinarily available on the open market. or contracts for transpor- tation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement- ander _ementi'ander 27 CFR 14012 (a) and the recipient or subreciplent wishes to enter Into a contract with a small business firm or nonprofit orga- nization' regarding the substitution of par- va. assignment or performance of experi- mental- developmental- or research work under that "funding a¢tn'rnent." the recipi- ent or subreciplent must comply with the re- quirements of 37 CFR Part 401. "Rights to In- ventions Made by Nonprofit Organization and Small Busines Firms Under Govern- ment Grants. Contracts and Cooperative Agreements." and any implementing regula- tions issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Pederal Water Pollution Control Act (33 U.S.C. 1251-1387). as amended—Contracts and subgrants of amounts in 0308.,' of 5150.000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards. orders or regula- tions Issued pursuant to the Clean Air Act (42 U.S.C. 7401-7{71q) and the Federal Water Pollution Control Act, as amended (32 C.S.C. 1251-1387). Violations must be reported to the Federal awarding sconce, and the Regional Office of the Environmental Protection Agency !EPA). (7i) Mandatory standards and pohcles re- lating to energy efficiency which aro con- tained to tho state energy conservation plan issued In compliance with the Energy Policy and Conservation Act (42 U.S.C. 1i21t). (I) Debarment and Suspension (Executive 'Orders 12510 and 12689)—A contract award (sea 2 CFR 180220) must not be made to par- ties listed on the governntentwide cluded Parties List System In the System for Award Management (SAM). in accordance with the OMB guidelines at 2 CFR 180 that Implement Executive Orders -F.1540 (3 CPR Part 1986 Comp.. p. 189) and 11 (3 CFR- Part 1989 Comp.. R 2"41. "Debarment and Suspension." The Excludod Parties List System In SAM contains the names of parties debarred. sus- pended. or othorwiso excluded by agencies. as welLas parties declared ineligible under stat- utory or regulatory authority Other than Ex- ectrtave Order 12519. 0) Byrd Anti -Lobbying Arnendment (31 U.S.C. 133)—Contractors that apply or bid for an award of 5100.000 or more must- file the requlral eerllftcat•ton. }nch tier certifies to the tier above (.bat. It will not and has riot. used Poderal appropriated funds to pay any person or or_antzataan for influencing or at- tempting W influeneo an officer or employee of any agency. a member of Conurc_ax officer or employee of Congress. or an employee of a member of Congress In connection with ob- talning any Federal contract, grantor any 195 P89