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<br />REQUIRED CONTRACT PROVISIONS
<br />FEDERAL -AID CONSTRUCTION CONTRACTS
<br />I. General
<br />II. Nondisabninallon
<br />III. Nonsegregated Facilities
<br />IV. Davis -Bacon and Related Act Provisions
<br />V. Contract Work Haws end Safety Standards Act
<br />Provisions
<br />VI. Subletting orAsslgning the Contract
<br />VII. Safety: Accident Prevention
<br />Vill. False Statements Concerning Highway Projects
<br />IX. Implementation of Clean Air Act and Federal Water
<br />Pollution Canbol Act
<br />X. Compliance with Govemmenhvide Suspension and
<br />Debarment Requirements
<br />Xi. Certification Regarding Use of Contract Funds for
<br />Lobbying
<br />ATTACHMENTS
<br />A. Employment and Materiels Preference for Appalachian
<br />Development Highway System or Appalachian Local Access
<br />Road Contracts (included in Appalachian contracts only)
<br />L GENERAL
<br />1. Form FMNA-1273 must be physWily incorporated in each
<br />construction contract funded under We 23 (excluding
<br />emergency contracts coley intended for debris removal). The
<br />contractor (or subcontractor) must insert this form in each
<br />subcontract and father require its Inclusion In all lower tier
<br />subcontracts (excluding purchase orders, rental agreements
<br />and other agreements for supplies or asmices).
<br />The gooeblo 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 shad be responsible for compliance by any
<br />subcontractor, lower -tier subcontractor or service provider.
<br />Form FM X1273 must be included In all Federal -aid design -
<br />build contracts, in all subcontracts and in lower Her
<br />subcontracts (excluding subcontracts for design seMces,
<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, lower -gar subcontractor
<br />or service provider.
<br />Contracting agencies may reference Form FMA -1273 In bid
<br />Proposal or request for proposal documents, trowever, the
<br />Form FHWA 1273 must be physically incorporated (not
<br />referenced) In all Contracts. subcontracts and lower -der
<br />subcontracts (excluding purchase orders. rental agreements
<br />and other agreements for supplies or seivloes related to a
<br />construction contract). L.
<br />2. Subject to the applicability criteria noted Irt the following .
<br />sections, Brest contract provisions shelf appy to all work
<br />performed on the contract by the contractors own orgsntwdon
<br />and with the assistance of worlaers under the contractors
<br />Immediate superintendence and to all work performed on the
<br />contact by piecework, station work; orby suboonbacL.
<br />FHM X1273 — Revised May 1, 2012
<br />3. A breach of any or the stipulations contained in Brew
<br />Required Contract Provisions may be sufficient grounds for
<br />withholding of progress payments, withholding of final
<br />payment, termination of the contract, suspension f debarment
<br />or any other action datemuned to be appropriate by the
<br />contacting agency and FWA.
<br />4. Selection of Labor: During the performance of Oft contract,
<br />The contractor shall not use convict labor for any purpose
<br />within the limits of a construction project on a Feder�adaid
<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 classified as
<br />local roads or Waal minor collectors.
<br />h. NONDISCRIMINATION
<br />The provisions of etre section related to 23 CFR Part 230 are
<br />applicable to all Federal -aid construction contracts and to all
<br />Mated construction subcontracts of $10,000 or more. The
<br />provisions of 23 CFR Pad 230 are not appdcable to material
<br />supply. engineering, or arohRecturel service contracts.
<br />In addition, the contractor and all subcontractors must comply
<br />with the following policies: Executive Order 11246.41 CFR 60,
<br />29 CFR 1625-1627, Title 23 USC Section 140, Bre
<br />Rehabilitation Act of 1973, as amended (29 USC 794), Tide VI
<br />of rine Civil Rights Act of 1964, as amended, and related
<br />regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
<br />Parts 200, 230, and 633.
<br />The contractor and all subcontractors must comply with: an
<br />requirements of the Equal Opportunity Clause In 41 CFR 60-
<br />1.4(b) and, for all construction contracts exceeding $10.000,
<br />the Standard Federal Equal Employment Opportunity
<br />Construcgon 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 16251627. The contracting agency and the FMNA have
<br />the authority and the responsibility to ensure compliance with
<br />TWO 23 USC Section 140, the Rehabilitation Act of 1973, as
<br />amended (29 USC 794), and Title VI of the Civil Rights Act of
<br />1984, as amended, and related regulations includirng 49 CFR
<br />Parts 21, 26 and 27. and 23 CFR Parts 200, 230, and 633.
<br />The fodowing 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 FMA requirements.
<br />1. Equal Employment OpportunNy: Equal employment
<br />opportunity (EEO) requirements not to diecrhntnate and to take
<br />affirmative action to assure equal opportunity as sat forth
<br />WAW taws, executive orders, rules, regulations (28 CFR 35.
<br />29 CFR 1630,29 CFR 16215-1627.41 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 afflrmative
<br />action standards for the oonta"s project adivldes under
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