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OMB Guidance
<br />(D) Davis -Bacon Act, as amended (40 U,S,C.
<br />31414149). Whan required by Federal program
<br />legislation. all prime construction contracts
<br />In excess of S2,ODD awarded by non -Federal
<br />entitles must include a provision for rompli-
<br />ance witb the Davis -Saco¢ Act (40 U.S.C,
<br />3141-3144, and 2146-3'190) as suppleinented by
<br />Department of Labor regulations, (M CFR
<br />Part o, "Labor Standards Provisions Appli-
<br />cable to Contracts Coveting Federally Pi -
<br />danced and Assisted Construction"), In ac-
<br />cordance with the statute, contractors must
<br />be required to pay Rages to laborers and me-
<br />chanlos at a rate not fess than the prevailing
<br />wages specified in a wage determination
<br />made by the Sacretary of Labor. In addition.
<br />contractors must be, required to pay wages
<br />not less than once a weak. The non-PederaI
<br />entity must, place a copy of the current pre-
<br />vailing wage detorubtation issued by the De-
<br />partment of Labor in each solicitation. The
<br />decision to award a contract or subcontract
<br />must be conditioned upon the acceptance of
<br />the wags determination, The non -Federal en-
<br />tity must report all suspact6d ,or reported
<br />violations to the Federal awarding agency,
<br />The, contracts must also Include a provision
<br />for compliance with the Copeland "Antl-
<br />Kickback" Act (40 U,S,C, 2145), as suppl&
<br />manted by Departnnent of Labor r6gulatl6ns
<br />(2D CFR Part 3, -'Contractors and Sub=
<br />contractors on Public Building or Public
<br />Work Financed in Whole or in Part by Loans
<br />or Grants from the United States"), The Act
<br />provides that each 'contractor or sub-
<br />raciplant must be prohibited from inducing,
<br />by any means, any parson employed in the
<br />construction, completion, or repair of public;work, to give up any part of the.compensa.-
<br />tion to which he or she is otherwise antltled.
<br />The non-Federal,antity must report all,sus-
<br />pacted or reported violations to the Paderal
<br />awarding agency -
<br />(E) Contract Work Hours and Safety
<br />Standards Act (40 U.S.C. 3701 -MR), Where
<br />appllcabie, all contracts awarded b` the non -
<br />Federal entity in excess of $100,0M that in-
<br />volve the emplo_vmznt of me chazd6s or labor-
<br />ers must include a provision for compliance
<br />.with 4D U.S.C. 3702 and 3700 as 'supplemented
<br />by Department of Labor regulations (20. CFR
<br />Part 5). Under 40 U.S.O. 3-jM of the Act. each
<br />contractor must be required to compute the
<br />wages of every mechanic and latarar on the
<br />psis of a standard work week of 49 hours,
<br />Work in excess of the standar(i work weak is
<br />.
<br />permissible provided that the worker is'com-
<br />pansated at a rata of not loss than one and a
<br />half times the basic rate of pay for�all hours
<br />worked in excess of 40 hours in the work
<br />week. Tha'rsquirements of 40 U.S.C. 3704 are
<br />applicable to construction work and provide
<br />that no laborer or mechanic 'must be re-
<br />quired to work In surroundings or under
<br />working conditions which are unsanitary,
<br />hazardous or dangerous, These requirements
<br />do not apply to the, purchases of supplies or
<br />Pt. 200, APP. II
<br />materials or articles ordinarily available on
<br />the open market, or contracts for trampor-
<br />tation or transmission of intelligence.
<br />(F)Rights to Inventions -Made Under a
<br />Contract or Agreement, If the Federal award
<br />meets the definition of "fundin agreement"
<br />under 27 CFR §101.2 (a) and the recipient or
<br />subreciplent wishes to enter Into a contract
<br />with a small business firm or nonprofit orga-
<br />nization regarding the substitution of par-
<br />ties, assignment or 'performance of expert -
<br />mental, developmental; or research work
<br />under that "funding agraement," the recipi-
<br />out or suirrecipient must comply with the re-
<br />quirements. of 37 CFR Part 402, "Rights to In-
<br />ventions Made by Nonprofit Organizations
<br />and Small Business Firms Under Govern-
<br />mant Grants, Contracts and Cooperative
<br />Agreements." and any implementing resmla-
<br />tiahs issued by the awarding.agency.
<br />(G) Clean Air Act (LL4 U,S,C- 7401-767iq-) and
<br />tha.Pedaral water Pollution Control Act (33
<br />U_3.C. 12u1=1367), as amended—Contracts and
<br />subgrants of amountsin excess of $150,000
<br />must -contain a provision that requires the
<br />non -Federal award to agree td eomply,wlth
<br />all 'applicable standards, orders or regula-
<br />tions issued pursuant.to the Clean Air Act
<br />(42 U.5,0: 7441 767Iq) and the Federal Water
<br />Pollution Control Act as amended (33 U.S.G,
<br />13b1-1397). Violations must be reported to the
<br />Federal'awarding agency and the Regional
<br />Office of the Envlronmental' Protection
<br />Agency (WA).
<br />(H) Mandatbry standards and policies re-
<br />iating th anergy effic*6y which are con-
<br />talned in iiia stAti? matey consan�ation plan
<br />Issued In- compliance with the Energy Policy
<br />and Conservation Act (42,U,S.C. S20I),
<br />(I)'Dabarmant .and Suspension (Executive
<br />Orders 12549and 12699)—A contract• award
<br />(see 2 CFR HIM) must not be made to par-
<br />ties listed on the gogerumeutwide.Excluded
<br />Parties.Llst.Systern in the System for Award
<br />Management {5454), in accordance with the
<br />OMB s'oidelines at'2 CPR 190 that implement
<br />Executive Orders -12540 (3 CFR Part 1996
<br />Comp., p_ 109) and I= (3 CFR Part 1099
<br />Camp:, p. 235), "Debarment and Suspension,"
<br />The Egeluded Parties List Systam in SAM
<br />contains the names of parties debarred, sus-
<br />pend§d, or otherwise excluded by agencies, as
<br />well as parties deuliired meligibla under stat
<br />utery or itgulatory anthority other than Ex-
<br />ecutive order 12549, .
<br />(.I) Byrd Alfa -Lobbying Amendment {31
<br />U.S.C. 13a?`r—Contractors that apply or bid
<br />for an award of SSOO;000 or more must file the
<br />required certification. Each tier certifies to
<br />the tier 'above that it will not and has net
<br />used Federal appropriated funds to pay any
<br />person or organization for influencing or at-
<br />tempting to influence an officer or employee
<br />of any agency, a member of Congress, officer
<br />or employes of Congress, or. an employee of a
<br />member of Congres's in comiaction with ob-
<br />taining adv Federal contract, grant or any
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