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62 OMB Guidance (C) Equal Employment Opportunity. Ex- oept as otherwise provided under 41 CFR Part 60, all contracts that meet the defini- tion of "federally assisted construction con- tract" In 41 CFR Part 6043 most include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Oppor- tunity" (30 FR IM19, 12935. 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11376, "Amending Executive Order 11246 Relating to Equal Employment Oppor- tunity," and implementing regulations at 41 CFP. -part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Delartment of Labor." (D) Davis -Bacon Act, as amended (40 U.S.O. 3141.148). When required by Federal program legislation, all prime construction contracts in excess of 52,000 awarded by non -Federal entities must include a provision for compli- anus with the Davie -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Appli- cable to Contracts Covering Federally Fi- nanced and Asslsted Construction"). In ac- cordance with the statute, contractors most be required to pay wages to laborer -,sad me- chanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not 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-Federalen- tity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti - Kickback" Act (40 U.S.C. 3145), as supple- mented by Department of Labor regulations (29 CFR Part 3, "Contra tors and Sub- contractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or sub - recipient must be prohibited from inducing. by any means, any person employed in the constroctim, completion, or repair of public work, to give up any part of the compensa- tion to which he 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 Hours and Safety Standards Act (40 U.S.C. 37014708). Where applicable, all contracts awarded by the non - Federal entity in excess of $100,000 that in- volve the employment of mechanics or labor- ena must include a provision for compliance with 40 U.S.C. 3702 sad 3704, as supplemented by Department of Labor regulations (29 CFR Pt. 200, App. II Part 5). Under 40 U.E.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker Is com- pensated at a rate of not less than one and a half titres the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 7704 are applicable to construction work and provide that no laborer or mechanic must be re- quired to work in surroundings or under working conditions which are unsanitary, haw done or dangerous. These requirements do not apply to the porchasrs of supplies or 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" under 37 CFR 5401.2 (a) and the recipient or subrecipieut wishes to enter Into a eoutraot with a. small business firm or nonprofit orga- tuzatlon regarding the substitution of par- ties, assignment or performance of experi- mental, develop- ntal, or research work ander that "funding agreement," the recipi- ent or sahreoipient must comply with the re- quirements of 37 CFF. Part 401, "Rights to In- ventions Made by Nonprofit Organizations and Small Business Firms Under Govern- ment Grants, Contracts and Cooperative Agreements," and say implementing regula- tions issued by the awarding agency. (C). Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of 3160,000 must contain a proidslon 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. 74014671() and the Federal Water Pollution Control Act as amended (33 U.S.C. 1261 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (iD Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must mot be made to par- ties listed on the goverumentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guide- lines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp:, P. 189) and MM (3 CFR part 1989 Comp., P. 236), "Debarment and Suspension." SAM Exclu- sions contains the nines of parties debarred, suspended, or otherwise excluded by agen- cles, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 1:2549. (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352j—Contractors that apply or bid 201