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REQUIRED CONTRACT PROVISIONS
<br />FEDERAL -AID CONSTRUCTION CONTRACTS
<br />I. General
<br />II. Nondiscrimination
<br />III. Nonsegregated Facilities
<br />IV. Davis -Bacon and Related Act Provisions
<br />V. Contract Work Hours and Safety Standards Act
<br />Provisions
<br />VI. Subletting or Assigning the Contract
<br />VII. Safety: Accident Prevention
<br />VIII. False Statements Concerning Highway Projects
<br />X Implementation of Clean Air Act and Federal Water
<br />Pollution Control Act
<br />X. Compliance with Governmentwide Suspension and
<br />Debarment Requirements
<br />XI. Certification Regarding Use of Contract Funds for
<br />Lobbying
<br />ATTACHMENTS
<br />A. Employment and Materials Preference for Appalachian
<br />Development Highway System or Appalachian Local Access
<br />Road Contracts (included in Appalachian contracts only)
<br />I. GENERAL
<br />1. Form FHWA-1273 must be physically incorporated in each
<br />construction contract funded under Title 23 (excluding
<br />emergency contracts solely intended for debris removal). The
<br />contractor (or subcontractor) must insert this form in each
<br />subcontract and further require its inclusion in all lower tier
<br />subcontracts (excluding purchase orders, rental agreements
<br />and other agreements for supplies or services).
<br />The applicable 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 shall be responsible for compliance by any
<br />subcontractor, lower -tier subcontractor or service provider.
<br />Form FHWA-1273 must be included in all Federal -aid design -
<br />build contracts, in all subcontracts and In lower tier
<br />subcontracts (excluding subcontracts for design services,
<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 -tier subcontractor
<br />or service provider.
<br />Contracting agencies may reference Form FHWA-1273 in bid
<br />proposal or request for proposal documents, however, the
<br />Form FHWA-1273 must be physically incorporated (not
<br />referenced) in all contracts, subcontracts and lower -tier
<br />subcontracts (excluding purchase orders, rental agreements
<br />and other agreements for supplies or services related to a
<br />construction contract).
<br />2. Subject to the applicability criteria noted in the following
<br />sections, these contract provisions shall apply to all work
<br />performed on the contract by the contractor's own organization
<br />and with the assistance of workers under the contractor's
<br />immediate superintendence and to all work performed on the
<br />contract by piecework, station work, or by subcontract.
<br />ATRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J,R. SMITH, CLERK
<br />FHWA-1273 -- Revised May 1, 2012
<br />3. A breach of any of the stipulations contained in these
<br />Required Contract Provisions may be sufficient grounds for
<br />withholding of progress payments, withholding of final
<br />payment, termination of the contract, suspension 1 debarment
<br />or any other action determined to be appropriate by the
<br />contracting agency and FHWA.
<br />4. Selection of Labor. During the performance of this contract,
<br />the contractor shall not use convict labor for any purpose
<br />within the limits of a construction project on a Federal -aid
<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 rural minor collectors.
<br />II. NONDISCRIMINATION
<br />The provisions of this section related. to 23 CFR Part 230 are
<br />applicable to all Federal -aid construction contracts and to all
<br />related construction subcontracts of $10,000 or more. The
<br />provisions of 23 CFR Part 230 are not applicable to material
<br />supply, engineering, or architectural 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, the
<br />Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
<br />of the 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: the
<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 />Construction 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 1625-1627. The contracting agency and the FHWA have
<br />the authority and the responsibility to ensure compliance with
<br />Title 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 />1964, as amended, and related regulations including 49 CFR
<br />Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
<br />The following 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 FHWA requirements.
<br />1. Equal Employment Opportunity: Equal employment
<br />opportunity (EEO) requirements not to discriminate and to take
<br />affirmative action to assure equal opportunity as set forth
<br />under laws, executive orders, rules, regulations (28 CFR 35,
<br />29 CFR 1630, 29 CFR 1625-1627, 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 affirmative
<br />action standards for the contractor's project activities under
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