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REQUIRED CONTRACT PROVISIONS
<br />FEDERAL -AID CONSTRUCTION CONTRACTS
<br />I. General
<br />It. Nondiscrimination
<br />III. Non -segregated 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 />IX. Implementation of Clean Air Act and Federal Water
<br />Pollution Control Act
<br />X. Certification Regarding Debarment, Suspension,
<br />Ineligibility and Voluntary Exclusion
<br />XI. Certification Regarding Use of Contract Funds for
<br />Lobbying
<br />XII. Use of United States -Flag Vessels:
<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, United States
<br />Code, as required in 23 CFR 633.102(b) (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). 23 CFR
<br />633.102(e).
<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. 23
<br />CFR 633.102(e).
<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) in accordance with 23 CFR 633.102. The
<br />design -builder shall be responsible for compliance by any
<br />subcontractor, lower -tier subcontractor or service provider.
<br />Contracting agencies may reference Form FHWA-1273 in
<br />solicitation -for -bids or request -for -proposals documents,
<br />however, the Form FHWA-1273 must be physically
<br />incorporated (not referenced) in all contracts, subcontracts and
<br />lower -tier subcontracts (excluding purchase orders, rental
<br />agreements and other agreements for supplies or services
<br />related to a construction contract). 23 CFR 633.102(b).
<br />2. Subject to the applicability criteria noted in the following
<br />sections, these contract provisions shall apply to all work
<br />FHWA-1273 — Revised October 23, 2023
<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. 23
<br />CFR 633.102(d).
<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 / 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. 23 U.S.C. 114(b).
<br />The term Federal -aid highway does not include roadways
<br />functionally classified as local roads or rural minor collectors.
<br />23 U.S.C. 101(a).
<br />NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
<br />230, Subpart A, Appendix A; EO 11246)
<br />The provisions of this section related to 23 CFR Part 230,
<br />Subpart A, Appendix A are applicable to all Federal -aid
<br />construction contracts and to all related construction
<br />subcontracts of $10,000 or more. The provisions of 23 CFR
<br />Part 230 are not applicable to material supply, engineering, or
<br />architectural service contracts.
<br />In addition, the contractor and all subcontractors must comply
<br />with the following policies: Executive Order 11246, 41 CFR
<br />Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
<br />of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
<br />Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
<br />2000d et seq.), and related regulations including 49 CFR Parts
<br />21, 26, and 27; and 23 CFR 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 Part 60,
<br />and 29 CFR Parts 1625-1627. The contracting agency and
<br />the FHWA have the authority and the responsibility to ensure
<br />compliance with 23 U.S.C. 140, Section 504 of the
<br />Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
<br />Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
<br />2000d et seq.), and related regulations including 49 CFR Parts
<br />21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
<br />The following provision is adopted from 23 CFR Part 230,
<br />Subpart A, Appendix A, with appropriate revisions to conform
<br />to the U.S. Department of Labor (US DOL) and FHWA
<br />requirements.
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