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(3) the prime contractor retains all power to accept or
<br />exclude individual employees from work on the project; and
<br />(4) the prime contractor remains ultimately responsible for
<br />the payment of predetermined minimum wages, the
<br />submission of payrolls, statements of compliance and all
<br />other Federal regulatory requirements.
<br />b. "Specialty Items" shall be construed to be limited to work
<br />that requires highly specialized knowledge, abilities, or
<br />equipment not ordinarily available in the type of contracting
<br />organizations qualified and expected to bid or propose on the
<br />contract as a whole and in general are to be limited to minor
<br />components of the overall contract. 23 CFR 635.102.
<br />2. Pursuant to 23 CFR 635.116(a), the contract amount upon
<br />which the requirements set forth in paragraph (1) of Section VI
<br />is computed includes the cost of material and manufactured
<br />products which are to be purchased or produced by the
<br />contractor under the contract provisions.
<br />3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
<br />(a) a competent superintendent or supervisor who is employed
<br />by the firm, has full authority to direct performance of the work
<br />in accordance with the contract requirements, and is in charge
<br />of all construction operations (regardless of who performs the
<br />work) and (b) such other of its own organizational resources
<br />(supervision, management, and engineering services) as the
<br />contracting officer determines is necessary to assure the
<br />performance of the contract.
<br />4. No portion of the contract shall be sublet, assigned or
<br />otherwise disposed of except with the written consent of the
<br />contracting officer, or authorized representative, and such
<br />consent when given shall not be construed to relieve the
<br />contractor of any responsibility for the fulfillment of the
<br />contract. Written consent will be given only after the
<br />contracting agency has assured that each subcontract is
<br />evidenced in writing and that it contains all pertinent provisions
<br />and requirements of the prime contract. (based on long-
<br />standing interpretation of 23 CFR 635.116).
<br />5. The 30 -percent self -performance requirement of paragraph
<br />(1) is not applicable to design -build contracts; however,
<br />contracting agencies may establish their own self -performance
<br />requirements. 23 CFR 635.116(d).
<br />VII. SAFETY: ACCIDENT PREVENTION
<br />This provision is applicable to all Federal -aid construction
<br />contracts and to all related subcontracts.
<br />1. In the performance of this contract the contractor shall
<br />comply with all applicable Federal, State, and local laws
<br />governing safety, health, and sanitation (23 CFR Part 635).
<br />The contractor shall provide all safeguards, safety devices and
<br />protective equipment and take any other needed actions as it
<br />determines, or as the contracting officer may determine, to be
<br />reasonably necessary to protect the life and health of
<br />employees on the job and the safety of the public and to
<br />protect property in connection with the performance of the
<br />work covered by the contract. 23 CFR 635.108.
<br />2. It is a condition of this contract, and shall be made a
<br />condition of each subcontract, which the contractor enters into
<br />pursuant to this contract, that the contractor and any
<br />subcontractor shall not permit any employee, in performance
<br />of the contract, to work in surroundings or under conditions
<br />which are unsanitary, hazardous or dangerous to his/her
<br />health or safety, as determined under construction safety and
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<br />health standards (29 CFR Part 1926) promulgated by the
<br />Secretary of Labor, in accordance with Section 107 of the
<br />Contract Work Hours and Safety Standards Act (40 U.S.C.
<br />3704). 29 CFR 1926.10.
<br />3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
<br />that the Secretary of Labor or authorized representative
<br />thereof, shall have right of entry to any site of contract
<br />performance to inspect or investigate the matter of compliance
<br />with the construction safety and health standards and to carry
<br />out the duties of the Secretary under Section 107 of the
<br />Contract Work Hours and Safety Standards Act (40 U.S.C.
<br />3704).
<br />VIII. FALSE STATEMENTS CONCERNING HIGHWAY
<br />PROJECTS
<br />This provision is applicable to all Federal -aid construction
<br />contracts and to all related subcontracts.
<br />In order to assure high quality and durable construction in
<br />conformity with approved plans and specifications and a high
<br />degree of reliability on statements and representations made
<br />by engineers, contractors, suppliers, and workers on Federal -
<br />aid highway projects, it is essential that all persons concerned
<br />with the project perform their functions as carefully, thoroughly,
<br />and honestly as possible. Willful falsification, distortion, or
<br />misrepresentation with respect to any facts related to the
<br />project is a violation of Federal law. To prevent any
<br />misunderstanding regarding the seriousness of these and
<br />similar acts, Form FHWA-1022 shall be posted on each
<br />Federal -aid highway project (23 CFR Part 635) in one or more
<br />places where it is readily available to all persons concerned
<br />with the project:
<br />18 U.S.C. 1020 reads as follows:
<br />"Whoever, being an officer, agent, or employee of the United
<br />States, or of any State or Territory, or whoever, whether a
<br />person, association, firm, or corporation, knowingly makes any
<br />false statement, false representation, or false report as to the
<br />character, quality, quantity, or cost of the material used or to
<br />be used, or the quantity or quality of the work performed or to
<br />be performed, or the cost thereof in connection with the
<br />submission of plans, maps, specifications, contracts, or costs
<br />of construction on any highway or related project submitted for
<br />approval to the Secretary of Transportation; or
<br />Whoever knowingly makes any false statement, false
<br />representation, false report or false claim with respect to the
<br />character, quality, quantity, or cost of any work performed or to
<br />be performed, or materials furnished or to be furnished, in
<br />connection with the construction of any highway or related
<br />project approved by the Secretary of Transportation; or
<br />Whoever knowingly makes any false statement or false
<br />representation as to material fact in any statement, certificate,
<br />or report submitted pursuant to provisions of the Federal -aid
<br />Roads Act approved July 11, 1916, (39 Stat. 355), as
<br />amended and supplemented;
<br />Shall be fined under this title or imprisoned not more than 5
<br />years or both."
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