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REQUIRED CONTRACT PROVISIONS
<br />FEDERAL --AID CONSTRUCTION CONTRACTS
<br />I. General
<br />II. Nondworirnination
<br />III, Nonsegregated Facilities
<br />IV. Davis -Baan and Related Act Provisions
<br />V. Contract Work Hours arid 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 Cleary Air Act and Federal Water
<br />Pollution Control Act
<br />X. Compliance with Governmentwide Smponxlon 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 l-tighway System or,Apaalachlan Local Accoss
<br />Road Contracts Qdciuded in Appalachian contracts only)
<br />1. GENERAL
<br />1. Foran FFIWA-1273 must be physically incorporated in each
<br />construction contract funded under'fitle 23 (excluding
<br />emergency eontiaots solely intended for debris removal). 'rho
<br />contractor (or subcontractor) roust 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-1?73 arra
<br />incoporoted by reference for work done under any purchase
<br />order, rental agreement or agreement for other services. 'Tho
<br />prime contractor shall be responsible for compliance by any
<br />subcontractor, lowerd'ier subcontractor or service provider.
<br />Forte 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 agrecmments 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 />Foran FHWA-1273 must be physically incorporated (not
<br />referenced) In all contracts, subcontracts and lower -tier
<br />subcontract, (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 rioted In the following
<br />sections, these contract provisions shell 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 />FHWA-1273 -- Revised May 1, 2012
<br />3. A breach of any or 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. The term Federal -aid
<br />highway does not include roadways functionally classified as
<br />local roads or rural minor collectors.
<br />11, NONDISCRIMINATION
<br />The provisions of this section related to 23 CFR Part 230 are
<br />applicable to all Fed vrahaid construction contracts and to all
<br />related construction subcontracts of $70,000 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 />Rehab lliaten Act of 1973, as amended (29 USG 794), Title Vi
<br />of the Civil Rights Act of 1064, as amended, and related
<br />reguVations including 49 CFR Parts 21, 26 and ?7 and 26 CFR
<br />Parts 200, 23p, and 633.
<br />-rhe contractor and all subcontractors must comply with: the
<br />requirements of the Equal Opportunity Clause In 41 CFR e0 -
<br />I A(b) and, for all conehuction 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 Inducing 41 GFR 60, and 29
<br />CFR 1626-1627, 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 (U5 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, ruies,-regulations (28 CFR 36,
<br />2.P CFR 1630, 29 CFR 1626-1627, 41 CFR 60 and 49 CFR 27)
<br />and orders of the Secretary of Labor as modified by the
<br />provisions proscribed harsh), and imposed pursuant to 23
<br />U.S.C. 140 shall constitute the EEO and speoific of irmative
<br />action standards for the contracter's project activities under
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