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VI, SUBLETTING OR ASSIGNING THE, CONTRACT
<br />This provision is applicable to all Federal -aid construction
<br />contracts on the National I fighway System,
<br />1. The contractor shall perform with its own organization
<br />contract work amounting to not less than 30 percent (or a
<br />greater percentage if specified elsewhere In the contract) of
<br />the total original contract price, excluding any specialty items
<br />designated by the contracting agency. Specialty items may be
<br />performed by subcontract and the amount of any such
<br />specialty items performed they be deducted from the total
<br />original contract price before computing the amount of work
<br />required to be performed by the contractors own organization
<br />(23 CFR 63 5.116).
<br />a. The term "perform work with its own organization" refers
<br />10 workers employed or leased by the prime contractor, and
<br />equipment owned or rented by the prime contractor, with or
<br />without operators. Such term does not include employees or
<br />equipment of a subcontractor or lower tier subcontractor,
<br />agents of the prime contractor, or any other assignees, The
<br />term may include payments for the costa of hiring leased
<br />employees from an employee leasing firm meeting all relevant
<br />Federal and State regulatory requirements. Leased
<br />employees may only be included in this tern If the prime
<br />contractor meets all of the following conditions:
<br />(1) the prime centimeter maintains control over the
<br />supervision of the day-to-day activities of the leased
<br />erripioyees;
<br />(2) the prime contractor remahts responsible for the quality
<br />of the work of the leased employees;
<br />(3) the prime contractor raisins 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 />It. "Specialty Items" shalt be construed to be limited to work
<br />that requires highly specialized knowkarrige, alelitles, or
<br />equipment net aminadiy 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 or the overall contract.
<br />2. The contract amount upon which the requirements set forth
<br />in paragraph (1) of Section VI is computed Includes the cost of
<br />material and manufactured products which are to be
<br />purchased or produced by the contractor under She contract
<br />provisions.
<br />3. The contractor shall furnish (a) a competent superintendent
<br />or supervisor who is employed by the firm, hes full authority tc
<br />direct performance of the work in accordance with the contract
<br />requirements, and Is in charge of all construction oporatiorm
<br />(regardless of who performs the work) and (b) such other of Its
<br />own organizational resources (supervision, management, and
<br />engineering services) as the contracting office, determines is
<br />necessary to assure the 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 Oho
<br />contracting officer, of authorized representative, and such
<br />consent when given shall riot 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 rubconiract is
<br />evidenced itr writing and that it contains all pertinent previsions
<br />and requirements of the prime contract.
<br />5. The 30% self -performance requirement of paragraph (1) is
<br />not applicable to design -build contracts; however, contracting
<br />agencies may establish their own self,performance
<br />requirements.
<br />VPI. SAFETY: ACCIPENT PREVENTION
<br />T h 1 s IF r a v i s l a n I s applicable to all Federal-ald
<br />construction contracts and to all related subcontracts.
<br />1. In the performance of this contract the contractor shall
<br />comply with ail applicable Federal, State, and local laws
<br />governing safety, health, and sanitation (23 CFR 636). The
<br />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.
<br />2. It is a condition of this contrac.,t, and shall he made a
<br />condition of each subcontract, which the contractor enters into
<br />pursuant to Oils contract, that the contractor and any
<br />subcontractor shall not permit any employee, In performance
<br />of the comraetrto-work in surroundings or under conditions
<br />which are gnsamtary, hazardous or dangerous to his(her
<br />health at safety, as determined under oonstructim safety and
<br />health standards (29 CFR 1926) promulgated by the Secretary
<br />of Labor, in accordance with Section 107 of the Contract Work
<br />Hours and Safety Standards Act (40 U.S.G, 3704).
<br />3, pursuant to 29 CFR 4926.3, It is a condition of this contract
<br />that the Secretary of labor or authorized representative
<br />thereof, shall have right of antry 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 Flours and Safety Standards Act (40
<br />U.F.C.3704).
<br />Vill, FALSE STATEMENTS CONCERNING HIGHWAY
<br />PROJECTS
<br />T h 1 s p r o v i s i o n I s applicable to all Federal -aid
<br />construction contracts and to all related subcontracts.
<br />In order to assure high quality and durable construction in
<br />conformity wrth approved plans and specifications and a high
<br />degree of raliability art Statements and repre5ontationg made
<br />by engineers, contractors, suppliers, and workers on Fedorpl-
<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 posselo. 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 />slariar acts, Form pHWA-1022 shall be posted on each
<br />Featers°.rid hghway project (23 CFR 635) in one or more
<br />places whore It it, readily available to ail persons concerned
<br />with the project:
<br />18 U.S.C. 1090 reads as follows:
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