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SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY
<br />The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified
<br />in Section G: Federal Fund Information.
<br />A. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. 60, all contracts that meet the definition of
<br />"federally assisted construction contract"in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41
<br />C.F.R. § 60-1.4(b), in accordance with Executive Order 11246, 'Equal Employment Opportunity' (30 Fed. Reg. 12319, 12935, 3
<br />C.F.R. 1964, 1965 Camp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
<br />Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs,
<br />Equal Employment Opportunity, Department of Labor."
<br />Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for
<br />construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the
<br />Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant
<br />to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof
<br />approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in
<br />the construction work. (41 C.F.R. § 60-1.3)
<br />Construction work means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
<br />highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes
<br />the supervision, inspection, and other onsite functions incidental to the actual construction. (41 C.F.R. § 60-1.3)
<br />B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction
<br />contracts in excess of $2,000 awarded by non -Federal entities (sponsors) must include a provision for compliance with the
<br />Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
<br />'Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'.
<br />In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the
<br />prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to
<br />pay wages not less than once a week. The non -Federal entity (sponsor) must place a copy of the current prevailing wage
<br />determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be
<br />conditioned upon the acceptance of the wage determination. The non -Federal entity (sponsor) must report all suspected or
<br />reported violations to the Federal awarding agency identified in Section G: Federal Fund Information.
<br />The contracts must also include a provision for compliance with the Copeland 'Anti -Kickback" Act (40 U. S. C. 3145), as
<br />supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public
<br />Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or
<br />subrecipient (sponsor) must be prohibited from inducing, by any means, any person employed in the construction, completion, or
<br />repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity
<br />(sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section G: Federal Fund
<br />Information.
<br />C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). 708). Where applicable, all contracts awarded by the
<br />non -Federal entity (sponsor) in excess of $100,000 that involve the employment of mechanics or laborers must include a
<br />provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).
<br />Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the
<br />basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is
<br />compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
<br />work week.
<br />The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be
<br />required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements
<br />do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
<br />transportation or transmission of intelligence.
<br />D. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of "funding agreement'
<br />under 37 C.F.R § 401.2(a) and the recipient or subrecipient (sponsor) wishes to enter into a contract with a small business firm or
<br />nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or
<br />research work under that 'funding agreement," the recipient or subrecipient (sponsor) must comply with the requirements of 37
<br />C.F.R Part 401, `Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
<br />Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
<br />E. Clean Air Act (42 U.S.G. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as Amended.
<br />Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to
<br />agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q)
<br />and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
<br />awarding agency identified in Section G: Federal Fund Information and the Regional Office of the Environmental Protection
<br />Agency (EPA).
<br />RCO 16-1860C Page 16 of 23
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