Appendix B to Subpart D of Part 600 - Contract Provisions
10:4.0.1.3.9.4.25.37.5 : Appendix B
Appendix B to Subpart D of Part 600 - Contract Provisions
All contracts awarded by a recipient, including those for
amounts less than the simplified acquisition threshold, must
contain the following provisions as applicable:
1. Equal Employment Opportunity - All contracts must
contain a provision requiring compliance with E.O. 11246 (3 CFR,
1964-1965 Comp., p. 339), “Equal Employment Opportunity,” as
amended by E.O. 11375 (3 CFR, 1966-1970 Comp., p. 684), “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,”
and as supplemented by regulations at 41 CFR chapter 60, “Office of
Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.”
2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C.
276c) - All contracts and subawards in excess of $2,000 for
construction or repair awarded by recipients and subrecipients must
include a provision for compliance with the Copeland
“Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department
of Labor regulations (29 CFR part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States”). The Act
provides that each contractor or subrecipient must be prohibited
from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any
part of the compensation to which he is otherwise entitled. The
recipient must report all suspected or reported violations to the
responsible DOE contracting officer.
3. Contact Work Hours and Safety Standards Act (40 U.S.C.
327-333) - Where applicable, all contracts awarded by
recipients in excess of $100,000 for construction and other
purposes that involve the employment of mechanics or laborers must
include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333),
as supplemented by Department of Labor regulations (29 CFR part 5).
Under Section 102 of the Act, each contractor is required to
compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a
rate of not less than 1 1/2 times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. Section 107 of
the Act is applicable to construction work and provides that no
laborer or mechanic is required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
4. Rights to Inventions and Data Made Under a Contract or
Agreement - Contracts or agreements for the performance of
experimental, development, or research work must provide for the
rights of the Federal Government and the recipient in any resulting
invention in accordance with 10 CFR 600.325 and Appendix A - Patent
and Data Rights to Subpart D, Part 600.
5. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.), as
amended - Contracts and subawards of amounts in excess of
$100,000 must contain a provision that requires the recipient to
agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (41 U.S.C. 7401
et seq.) and the Federal Water Pollution control act as
amended (33 U.S.C. 1251 et seq.). Violations must be
reported to the responsible DOE contracting officer and the
Regional Office of the Environmental Protection Agency (EPA).
6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) -
Contractors who apply or bid for an award of $100,000 or more must
file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C.1352. Each
tier must also disclose any lobbing with non-Federal funds that
takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the
recipient.
7. Debarment and Suspension (E.O.s 12549 and 12689 -
Contract awards that exceed the simplified acquisition threshold
and certain other contract awards must not be made to parties
listed on nonprocurement portion of the General Services
Administration's Lists of Parties Excluded from Federal Procurement
and Nonprocurement Programs in accordance with E.O.s 12549 (3 CFR,
1986 Comp., p. 189) and 12689 (3 CFR, 1989 Comp., p.
235),“Debarment and Suspension.” This list contains the names of
parties debarred, suspended, or otherwise excluded by agencies, and
contractors declared ineligible under statutory or regulatory
authority other than E.O. 12549. Contractors with awards that
exceed the small purchase threshold must provide the required
certification regarding its exclusion status and that of its
principals.
8. Davis-Bacon Act (40 U.S.C. 276a) - As a general rule,
it is unlikely that the Davis-Bacon Act, which among other things
requires payment of prevailing wages on projects for the
construction of public works, would apply to financial assistance
awards. However, the presence of certain factors (e.g.,
requirement of particular program statutes; title to a construction
facility resting in the Government) might necessitate a closer
analysis of the award, to determine if the Davis-Bacon Act would
apply in the particular factual situation presented.
Appendix B to Part 600 - Audit Report Distributees
10:4.0.1.3.9.6.25.7.7 : Appendix B
Appendix B to Part 600 - Audit Report Distributees
Distributee: Manager, Eastern Region, Office of Inspector
General, U.S. Department of Energy, P.O. Box 1328, Oak Ridge,
Tennessee 37831-1328.
For recipients in: Alabama, Arkansas, Connecticut,
Delaware, District of Columbia, Florida, Georgia, Illinois,
Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New
Jersey, New York, North Carolina, Ohio, Pennsylvania, Puerto Rico,
Rhode Island, South Carolina, Tennessee, Vermont, Virgin Islands,
Virginia, West Virginia, Wisconsin.
Distributee: Manager, Western Region, Office of Inspector
General, U.S. Department of Energy, P.O. Box 5400, Albuquerque, New
Mexico 87115.
For recipients in: Alaska, Arizona, California, Colorado,
Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington,
Wyoming.
[50 FR 42361, Oct. 18, 1985; 51 FR 4297, Feb. 4, 1986]