Appendix A to Part 95 - Contract Provisions
29:1.1.1.1.45.4.101.5.16 : Appendix A
Appendix A to Part 95 - Contract Provisions
All contracts, awarded by a recipient including simplified
acquisitions, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall
contain a provision requiring compliance with E.O. 11246, “Equal
Employment Opportunity,” as amended by E.O. 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,”
and as supplemented by regulations at 41 CFR part 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 subgrants in excess of $2000 for
construction or repair awarded by recipients and subrecipients
shall 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 shall 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 one is otherwise entitled. The
recipient shall report all suspected or reported violations to the
Federal awarding agency.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) -
When required by Federal program legislation, all construction
contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis-Bacon
Act (40 U.S.C. § 276a to a-7) and as supplemented by Department of
Labor regulations (29 CFR part 5, “Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted
Construction”). Under this Act, contractors shall be required to
pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall be required to
pay wages not less than once a week. The recipient shall place a
copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a
contract shall be conditioned upon the acceptance of the wage
determination. The recipient shall report all suspected or reported
violations to the Federal awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. §
327-333) - Where applicable, all contracts awarded by
recipients in excess of $2,000 for construction contracts and in
excess of $2,500 for other contracts that involve the employment of
mechanics or laborers shall 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 shall be 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 shall be
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.
5. Rights to Inventions Made Under a Contract or
Agreement - Contracts or agreements for the performance of
experimental, developmental, or research work shall provide for the
rights of the Federal Government and the recipient in any resulting
invention in accordance with 37 CFR part 401, “Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any
implementing regulations issued by the awarding agency.
6. 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 subgrants of amounts in excess of
$100,000 shall 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 (42 U.S.C. § 7401
et seq.) and the Federal Water Pollution Control Act as
amended (33 U.S.C. § 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency (EPA).
7. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) -
Contractors who apply or bid for an award of $100,000 or more shall
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 shall also disclose any lobbying 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. See 2 CFR part 2998.
8. Debarment and Suspension (E.O.'s 12549 and 12689) - No
contract shall be made to parties listed on the General Services
Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.'s 12549 and
12689, “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 simplified acquisition threshold shall provide the
required certification regarding its exclusion status and that of
its principal employees.
[59 FR 38271, July 27, 1994, as amended at 72 FR 37104, July 9,
2007; 81 FR 25587, Apr. 29, 2016]