Appendix A to Part 34 - Contract Provisions
32:1.1.1.3.9.5.6.1.5 : Appendix A
Appendix A to Part 34 - Contract Provisions
All contracts awarded by a recipient, including those for
amounts less than the simplified acquisition threshold, shall
contain the following provisions as applicable:
1. Equal Employment Opportunity - All contracts shall
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.
3145) - All contracts and subawards 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 he is otherwise entitled. The
recipient shall report all suspected or reported violations to the
responsible DoD Component.
3. Contract Work Hours and Safety Standards Act (40 U.S.C.,
chapter 37) - 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 shall
include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C., chapter
37), 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.
4. Rights to Inventions Made Under a Contract, Grant or
Cooperative Agreement - Contracts, grants, or cooperative
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.”
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 $150,000 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 responsible DoD Component 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 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.
7. Debarment and Suspension (E.O.s 12549 and 12689) - A
contract award with an amount expected to equal or exceed $25,000
and certain other contract awards (see 2 CFR 1125.220, which
implements OMB guidance at 2 CFR 180.220) shall not be made to
parties identified in the Exclusions area of the System for Award
Management (SAM Exclusions) as being currently debarred, suspended,
or otherwise excluded. This restriction is in accordance with the
DoD adoption at 2 CFR part 1125 of the OMB guidance implementing
E.O.s 12549 (3 CFR, 1986 Comp., p. 189) and 12689 (3 CFR, 1989
Comp., p. 235), “Debarment and Suspension.”
8. Wage Rate Requirements (Construction), formerly the Davis
Bacon Act. When required by Federal program legislation, you
must take the following actions with respect to each construction
contract for more than $2,000 to be awarded using funding provided
under this award:
a. Place in the solicitation under which the contract will be
awarded a copy of the current prevailing wage determination issued
by the Department of Labor;
b. Condition the decision to award the contract upon the
contractor's acceptance of that prevailing wage determination;
c. Include in the contract the clauses specified at 29 CFR
5.5(a) in Department of Labor regulations (29 CFR part 5, “Labor
Standards Provisions Applicable to Contracts Governing Federally
Financed and Assisted Construction”) to require the contractor's
compliance with the Wage Rate Requirements (Construction), as
amended (40 U.S.C. 3141-44, 3146, and 3147); and
d. Report all suspected or reported violations to the award
administration office identified in this award.
9. Fly America requirements. In each contract under which
funds provided under this award might be used to participate in
costs of international air travel or transportation for people or
property, you must include a clause to require the contractor
to:
a. Comply with the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. 40118, also known as
the “Fly America” Act), as implemented by the General Services
Administration at 41 CFR 301-10.131 through 301-10.143, which
provides that U.S Government financed international air travel and
transportation of personal effects or property must use a U.S. Flag
air carrier or be performed under a cost sharing arrangement with a
U.S. carrier, if such service is available; and
b. Include the requirements of the Fly America Act in all
subcontracts that might involve international air
transportation.
10. Cargo preference for United States flag vessels. In
each contract under which equipment, material, or commodities may
be shipped by oceangoing vessels, you must include the clause
specified in Department of Transportation regulations at 46 CFR
381.7(b) to require that at least 50 percent of equipment,
materials or commodities purchased or otherwise obtained with
Federal funds under this award, and transported by ocean vessel, be
transported on privately owned U.S. flag commercial vessels, if
available.
[63 FR 12204, Mar. 12, 1998, as amended at 70 FR 49477, Aug. 23,
2005; 72 FR 34998, June 26, 2007; 85 FR 51245, Aug. 19, 2020]