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STANDARD SPECIAL PROVISION
<br />REOUII2ED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS
<br />FHWA -1273 Electronic Version -March 10,1994 Zr8
<br />L General
<br />IL Nondiscrimination
<br />III. Nonsegregated Facilities
<br />N. Payment of Predetermined Minimum Wage
<br />V. Statements and Payrolls
<br />Vi. Record ofMaterials, Supplies, and Labor
<br />VII. Subletting or Assigning the Contract
<br />VIII. Safety: Accident Prevention
<br />IX. False Statements Concerning Highway Project
<br />X Implementation of Clean Air Act and Federal blazer Pollution Control Ad
<br />XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
<br />JtiI. Certification Regarding Use of Comract Funds for lobbying
<br />ATTACHIKENTS
<br />A Employment Preference for Appalachian Comracts (included in Appalachian contracts only)
<br />GENERAL.
<br />1. These contras provisions shall apply to all work performed co the contract by the contractors own organisation and with the assistance
<br />of workers under the contractor's immediate superintendent and to all work performed on the contract by piecework, station work, or by
<br />subcontract.
<br />2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these
<br />Required Contract Provisions, and further require their inclusion is a~ lower tier subcontract or purchase order that may in tum be
<br />made. The Required Contract Provisions shall not be incorporated by reference in arty case. The prime contractor shall be responsible
<br />for compliance by any subcontractor or lower tin subcontractor with these Required Contract Provisions.
<br />3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for tern,inaa;on of the
<br />contract,
<br />4. A breach of the following clauses of the Required Contrail Provisions may also be grounds for debarment as provided in 29 CFR 5.12:
<br />Section I, paragraph 2;
<br />Section N, paragraphs 1, 2, 3, 4, and 7;
<br />Section V, paragraphs 1 and 2a through 2g.
<br />5. Disputes arising out of the labor standards provisions of Section N (except paragraph ~ and Section V of these Required Contrail
<br />Provisions shall not be subject to the general disputes clause of this coact Such disputes shall be resolved in aaordance with the
<br />procedures of the U.S. Department of Labor (DOL) as sd forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause
<br />include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractors
<br />employees or then representatives.
<br />6. Selection of Labor. During the peaformance oftbis contract, the contractor shall not
<br />a. dicrrim~nate against labor from any other State, possession, or territory ofthe United States (except for employment preference
<br />for Appalachian contracts, when applicab]e, as specified in Attachment A), or
<br />b. employ convict labor for any purpose within the Iimits of the project unless it is labor performed by convicts who are on
<br />parole, supervised release, or probation.
<br />iZ NONDISCRIMINATION
<br />(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 err more.)
<br />1. Equal Empbyment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative
<br />action to assure equal opportunity as set forth under laws, executive orders, Hiles, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR
<br />ri0) and orders of the Secretary of Labor as modiSed by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
<br />constitute the EEO and specific affirmative action standards for the contrailors project activities under this contract The Equal
<br />Opportunity Construction Contrail Specifications set forth under 41 CFR 60.3 and the provisions of the American Disabilities Act of
<br />1990 (42 U.S.C. 12101 et sue.) set forth under 28 CFR 35 and 29 CFR 1630 aze incorporated by reference in this contract In the
<br />execution of this contrac; the contractor agrees to comply with the following minimum specific requirement activities of EEO:
<br />a. The contractor will work with the State highway agency (SHA) and the Federal Govemmect. is carrying out EEO obligations
<br />and in their review ofhis/her activities render the contract
<br />b. The contractor will accept as his operating policy the following statement
<br />"It is the policy of this Company to assure that applicaois are employed, and that employees are treated during employment,
<br />without regard to their race, religion, sex, color, national origins age or disability. Such action shall include: employment,
<br />upgrading, demotion, or transfer, recnritment or recruitnreffi advertising; layoff or terarination; rates of pay or other forms of
<br />compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training."
<br />2. EEO Officer. The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the
<br />responsibility for and must be capable of effectively administering and promoting an active cofactor program of EEO and who must
<br />be assigned adequate authority and responsibility to do so.
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