**Appendix A to Part 49---Contract Provisions**

All contracts, awarded by a recipient including small purchases, 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 he 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 \$2000 for construction contracts and in excess of \$2500 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.

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 small purchase threshold
shall provide the required certification regarding its exclusion status
and that of its principal employees.

## End of Part 49