All contracts under Federal Grants awarded by 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.E. 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 * 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 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.
9.
Access to Records
See White House Office of Management & Budget Circular A-110.48(d).
THIS ORDER IS ISSUED UNDER AND GOVERNED BY
THE LAWS OF THE STATE OF TEXAS.
