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C. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all
<br /> contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3
<br /> must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4(b), in accordance with
<br /> Executive Order 11246, Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part,
<br /> 1964-1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246
<br /> Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office
<br /> of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor).
<br /> See 2 C.F.R. Part 200, Appendix II, paragraph C.
<br /> 1. Federally Assisted Construction Contract.The regulation at 41 C.F.R. §60-1.3 defines a
<br /> "federally assisted construction contract"as any agreement or modification thereof between
<br /> any applicant and a person for construction work which is paid for in whole or in part with funds
<br /> obtained from the Government or borrowed on the credit of the Government pursuant to any
<br /> Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken
<br /> pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
<br /> or any application or modification thereof approved by the Government for a grant, contract,
<br /> loan, insurance, or guarantee under which the applicant itself participates in the construction
<br /> work.
<br /> 2. Construction Work.The regulation at 41 C.F.R. § 60-1.3 defines"construction work" as the
<br /> construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
<br /> highways, or other changes or improvements to real property, including facilities providing
<br /> utility services. The term also includes the supervision, inspection, and other onsite functions
<br /> incidental to the actual construction.
<br /> D. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).When required by federal program
<br /> legislation, all prime construction contracts in excess of$2,000 awarded by non-federal entities
<br /> (Sponsors) must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3148)
<br /> as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions
<br /> Applicable to Contracts Covering Federally Financed and Assisted Construction").
<br /> In accordance with the statute, contractors must be required to pay wages to laborers and mechanics
<br /> at a rate not less than the prevailing wages specified in a wage determination made by the Secretary
<br /> of Labor. In addition, contractors must be required to pay wages not less than once a week. The
<br /> non-federal entity(Sponsor) must place a copy of the current prevailing wage determination issued by
<br /> the Department of Labor in each solicitation. The decision to award a contract or subcontract must be
<br /> conditioned upon the acceptance of the wage determination. The non-Federal entity (Sponsor) must
<br /> report all suspected or reported violations to the federal awarding agency identified in Section H:
<br /> Federal Fund Information.
<br /> The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40
<br /> U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors
<br /> and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
<br /> Grants from the United States"). The Act provides that each contractor or subrecipient (Sponsor) must
<br /> be prohibited from inducing, by any means, any person employed in the construction, completion, or
<br /> repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
<br /> The non-Federal entity(Sponsor) must report all suspected or reported violations to the Federal
<br /> awarding agency identified in Section H: Federal Fund Information.
<br /> RCO 16-1310D Revision Date: 1/11/2018 Page 25 or 37
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