Both Uniform Administrative Requirements applicable to nonprofit organizations (29 CFR Part 95) and state/local governments (29 CFR Part 97) require certain "boilerplate" contractual certifications/assurances in every contract and subcontract with subrecipients and/or vendors expending WIA funds.
These contractual provisions include: Remedies for Breach, Termination and Settlement, Access to Records, Equal Employment Opportunity Laws, the Copeland "Anti-Kickback" Act, the Davis-Bacon Act, the Contract Work Hours and Safety Standards Act, Rights to Inventions Made Under a Contract or Agreement, the Clean Air Act, the Federal Water Pollution Control Act, the Byrd Anti-Lobbying Amendment, and Debarment and Suspension. Many of the required contractual provision "Acts" are co-located in the U.S. Department of Labor's regulations. This page contains a short summary of each required contractual provision and links to both the original Act and DOL's implementing regulations where applicable.
Page Index
Remedies for Breach
Contracts in excess of the small purchase threshold shall contain contractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a contractor violates or breaches the contract terms, and provide for such remedial actions as may be appropriate.
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Termination and Settlement
Contracts in excess of the small purchase threshold shall contain suitable provisions for termination by the recipient, including the manner by which termination shall be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the contractor’s control.
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Access to Records
All negotiated contracts (except those for less than the small purchase threshold) shall include a provision authorizing the recipient, USDOL, the Comptroller General, WCO or any of their duly authorized representatives to have access to any books, documents, papers, and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions.
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Equal Employment Opportunity
All contracts shall contain a provision requiring compliance with E.). 11246, “Equal Employment Opportunity,” as amended by E.O. 11375, “Amending Executive Order 11236 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Dept. of Labor.
· Dept. of Labor Implementing Regulations, click here
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Copeland "Anti-Kickback" Act
All construction/repair contracts and subgrants in excess of $2,000 shall include a provision requiring compliance with the Copeland “Anti-kickback” Act (18 U.S.C. §3141-3148), which provides that each contractor or subrecipient shall be prohibited from inducing any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which one is otherwise entitled.
· Copeland "Anti-Kickback" Act, click here
· Dept. of Labor Implementing Regulations, click here
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Davis-Bacon Act
All construction contracts in excess of $2,000 shall include a provision for compliance with the Davis-Bacon Act, which requires contractors to pay laborers and mechanics wages at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors shall be required to pay wages not less than once a week.
· Davis-Bacon Act, click here
· Dept. of Labor Implementing Regulations, click here
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Contract Work Hours and Safety Standards Act
All contracts in excess of $2,000 for construction contracts and $2,500 for other contracts involving 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, which requires each contractor 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 one and one-half times the basic rate of pay for all hours worked in excess of 40 hours. Section 107 is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous.
· Contract Work Hours and Safety Act, click here
· Dept. of Labor Implementing Regulations, click here
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Rights to Inventions Made Under a Contract or Agreement
Contracts or agreements of 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 the Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements”
· Rights to Inventions Made Under a Contract or Agreement, click here
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Clean Air Act
The Clean Air Act (CAA) is the comprehensive federal law that regulates air emissions from stationary and mobile sources. Among other things, this law authorizes EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants.
· Clean Air Act, click here
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Federal Water Pollution Control Act
The Federal Water Pollution Control Act, popularly known as the Clean Water Act, is a comprehensive statute aimed at restoring and maintaining the chemical, physical and biological integrity of the nation's waters. the Act authorizes water quality programs, requires federal effluent limitations and state water quality standards, requires permits for the discharge of pollutants into navigable waters, provides enforcement mechanisms, and authorizes funding for wastewater treatment works construction grants and state revolving loan programs, as well as funding to states and tribes for their water quality programs
· Federal Water Pollution Control Act, click here
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Byrd Anti-Lobbying Amendment
Subrecipients applying or bidding for an award of $100,000 or more shall certify that they have 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.
· Byrd Anti-Lobbying Amendment, click here
· Dept. of Labor Implementing Regulations, click here
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Debarment and Suspension
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. 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.
· See Dept. of Labor's Implementing Regulations, click here
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