EDA Contracting Provisions Construction 05-16

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OMB Number: 0610-0096
Expiration Date: 11/30/2021

U. S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION

EDA CONTRACTING PROVISIONS
FOR CONSTRUCTION PROJECTS

These EDA Contracting Provisions for Construction Projects (EDA Contracting Provisions) are
intended for use by recipients receiving federal assistance from the U. S. Department of
Commerce - Economic Development Administration (EDA). They contain provisions specific to
EDA and other federal provisions not normally found in non-federal contract documents. The
requirements contained herein must be incorporated into all construction contracts and
subcontracts funded wholly or in part with federal assistance from EDA.

Economic Development Administration
Contracting Provisions for Construction Projects

OMB Number: 0610-0096
Expiration Date: 11/30/2021

TABLE OF CONTENTS
1.

Definitions

2.

Applicability

3.

Federally Required Contract Provisions

4.

Required Provisions Deemed Inserted

5.

Inspection by EDA Representatives

6.

Examination and Retention of Contractor’s Records

7.

Construction Schedule and Periodic Estimates

8.

Contractor’s Title to Material

9.

Inspection and Testing of Materials

10.

“OR EQUAL" Clause

11.

Patent Fees and Royalties

12.

Claims for Extra Costs

13.

Contractor’s and Subcontractor’s Insurance

14.

Contract Security Bonds

15.

Labor Standards - Davis-Bacon and Related Acts

16.

Labor Standards - Contract Work Hours and Safety Standards Act

17.

Equal Employment Opportunity

18.

Contracting with Small, Minority and Women’s Businesses

19.

Health, Safety and Accident Prevention

20.

Conflict of Interest and Other Prohibited Interests

21.

New Restrictions on Lobbying

22.

Historical and Archaeological Data Preservation

23.

Clean Air and Water

24.

Use of Lead-Based Paints on Residential Structures

25.

Energy Efficiency

26.

Environmental Requirements

27.

Debarment, Suspension, Ineligibility and Voluntary Exclusions

28.

EDA Project Sign

29.

Buy America

Economic Development Administration
Contracting Provisions for Construction Projects

OMB Number: 0610-0096
Expiration Date: 11/30/2021

1.

DEFINITIONS

Agreement – The written instrument that is evidence of the agreement between the Owner and
the Contractor overseeing the Work.
Architect/Engineer - The person or other entity engaged by the Recipient to perform
architectural, engineering, design, and other services related to the work as provided for in the
contract.
Contract – The entire and integrated written agreement between the Owner and the Contractor
concerning the Work. The Contract supersedes prior negotiations, representations, or
agreements, whether written or oral.
Contract Documents – Those items so designated in the Agreement. Only printed or hard copies
of the items listed in the Agreement are Contract Documents.
Contractor – The individual or entity with whom the Owner has entered into the Agreement.
Drawings or Plans – That part of the Contract Documents prepared or approved by the
Architect/Engineer that graphically shows the scope, extent, and character of the Work to be
performed by the Contractor.
EDA - The United States of America acting through the Economic Development Administration
of the U.S. Department of Commerce or any other person designated to act on its behalf. EDA
has agreed to provide financial assistance to the Owner, which includes assistance in financing
the Work to be performed under this Contract. Notwithstanding EDA’s role, nothing in this
Contract shall be construed to create any contractual relationship between the Contractor and
EDA.
Owner – The individual or entity with whom the Contractor has entered into the Agreement and
for whom the Work is to be performed.
Project – The total construction of which the Work to be performed under the Contract
Documents may be the whole, or a part.
Recipient – A non-Federal entity receiving a Federal financial assistance award directly
from EDA to carry out an activity under an EDA program, including any EDA-approved
successor to the entity.
Specifications – That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards, and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable thereto.
Subcontractor – An individual or entity having direct contract with the Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.

Economic Development Administration
Contracting Provisions for Construction Projects

OMB Number: 0610-0096
Expiration Date: 11/30/2021

Work – The entire construction or the various separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction and
furnishing, installing, and incorporating all materials and equipment into such construction, all as
required by the Contract Documents.
2.

APPLICABILITY

The Project to which the construction work covered by this Contract pertains is being assisted by
the United States of America through federal assistance provided by the U.S. Department of
Commerce - Economic Development Administration (EDA). Neither EDA, nor any of its
departments, entities, or employees is a party to this Contract. The following EDA Contracting
Provisions are included in this Contract and all subcontracts or related instruments pursuant to
the provisions applicable to such federal assistance from EDA.
3.

FEDERALLY REQUIRED CONTRACT PROVISIONS

(a) All contracts in excess of the simplified acquisition threshold - currently fixed at $150,000
(see 41 U.S.C. §§ 134 and 1908) must address administrative, contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions
and penalties as may be appropriate.
(b) All contracts in excess of $10,000 must address termination for cause and for convenience
by the Recipient including the manner by which it will be effected and the basis for settlement.
(c) All construction contracts awarded in excess of $10,000 by recipients of federal assistance
and their contractors or subcontractors shall contain a provision requiring compliance with
Executive Order 11246 of September 24, 1965, Equal Employment Opportunity, as amended
by Executive Order 11375 of October 13, 1967, and Department of Labor implementing
regulations at 41 C.F.R. part 60.
(d) All prime construction contracts in excess of $2,000 awarded by Recipients must include a
provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3148) as supplemented
by Department of Labor regulations at 29 C.F.R. part 5. The contracts must also include a
provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. § 874 and 40
U.S.C. § 3145) as supplemented by Department of Labor regulations at 29 C.F.R. part 3.
(e) All contracts awarded by the Recipient in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704
(the Contract Work Hours and Safety Standards Act) as supplemented by Department of Labor
regulations at 29 C.F.R. part 5.
(f) All contracts must include EDA requirements and regulations that involve a requirement on
the contractor or sub-contractor to report information to EDA, the Recipient or any other federal
agency.

Economic Development Administration
Contracting Provisions for Construction Projects

OMB Number: 0610-0096
Expiration Date: 11/30/2021

(g) All contracts must include EDA requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course of or
under such contract.
(h) All contracts must include EDA requirements and regulations pertaining to copyrights and
rights in data.
(i) All contracts and subgrants in excess of $150,000 must contain a provision that requires
compliance with all applicable standards, orders, or requirements issued under the Clean Air Act
(42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act (Clean Water Act) (33
U.S.C. § 1251 et seq.), and Executive Order 11738, Providing for Administration of the Clean
Air Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants,
or Loans.
(j) Contracts must contain mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (42 U.S.C.§ 6201).
(k) Contracts must contain a provision ensuring that contracts are not to be made to parties on the
government wide Excluded Parties List System in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 C.F.R. part 180.
(l) Contracts must contain a provision ensure compliance with the Byrd Anti-Lobbying
Amendment (31 U.S.C. § 1352) under which contractors that apply or bid for an award of
$100,000 or more must 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 must 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 non-Federal award.
(m) If the Recipient is a state agency or agency of a political subdivision of a state, any
contract awarded must contain a provision ensuring compliance with section 6002 of the Solid
Waste Disposal Act (42 U.S.C. § 6962), as amended by the Resource Conservation and
Recovery Act related to the procurement of recovered materials.
4.

REQUIRED PROVISIONS DEEMED INSERTED

Each and every provision of law and clause required by law to be inserted in this contract shall
be deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be
physically amended to make such insertion of correction.

Economic Development Administration
Contracting Provisions for Construction Projects

OMB Number: 0610-0096
Expiration Date: 11/30/2021

5.

INSPECTION BY EDA REPRESENTATIVES

The authorized representatives and agents of EDA shall be permitted to inspect all work,
materials, payrolls, personnel records, invoices of materials, and other relevant data and records.
6.

EXAMINATION AND RETENTION OF CONTRACTOR’S RECORDS

(a) The Owner, EDA, or the Comptroller General of the United States, or any of their duly
authorized representatives shall, generally until three years after final payment under this
contract, have access to and the right to examine any of the Contractor’s directly pertinent books,
documents, papers, or other records involving transactions related to this contract for the purpose
of making audit, examination, excerpts, and transcriptions.
(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause
substantially the same as paragraph (a) above. “Subcontract,” as used in this clause, excludes
purchase orders that do not exceed $10,000.
(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to
(1) appeals under the disputes clause of this contract, (2) litigation or settlement of claims arising
from the performance of this contract, or (3) costs and expenses of this contract to which the
Owner, EDA, or Comptroller General or any of their duly authorized representatives has taken
exception shall continue until disposition of such appeals, litigation, claims, or exceptions.
7.

CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES

Immediately after execution and delivery of the contract, and before the first partial payment is
made, the Contractor shall deliver to the Owner an estimated construction progress schedule in a
form satisfactory to the Owner, showing the proposed dates of commencement and completion
of each of the various subdivisions of work required under the Contract Documents and the
anticipated amount of each monthly payment that will become due to the Contractor in
accordance with the progress schedule. The Contractor also shall furnish the Owner (a) a
detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized
estimates of work done for the purpose of making partial payments thereon. The costs employed
in making up any of these schedules will be used only to determine the basis of partial payments
and will not be considered as fixing a basis for additions to or deductions from the contract price.
8.

CONTRACTOR'S TITLE TO MATERIAL

No materials, supplies, or equipment for the work shall be purchased by the Contractor or by any
subcontractor that is subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller. The Contractor warrants and guarantees
that he/she has good title to all work, materials, and equipment used by him/her in the Work, free
and clear of all liens, claims, or encumbrances.

Economic Development Administration
Contracting Provisions for Construction Projects

OMB Number: 0610-0096
Expiration Date: 11/30/2021

9.

INSPECTION AND TESTING OF MATERIALS

All materials and equipment used in the completion of the Work shall be subject to adequate
inspection and testing in accordance with accepted standards. The laboratory or inspection
agency shall be selected by the Owner. Materials of construction, particularly those upon which
the strength and durability of any structure may depend, shall be subject to inspection and testing
to establish conformance with specifications and suitability for intended uses.
10.

"OR EQUAL" CLAUSE

Whenever a material, article, or piece of equipment is identified in the Contract Documents by
reference to manufacturers’ or vendors’ names, trade names, catalogue numbers, etc., it is
intended merely to establish a standard. Any material, article, or equipment of other
manufacturers and vendors that will perform adequately the duties imposed by the general design
will be considered equally acceptable provided the material, article, or equipment so proposed is,
in the opinion of the Architect/Engineer, of equal substance and function. However, such
substitution material, article, or equipment shall not be purchased or installed by the Contractor
without the Architect/Engineer's written approval.
11.

PATENT FEES AND ROYALTIES

(a) Contractor shall pay all license fees and royalties and assume all costs incident to the use in
the performance of the Work or the incorporation in the Work of any invention, design,
process, product, or device that is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of Owner or
Architect/Engineer, its use is subject to patent rights or copyrights calling for the payment of
any license fee or royalty to others, the existence of such rights shall be disclosed by the Owner
in the Contract Documents.
(b) To the fullest extent permitted by Laws and Regulations, the Contractor shall indemnify and
hold harmless the Owner and the Architect/Engineer, and the officers, directors, partners,
employees, agents, consultants, and subcontractors of each and any of them from and against all
claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any infringement of patent rights or copyrights
incident to the use in the performance of the Work or resulting from the incorporation in the
Work of any invention, design, process, product, or device not specified in the Contract
Documents.
12.

CLAIMS FOR EXTRA COSTS

No claims for extra work or cost shall be allowed unless the same was done in pursuance of a
written order from the Architect/Engineer approved by the Owner.

Economic Development Administration
Contracting Provisions for Construction Projects

OMB Number: 0610-0096
Expiration Date: 11/30/2021

13.

CONTRACTORS AND SUBCONTRACTORS INSURANCE

(a) The Contractor shall not commence work under this Contract until the Contractor has
obtained all insurance reasonably required by the Owner, nor shall the Contractor allow any
subcontractor to commence work on his/her subcontract until the insurance required of the
subcontractor has been so obtained and approved.
(b) Types of insurance normally required are:
(1)
(2)
(3)
(4)
(5)

Workers' Compensation
Contractor's Public Liability and Property Damage
Contractor's Vehicle Liability
Subcontractors' Public Liability, Property Damage and Vehicle Liability
Builder's Risk (Fire and Extended Coverage)

(c) Scope of Insurance and Special Hazards: The insurance obtained, which is described
above, shall provide adequate protection for the Contractor and his/her subcontractors,
respectively, against damage claims that may arise from operations under this contract, whether
such operations be by the insured or by anyone directly or indirectly employed by him/her and
also against any of the special hazards that may be encountered in the performance of this
Contract.
(d) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations covered, effective dates, and dates of expiration of
applicable insurance policies.
14.

CONTRACT SECURITY BONDS

(a) If the amount of this Contract exceeds $150,000, the Contractor shall furnish a performance
bond in an amount at least equal to one hundred percent (100%) of the Contract price as security
for the faithful performance of this Contract and also a payment bond in an amount equal to one
hundred percent (100%) of the Contract price or in a penal sum not less than that prescribed by
State, Territorial, or local law, as security for the payment of all persons performing labor on the
Work under this Contract and furnishing materials in connection with this Contract. The
performance bond and the payment bond may be in one or in separate instruments in accordance
with local law. Before final acceptance, each bond must be approved by EDA. If the amount of
this Contract does not exceed $150,000, the Owner shall specify the amount of the payment and
performance bonds.
(b) All bonds shall be in the form prescribed by the Contract Documents except as otherwise
provided in applicable laws or regulations, and shall be executed by such sureties as are named
in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies as published in Treasury Circular 570
(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the
Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent’s
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Contracting Provisions for Construction Projects

OMB Number: 0610-0096
Expiration Date: 11/30/2021

authority to act. Surety companies executing the bonds must also be authorized to transact
business in the state where the Work is located.
15.

LABOR STANDARDS - DAVIS-BACON AND RELATED ACTS
(as required by section 602 of PWEDA)

(a) Minimum Wages
(1) All laborers and mechanics employed or working upon the site of the Work in the
construction or development of the Project will be paid unconditionally and not less often
than once a week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the Secretary of Labor
under the Copeland Act at 29 C.F.R. part 3, the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at the time of payment computed at rates not
less than those contained in the wage determination of the Secretary of Labor, which is
attached hereto and made a part hereof, regardless of any contractual relationship that
may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R.
§ 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 C.F.R. § 5.5(a)(4). Laborers
or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein, provided that the
employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classification and wage rates determined under 29 C.F.R. § 5.5(a)(1)(ii) and the DavisBacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be
easily seen by the workers.
(2) (i) Any class of laborers or mechanics to be employed under the Contract, but not
listed in the wage determination, shall be classified in conformance with the wage
determination. EDA shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(A) The work to be performed by the classification requested is not performed by
a classification in the wage determination;
(B) The classification is utilized in the area by the construction industry; and
(C) The proposed wage rate, including any bona fide fringe benefits, bears a
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Contracting Provisions for Construction Projects

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Expiration Date: 11/30/2021

reasonable relationship to the wage rates contained in the wage determination.
(ii) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and EDA or its designee agree on the
classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by EDA or its designee to
the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, D.C. 20210.
(iii) In the event the Contractor, the laborers or mechanics to be employed in the
classification or their representatives, and EDA or its designee do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), EDA or its designee shall refer the questions, including
the views of all interested parties and the recommendation of EDA or its designee, to
the Administrator for determination.
(iv) The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraphs (a)(2)(ii) or (iii) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
Contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(4) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program, provided, that the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program.
(b) Withholding
EDA or its designee shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the Contractor
under this Contract or any other federal contract with the same prime Contractor, or any other
federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held
by the same prime contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers,
employed by the Contractor or any subcontractor the full amount of wages required by the
Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee
or helper employed or working on the site of the Work in the construction or development of the
Project, all or part of the wages required by the Contract, EDA or its designee may, after written
notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such violations
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have ceased. EDA or its designee may, after written notice to the Contractor, disburse such
amounts withheld for and on account of the Contractor or subcontractor to the respective
employees to whom they are due. The Comptroller General shall make such disbursements in the
case of direct Davis-Bacon Act contracts.
(c) Payrolls and basic records
(1) Payrolls and basic records relating thereto shall be maintained by the Contractor
during the course of the Work and preserved for a period of three years thereafter for
all laborers and mechanics working at the site of the Work in the construction or
development of the Project. Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of
the Davis-Bacon Act), daily and weekly number of hours worked, deductions made
and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R.
§ 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described
in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, the plan or
program is financially responsible, and the plan or program has been communicated
in writing to the laborers or mechanics affected, and provide records that show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(2) (i) For each week in which Contract work is performed, the Contractor shall submit a
copy of all payrolls to the Owner for transmission to EDA or its designee. The payrolls
submitted shall set out accurately and completely all of the information required to be
maintained under 29 C.F.R. part 5.5(a)(3)(i). This information may be submitted in any
form desired. Optional Form WH-347 is available for this purpose. It may be purchased
from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, D.C. 20402; or downloaded from the U.S.
Department of Labor’s website at https://www.dol.gov/whd/forms/wh347.pdf. The prime
Contractor is responsible for the submission of copies of payrolls by all subcontractors
(ii) Each payroll submitted shall be accompanied by a “Statement of Compliance,”
signed by the Contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the Contract and shall certify the
following:
(A) That the payroll for the payroll period contains the information required to be
maintained under 29 C.F.R. § 5.5(a)(3)(i) and that such information is correct and
complete;
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(B) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the Contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in 29 C.F.R. part 3; and
(C) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into the
Contract.
(iii)The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission
of the “Statement of Compliance” required by paragraph 15(c)(2)(ii) of this section.
(iv) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under section 1001 of Title 18 and
section 3729 of Title 31 of the U.S. Code.
(3) The Contractor or subcontractor shall make the records required under paragraph
15(c)(1) of this section available for inspection, copying, or transcription by authorized
representatives of EDA or its designee or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the
Contractor or subcontractor fails to submit the required records or to make them
available, EDA or its designee may, after written notice to the Contractor or Owner, take
such action as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the required records upon request
or to make such records available may be grounds for debarment action pursuant to 29
C.F.R. § 5.12.
(d) Apprentices and Trainees.
(1) Apprentices. Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship and
Training (Bureau), or with a State Apprenticeship Agency recognized by the Bureau, or if
a person is employed in his or her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered in the
program, but who has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the
job site in any craft classification shall not be greater than the ratio permitted to the
Contractor as to the entire work force under the registered program. Any worker listed
on a payroll at an apprentice wage rate who is not registered or otherwise employed as
stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any
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apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a Contractor is performing
construction on a Project in a locality other than that in which its program is registered,
the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the Contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to utilize apprentices
at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(2) Trainees. Except as provided in 29 C.F.R. § 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program that has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman's hourly rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(3) Equal employment opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity
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requirements of Executive Order 11246, Equal Employment Opportunity, as amended,
and 29 C.F.R. part 30.
(e) Compliance with Copeland Anti-Kickback Act Requirements. The Contractor shall
comply with the Copeland Anti-Kickback Act (18 U.S.C. § 874 and 40 U.S.C. § 3145) as
supplemented by Department of Labor regulations (29 C.F.R. part 3, “Contractors and
Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or
Grants of the United States”). The Act provides that the Contractor and any subcontractors 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 they are
otherwise entitled. The Owner shall report all suspected or reported violations to EDA.
(f) Subcontracts. The Contractor and any subcontractors will insert in any subcontracts the
clauses contained in 29 C.F.R. §§ 5.5(a)(1) through (10) and such other clauses as EDA or its
designee may require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all the contract clauses in 29 C.F.R. § 5.5.
(g) Contract termination; debarment. The breach of the contract clauses in 29 C.F.R. § 5.5
may be grounds for termination of the contract, and for debarment as a Contractor and a
subcontractor as provided in 29 C.F.R. § 5.12.
(h) Compliance with Davis-Bacon and Related Act Requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 C.F.R. parts 1, 3, and 5 are
herein incorporated by reference in this contract.
(i) Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this Contract shall not be subject to the general disputes clause of this Contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 C.F.R. parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and EDA or its designee, the U.S.
Department of Labor, or the employees or their representatives.
(j) Certification of Eligibility.
(1)By entering into this Contract, the Contractor certifies that neither it nor any person or
firm that has an interest in the Contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29
C.F.R. § 5.12(a)(1).
(2) No part of this Contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29
C.F.R. § 5.12(a)(1).
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. § 1001.

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16.

LABOR STANDARDS - CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT

As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.
(a) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Contract work, which may require or involve the employment of laborers or mechanics, shall
require or permit any such laborer or mechanic in any workweek in which that person is
employed on such work to work in excess of forty hours in such workweek unless such laborer
or mechanic receives compensation at a rate not less than one and one-half times the basic rate
of pay for all hours worked in excess of forty hours in such workweek.
(b) Violation; liability for unpaid wages, liquidated damages. In the event of any violation of
the clause set forth in paragraph (a) of this section, the Contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of
this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (a) of this section.
(c) Withholding for unpaid wages and liquidated damages. EDA or its designee shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any monies payable on account of work performed
by the Contractor or subcontractor under any such Contract or any other federal contract with the
same prime Contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may
be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this
section.
(d) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraphs (a) through (c) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (a) through (c) of this section.
17.

EQUAL EMPLOYMENT OPPORTUNITY

(a) The Recipient hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of the
Secretary of Labor at 41 C.F.R. chapter 60, which is paid for in whole or in part with funds
obtained from EDA, the following equal opportunity clause:
During the performance of this contract, the Contractor agrees as follows:
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(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training including
apprenticeship. The Contractor agrees to post in conspicuous places available to
employees and applicants for employment notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The Contractor will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers representatives of the Contractor's
commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of
Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to its books, records, and accounts by
EDA and the Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
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this Contract or with any of the said rules, regulations, or orders, this Contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally-assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph 17(a)(1) and the provisions of paragraphs 17(a)(1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or purchase
order as EDA or the Secretary of Labor may direct as a means of enforcing such
provisions, including sanctions for noncompliance. Provided, however, that in the event
the Contractor becomes involved in or is threatened with litigation with a subcontractor
or vendor as a result of such direction by EDA or the Secretary of Labor, the Contractor
may request the United States to enter into such litigation to protect the interests of the
United States.
(9) The Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federallyassisted construction work. Provided, however, that if the Recipient so participating is a
State or local government, the above equal opportunity clause is not applicable to any
agency, instrumentality, or subdivision of such government that does not participate in
work on or under the Contract.
(10)The Recipient agrees that it will assist and cooperate actively with EDA and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish EDA and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist EDA in
the discharge of the EDA’s primary responsibility for securing compliance.
(11) The Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a
Contractor debarred from, or who has not demonstrated eligibility for, Government
contracts and federally assisted construction contracts pursuant to the Executive Order
and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcontractors by EDA or the Secretary
of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Recipient
agrees that if it fails or refuses to comply with these undertakings, EDA may take any or
all of the following actions: Cancel, terminate, or suspend in whole or in part this EDA
financial assistance; refrain from extending any further assistance to the applicant under
the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and refer the case
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to the Department of Justice for appropriate legal proceedings.
(b) Exemptions to Above Equal Opportunity Clause (41 C.F.R. chapter 60):
(1) Contracts and subcontracts not exceeding $10,000 (other than Government bills of
lading, and other than contracts and subcontracts with depositories of Federal funds in
any amount and with financial institutions which are issuing and paying agents for U.S.
savings bonds and savings notes) are exempt. The amount of the Contract, rather than
the amount of the federal financial assistance, shall govern in determining the
applicability of this exemption.
(2) Except in the case of subcontractors for the performance of construction work at the
site of construction, the clause shall not be required to be inserted in subcontracts below
the second tier.
(3) Contracts and subcontracts not exceeding $10,000 for standard commercial supplies
or raw materials are exempt.
18.

CONTRACTING WITH SMALL, MINORITY AND WOMEN’S BUSINESSES

(a) If the Contractor intends to let any subcontracts for a portion of the work, the Contractor
shall take affirmative steps to assure that small, minority and women’s businesses are used when
possible as sources of supplies, equipment, construction, and services.
(b) Affirmative steps shall consist of:
(1) Placing qualified small and minority businesses and women’s business enterprises on
solicitation lists;
(2) Ensuring that small and minority businesses and women’s business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses and
women’s business enterprises;
(4) Establishing delivery schedules, where the requirements of the contract permit, which
encourage participation by small and minority businesses and women’s business
enterprises;
(5) Using the services and assistance of the U.S. Small Business Administration, the
Minority Business Development Agency of the U.S. Department of Commerce, and State
and local governmental small business agencies;
(6) Requiring each party to a subcontract to take the affirmative steps of this section; and

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(7) The Contractor is encouraged to procure goods and services from labor surplus area
firms.
19.

HEALTH, SAFETY, AND ACCIDENT PREVENTION

(a) In performing this contract, the Contractor shall:
(1) Ensure that no laborer or mechanic shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or dangerous to their health
and/or safety as determined under construction safety and health standards promulgated
by the Secretary of Labor by regulation;
(2) Protect the lives, health, and safety of other persons;
(3) Prevent damage to property, materials, supplies, and equipment; and
(4) Avoid work interruptions.
(b) For these purposes, the Contractor shall:
(1) Comply with regulations and standards issued by the Secretary of Labor at 29 C.F.R.
part 1926. Failure to comply may result in imposition of sanctions pursuant to the
Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 – 3708); and
(2) Include the terms of this clause in every subcontract so that such terms will be
binding on each subcontractor.
(c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to
work performed under this Contract resulting in death, traumatic injury, occupational disease, or
damage to property, materials, supplies, or equipment, and shall report this data in the manner
prescribed by 29 C.F.R. part 1904.
(d) The Owner shall notify the Contractor of any noncompliance with these requirements and of
the corrective action required. This notice, when delivered to the Contractor or the Contractor’s
representative at the site of the Work, shall be deemed sufficient notice of the noncompliance
and corrective action required. After receiving the notice, the Contractor shall immediately take
corrective action. If the Contractor fails or refuses to take corrective action promptly, the Owner
may issue an order stopping all or part of the Work until satisfactory corrective action has been
taken. The Contractor shall not base any claim or request for equitable adjustment for additional
time or money on any stop order issued under these circumstances.
(e) The Contractor shall be responsible for its subcontractors’ compliance with the provisions of
this clause. The Contractor shall take such action with respect to any subcontract as EDA, or the
Secretary of Labor shall direct as a means of enforcing such provisions.

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20.

CONFLICT OF INTEREST AND OTHER PROHIBITED INTERESTS

(a) No official of the Owner who is authorized in such capacity and on behalf of the Owner to
negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or
approving any architectural, engineering, inspection, construction or material supply contract or
any subcontract in connection with the construction of the Project, shall become directly or
indirectly interested personally in this Contract or in any part hereof.
(b) No officer, employee, architect, attorney, engineer, or inspector of or for the Owner who is
authorized in such capacity and on behalf of the Owner to exercise any legislative, executive,
supervisory or other similar functions in connection with the construction of the Project, shall
become directly or indirectly interested personally in this Contract or in any part thereof, any
material supply contract, subcontract, insurance contract, or any other contract pertaining to the
Project.
(c) The Contractor may not knowingly contract with a supplier or manufacturer if the individual
or entity who prepared the Contract Documents has a corporate or financial affiliation with the
supplier or manufacturer.
(d) The Owner’s officers, employees, or agents shall not engage in the award or administration
of this Contract if a conflict of interest, real or apparent, may be involved. Such a conflict may
arise when: (i) the employee, officer or agent; (ii) any member of their immediate family; (iii)
their partner or (iv) an organization that employs, or is about to employ, any of the above, has a
financial interest in the Contractor. The Owner’s officers, employees, or agents shall neither
solicit nor accept gratuities, favors, or anything of monetary value from the Contractor or
subcontractors.
(e) If the Owner finds after a notice and hearing that the Contractor, or any of the Contractor’s
agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or
otherwise) to any official, employee, or agent of the Owner or EDA in an attempt to secure this
Contract or favorable treatment in awarding, amending, or making any determinations related to
the performance of this Contract, the Owner may, by written notice to the Contractor, terminate
this Contract. The Owner may also pursue other rights and remedies that the law or this Contract
provides. However, the existence of the facts on which the Owner bases such findings shall be
an issue and may be reviewed in proceedings under the dispute resolution provisions of this
Contract.
(f) In the event this Contract is terminated as provided in paragraph (e) of this section, the
Owner may pursue the same remedies against the Contractor as it could pursue in the event of a
breach of this Contract by the Contractor. As a penalty, in addition to any other damages to
which it may be entitled by law, the Owner may pursue exemplary damages in an amount (as
determined by the Owner) which shall not be less than three nor more than ten times the costs the
Contractor incurs in providing any such gratuities to any such officer or employee.

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21.

RESTRICTIONS ON LOBBYING

(a) This Contract, or subcontract is subject to 31 U.S.C. § 1352, regarding lobbying restrictions.
The section is explained in the common rule, 15 C.F.R. part 28 (55 FR 6736-6748, February 26,
1990). Each bidder under this Contract or subcontract is generally prohibited from using federal
funds for lobbying the Executive or Legislative Branches of the Federal Government in
connection with this EDA Award.
(b) Contract Clause Threshold: This Contract Clause regarding lobbying must be included in
each bid for a contract or subcontract exceeding $100,000 of federal funds at any tier under the
EDA Award.
(c) Certification and Disclosure: Each bidder of a contract or subcontract exceeding $100,000
of federal funds at any tier under the federal Award must file Form CD-512, Certification
Regarding Lobbying – Lower Tier Covered Transactions, and, if applicable, Standard FormLLL, Disclosure of Lobbying Activities, regarding the use of any nonfederal funds for lobbying.
Certifications shall be retained by the Contractor or subcontractor at the next higher tier. All
disclosure forms, however, shall be forwarded from tier to tier until received by the Recipient of
the EDA Award, who shall forward all disclosure forms to EDA.
(d) Continuing Disclosure Requirement: Each Contractor or subcontractor that is subject to
the Certification and Disclosure provision of this Contract Clause is required to file a disclosure
form at the end of each calendar quarter in which there occurs any event that requires disclosure
or that materially affects the accuracy of the information contained in any disclosure form
previously filed by such person. Disclosure forms shall be forwarded from tier to tier until
received by the Recipient of the EDA Award, who shall forward all disclosure forms to EDA.
(e) Indian Tribes, Tribal Organizations, or Other Indian Organizations: Indian tribes,
tribal organizations, or any other Indian organizations, including Alaskan Native organizations,
are excluded from the above lobbying restrictions and reporting requirements, but only with
respect to expenditures that are by such tribes or organizations for lobbying activities permitted
by other federal law. An Indian tribe or organization that is seeking an exclusion from
Certification and Disclosure requirements must provide EDA with the citation of the provision or
provisions of federal law upon which it relies to conduct lobbying activities that would otherwise
be subject to the prohibitions in and to the Certification and Disclosure requirements of 31
U.S.C. § 1352, preferably through an attorney's opinion. Note, also, that a non-Indian
subrecipient, contractor, or subcontractor under an award to an Indian tribe, for example, is
subject to the restrictions and reporting requirements.
22.

HISTORICAL AND ARCHAEOLOGICAL DATA PRESERVATION

The Contractor agrees to facilitate the preservation and enhancement of structures and objects of
historical, architectural or archaeological significance and when such items are found and/or
unearthed during the course of project construction. Any excavation by the Contractor that
uncovers an historical or archaeological artifact shall be immediately reported to the Owner and
a representative of EDA. Construction shall be temporarily halted pending the notification
process and further directions issued by EDA after consultation with the State Historic
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Preservation Officer (SHPO) for recovery of the items. See the National Historic Preservation
Act of 1966 (54 U.S.C. § 300101 et seq., formerly at 16 U.S.C. § 470 et seq.) and Executive
Order No. 11593 of May 31, 1971.
23.

CLEAN AIR AND WATER

Applicable to Contracts in Excess of $150,000
(a) Definition. “Facility” means any building, plant, installation, structure, mine, vessel, or
other floating craft, location, or site of operations, owned, leased, or supervised by the Contractor
or any subcontractor, used in the performance of the Contract or any subcontract. When a
location or site of operations includes more than one building, plant, installation, or structure, the
entire location or site shall be deemed a facility except when the Administrator, or a designee, of
the United States Environmental Protection Agency (EPA) determines that independent facilities
are collocated in one geographical area.
(b) In compliance with regulations issued by the EPA, 2 C.F.R. part 1532, pursuant to the Clean
Air Act, as amended (42 U.S.C. § 7401 et seq.); the Federal Water Pollution Control Act, as
amended (33 U.S.C. § 1251 et seq.); and Executive Order 11738, the Contractor agrees to:
(1) Not utilize any facility in the performance of this contract or any subcontract which is
listed on the Excluded Parties List System, part of the System for Award Management
(SAM), pursuant to 2 C.F.R. part 1532 for the duration of time that the facility remains on
the list;
(2) Promptly notify the Owner if a facility the Contractor intends to use in the
performance of this contract is on the Excluded Parties List System or the Contractor
knows that it has been recommended to be placed on the List;
(3) Comply with all requirements of the Clean Air Act and the Federal Water Pollution
Control Act, including the requirements of section 114 of the Clean Air Act and section
308 of the Federal Water Pollution Control Act, and all applicable clean air and clean
water standards; and
(4) Include or cause to be included the provisions of this clause in every subcontract and
take such action as EDA may direct as a means of enforcing such provisions.
24.

USE OF LEAD-BASED PAINTS ON RESIDENTIAL STRUCTURES

(a) If the work under this Contract involves construction or rehabilitation of residential structures
over $5,000, the Contractor shall comply with the Lead-based Paint Poisoning Prevention Act
(42 U.S.C. § 4831). The Contractor shall assure that paint or other surface coatings used in a
residential property does not contain lead equal to or in excess of 1.0 milligram per square
centimeter or 0.5 percent by weight or 5,000 parts per million (ppm) by weight. For purposes
of this section, “residential property” means a dwelling unit, common areas, building exterior
surfaces, and any surrounding land, including outbuildings, fences and play equipment
affixed to the land, belonging to an owner and available for use by residents, but not
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including land used for agricultural, commercial, industrial or other non-residential purposes,
and not including paint on the pavement of parking lots, garages, or roadways.
(b) As a condition to receiving assistance under PWEDA, recipients shall assure that the
restriction against the use of lead-based paint is included in all contracts and
subcontracts involving the use of federal funds.
25.

ENERGY EFFICIENCY

The Contractor shall comply with all standards and policies relating to energy efficiency which
are contained in the energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 U.S.C. § 6201) for the State in which the Work under the Contract is
performed.
26.

ENVIRONMENTAL REQUIREMENTS

When constructing a Project involving trenching and/or other related earth excavations, the
Contractor shall comply with the following environmental constraints:
(1) Wetlands. When disposing of excess, spoil, or other construction materials on
public or private property, the Contractor shall not fill in or otherwise convert wetlands.
(2) Floodplains. When disposing of excess, spoil, or other construction materials on
public or private property, the Contractor shall not fill in or otherwise convert 100 year
floodplain areas delineated on the latest Federal Emergency Management Agency
(FEMA) Floodplain Maps, or other appropriate maps, i.e., alluvial soils on Natural
Resource Conservation Service (NRCS) Soil Survey Maps.
(3) Endangered Species. The Contractor shall comply with the Endangered Species
Act, which provides for the protection of endangered and/or threatened species and
critical habitat. Should any evidence of the presence of endangered and/or threatened
species or their critical habitat be brought to the attention of the Contractor, the
Contractor will immediately report this evidence to the Owner and a representative of
EDA. Construction shall be temporarily halted pending the notification process and
further directions issued by EDA after consultation with the U.S. Fish and Wildlife
Service.
27.

DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY
EXCLUSIONS

As required by Executive Orders 12549 and 12689, Debarment and Suspension, 2 C.F.R. Part 180
and implemented by the Department of Commerce at 2 C.F.R. part 1326, for prospective
participants in lower tier covered transactions (except subcontracts for goods or services under the
$25,000 small purchase threshold unless the subrecipient will have a critical influence on or
substantive control over the award), the Contractor agrees that:
(1) By entering into this Contract, the Contractor and subcontractors certify, that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared

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ineligible, or voluntarily excluded from participation in this Contract by any federal
department or agency.
(2) Where the Contractor or subcontractors are unable to certify to any of the statements
in this certification, the Contractor or subcontractors shall attach an explanation to this
bid.
See also 2 C.F.R. part 180 and 2 C.F.R. § 200.342.
28.

EDA PROJECT SIGN

The Contractor shall supply, erect, and maintain in good condition a Project sign according to the
specifications provided by EDA. To the extent practical, the sign should be a free standing sign.
Project signs shall not be located on public highway rights-of-way. Location and height of signs
will be coordinated with the local agency responsible for highway or street safety in the Project
area, if any possibility exists for obstructing vehicular traffic line of sight. Whenever the EDA
site sign specifications conflict with State law or local ordinances, the EDA Regional Director
will permit such conflicting specifications to be modified so as to comply with State law or local
ordinance.
29.

BUY AMERICA

To the greatest extent practicable, contractors are encouraged to purchase Americanmade equipment and products with funding provided under EDA financial assistance
awards.

Economic Development Administration
Contracting Provisions for Construction Projects