28-Doc 00 73 00 9 Part 1 Contract Language Requirements.pdf

Contract Language Requirements

The requirements below may or may not pertain to your contract, based on contract amount and type. Please incorporate them as required.

Violation or Breach of Contract: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 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 appropriate.

Termination for Cause and for Convenience: All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

Rights to Inventions Made Under a Contract or Agreement: If the agreement with the contractor is for the performance of experimental, developmental, or research work, including any assignment, substitution of parties, or subcontract of any type entered into for such purpose, the recipient or subrecipient must comply with the requirements of 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.

Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended: Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Procurement of Recovered Materials: A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Civil Rights, Employment and Contracting Opportunities, and Other Federal Requirements

Americans with Disabilities Act of 1990 (ADA): This Act modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against “a qualified individual with a disability” in employment and public accommodations. The ADA requires that an individual with a physical or mental impairment who is otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment.

Architectural Barriers Act of 1968 (ABA) - (42 U.S.C. 4151-4157): This Act requires that certain buildings financed with Federal funds must be designed, constructed, or altered in accordance with standards that ensure accessibility for persons with physical disabilities. The ABA covers any building or facility financed in whole or in part with Federal funds, except privately owned residential structures. Covered buildings and facilities designed, constructed, or altered with CDBG funds are subject to the ABA and must comply with the Uniform Federal Accessibility Standards.

Disadvantaged Business Enterprises (DBE): It is the policy of HUD to encourage the award of prime contracts valued at $100,000 or more to small disadvantaged business (SDB) concerns (other than certified 8(a) firms) that are at least 51 percent owned and controlled by socially and economically disadvantaged individuals.

Fair Labor Standards Act (FLSA) [as amended] - 29 U.S.C. 201 et seq.: The U.S.

Department of Labor (DOL) administers and enforces the minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

Immigration Reform and Control Act (IRCA) of 1986: Employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9).

Minority and Women-Owned Business Enterprises (MBE/WBE) – 24 CFR Part 85.36 (e) (1): It is the policy of HUD to actively encourage contractors to take all necessary affirmative steps to assure that small and minority firms, Women’s business enterprise and labor surplus area firms as used as subcontractors when possible. A minority or women-owned small business concern is defined as owned by at least 51 percent minority group members or women.

Section 109 of Title 1 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq., particularly 42 U.S.C. 6101 et. seq., and 29 U.S.C. 794):

This section provides that no person shall be excluded from participation (including employment), denied program benefits, or subject to discrimination on the basis of race, color, national origin, or sex under any program or activity funded in whole or in part under Title 1 of the Act.

Section 504 of the Rehabilitation Act of 1973, as amended (implemented at 24 CFR Part 135): It is unlawful to discriminate based on disability in federally assisted programs. This section provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funding assistance.

Section 504 also contains design and construction accessibility provisions for multi-family dwellings developed or substantially rehabilitated for first occupancy on or after March 13, 1991.

Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment Opportunity Commission in 1978: This manual applies to employee selection procedures in the areas of hiring, retention, promotions, transfer, demotions, dismissal, and referral. It is designed to assist employers, labor organizations, employment agencies, licensing and certification boards in complying with the requirements of Federal laws prohibiting discriminatory employment.

Vietnam Era Veterans’ Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002):

This Act was passed to ensure equal employment opportunity for qualified disabled veterans and veterans of the Vietnam War. Affirmative action is required in the hiring and promotion of veterans.

Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) Federal affirmative action requirements for race and gender under Executive Order 11246 have been withdrawn effective April 21, 2025. While these specific obligations are no longer applicable, contractors remain responsible for meeting all other nondiscrimination obligations as required by law and HUD regulations.

Standard Federal Equal Employment Opportunity Construction Contract Specifications While Executive Order 11246 has been rescinded, nondiscrimination requirements under the Equal Opportunity Clause remain in effect.

§ 60-4.3 Equal opportunity clauses.

(a) The equal opportunity clause published at 41 CFR 60-1.4(a) of this chapter is required to be included in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and subcontracts. The equal opportunity clause published at 41 CFR 60-1.4(b) is required to be included in, and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to the clauses described above, all Federal contracting officers, all applicants and all nonconstruction contractors, as applicable, shall include the specifications set forth in this section in all Federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to § 60-4.6 of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and subcontracts covered under the Executive order.

Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)

1. As used in these specifications:

a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;

b. “Director” means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

c. “Employer identification number” means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

d. “Minority” includes:

(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);

(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.

Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area.

Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted constuction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.

c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken.

d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.

e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.

f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newpaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.

i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force.

k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.

l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.

n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).

10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form;

however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

(b) The notice set forth in 41 CFR 60-4.2 and the specifications set forth in 41 CFR 60-4.3 replace the New Form for Federal Equal Employment Opportunity Bid Conditions for Federal and Federally Assisted Construction published at 41 FR 32482 and commonly known as the Model Federal EEO Bid Conditions, and the New Form shall not be used after the regulations in 41 CFR part 60-4 become effective.

TITLE 49, CODE OF FEDERAL REGULATION, PART 29

DEBARMENT AND SUSPENSION CERTIFICATION

(see: http://www.sam.gov/portal/SAM/#1)

(To Be Executed by Bidder and Submitted with Bid)

The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager:

o is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

o has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;

o does not have a proposed debarment pending; and o has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years;

If there are any exceptions to this certification, insert the exceptions in the following space:

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder’s responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action.

No part of this contract shall be subcontracted to any person of firm ineligible to be awarded of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act, 29 CFR 5.12(a)(1) or 49

CFR 29.

The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

Signature Date

Type or Print Name and Title of Signer

NOTE: Each member of a Joint Venture must submit this form. Additionally, previous certifications under the present Joint Venture shall be submitted upon request.

NON COLLUSION AFFIDAVIT

, being first duly sworn, deposes and says that he or she is (Sole owner, a partner, president, etc.) of . The party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid or that anyone shall refrain from bidding;

that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Name of Authorized Official

Signature of Authorized Official

Company Name

Anti-Lobbying Amendment Certification

For all orders above the limit prescribed in 2 CFR 200 – Appendix II (currently $100,000), the Offeror must complete and sign the following:

The following certification and disclosure regarding payments to influence certain federal transactions are made per the provisions contained in 2 CFR 200 – Appendix II and 31 U.S.C.

1352, the “Byrd Anti‐Lobbying Amendment.”

(a) 2 CFR 200 – Appendix II, “Contract Provisions for Non-Federal Entity Contracts Under

Federal Awards” is hereby incorporated by reference into this certification

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 shall certify and disclose accordingly.

(c) This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person making an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

Authorized Applicant Name (Print Full Name)

Authorized Applicant Signature Date

Certification of Bidder Regarding Non-Segregated Facilities

The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Contract for Construction.

"Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract.

The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will obtain identical certifications from the proposed subcontractors; retain the certifications in its files;

and forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):

Notice to Prospective Subcontractors of Requirement for Certifications of Non-segregated Facilities A Certification of Non-segregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

User Acknowledgement and Certification:

I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.

False Claims Act, 31 U.S.C. §§ 3729-3733 U.S. Department of Housing and Urban Development

False Claims Statement: U.S. Code, Title 31, Section 3729, False Claims, provides a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages for any person who knowingly presents, or causes to be presented, a false or fraudulent claim; or who knowingly makes, or caused to be used, a false record or statement; or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid.

HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)

User Acknowledgement and Certification:

I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.

Contractor’s Certification on Federal Contract Requirements

I hereby certify that I have reviewed the federal construction contract-related requirements imposed on the Contractor(s) of CDBG Grant Program-funded construction projects and fully understand all my obligations if the project is awarded to me.

Project Name:

Location:

Amount of Bid: $

Name of Bidder:

Street Address

City, State Zip Code

Authorized Applicant Signature

CONTRACTOR'S and SUBCONTRACTOR’S QUESTIONNAIRE

All Contractors and Subcontractor’s must complete and return this form to:

BUCKS COUNTY

DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT

NESHAMINY MANOR CENTER

1260 ALMSHOUSE ROAD

DOYLESTOWN, PA 18901

Attach a separate copy of this questionnaire for each subcontractor.

1. Name, Address, Telephone, e-mail address, and Employer Identification

Number:

(Sole proprietors who do not have an EIN number, please provide Social- Security number)

2. Project Name, Location and Contract Number:

3. Type of Work to be Undertaken:

4. Amount of Contract: $

5. Date of Award of Contract:

6. How Many Subcontractors will be Employed on this project:

7. Estimate Completion Date:

8. The below information is used by HUD to monitor and evaluate awarded contracts against the total program activity and the designated as mandated by the Small Business Act (SBA). The Department requires the information to provide guidance and oversight of programs for the development of small business, minority firms, businesses owned by disadvantaged persons, and women-owned firms.

Are any of the Principal Owners of the Contracting Firm:

a) A Resident of Bucks County:

b) Female:

c) Section 3:

d) A Member of a Minority Group:

SECTION 3 DEFINITIONS

A Section 3 person is one that earns less than 80% of the region's median income. A Section 3 business is 51 percent or more owned by low-income residents or is a business who employs Section 3 residents for at least 30 percent of its full-time, permanent staff;

or provides evidence of a commitment to subcontract to Section 3 business concerns, 25 percent or more of the dollar amount of the awarded contract. For purposes of the CDBG program, household income is calculated to include income earned by each member of the household.

QUALIFYING AS A SECTION 3 BUSINESS

1. Is your business owned (51 % or more) by individuals whose household incomes are LESS THAN 80% of the Bucks County Median Income?

Yes: Complete Chart A Information for all owners of the business.

No

Owner’s Name Home Address Household Size Household Income Percent Ownership

2. Do 30% (or more) of your full-time, permanent employees have household incomes that are LESS THAN 80% of the Bucks County Median Income?

Yes: Complete Chart B information on employees qualifying as Section 3.

Employee Name Home Address Household Size Household Income Date of Hire

3. Will your business sub-contract more than 25% of this contract with any business that has any of the characteristics noted in Questions 1 or 2?

Yes: Complete Chart C contracts with Section 3 qualifying businesses.

Section 3 SubContractor

Sub-Contractor Business Address

Contact Person Percent of Contract awarded to Sub-Contractor

By signing below, I certify all information in this form is true and correct to the best of my knowledge.

Authorized Representative Signature and Title

CODE OF FEDERAL REGULATIONS

Title 24 - Housing and Urban Development

Volume: 3 Date: 2010-04-01 Original Date: 2010-04-01 Context: Title 24 - Housing and Urban Development. Subtitle B - Regulations Relating to Housing and Urban Development

CHAPTER V - OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING

AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

SUBCHAPTER C - COMMUNITY FACILITIES.

PART 570 - COMMUNITY DEVELOPMENT BLOCK GRANTS. Subpart K - Other Program Requirements.

§ 570.603 Labor standards.

(a) Section 110(a) of the Act contains labor standards that apply to non-volunteer labor financed in whole or in part with assistance received under the Act. In accordance with section 110(a) of the Act, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies.

However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units.(b) The regulations in 24 CFR part 70 apply to the use of volunteers.

[61 FR 11477, Mar. 20, 1996]

§ 570.609 Use of debarred, suspended or ineligible contractors or subrecipients.

The requirements set forth in 24 CFR part 5 apply to this program.

[61 FR 5209, Feb. 9, 1996]

TITLE 18, U.S.C.

Sec. 874. Kickbacks from public works employees

Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined under this title or imprisoned not more than five years, or both.

[18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740 and 862, eff. Sept. 1, 1948) replaced the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948). Prior to 1948, Section 1 of the Copeland Act was codified as 40 U.S.C. 276b. P.L 103-322, (Sept. 13, 1994, 108 Stat. 2147), substituted “fined under this title” for “fined not more than $5,000”.]

TITLE 40, U.S.C.

Sec. 3145. Regulations governing contractors and subcontractors

(a) In General.—The Secretary of Labor shall prescribe reasonable regulations for contractors and subcontractors engaged in constructing, carrying out, completing, or repairing public buildings, public works, or buildings or works that at least partly are financed by a loan or grant from the Federal Government. The regulations shall include a provision that each contractor and subcontractor each week must furnish a statement on the wages paid each employee during the prior week.

(b) Application.—Section 1001 of title 18 applies to the statements.

[Section 2 of the original Act of June 13, 1934, as amended prior to 2002, and codified as 40 U.S.C. 276c , was repealed, revised and codified as 40 U.S.C. 3145 by P.L. 107-217 (Aug. 21, 2002, 116 Stat. 1152, 1304,1309, 1313, 1315).]

Davis-Bacon and Related Acts (DBRA) Policies Acknowledgement Form

This Acknowledgement form describes policies that must be followed when undertaking construction projects funded with Community Development Block Grant (CDBG) and/or HOME Investment Partnerships (HOME) Program funds to ensure compliance with the labor laws and requirements. Under the DOL regulations, the prime or general contractor and the Sub-recipient are responsible for full compliance with applicable requirements, including all subcontractors on the project. The Bucks County Department of Housing and Community Development (HCD), as the CDBG or HOME grantee, is responsible for the administration and enforcement of the requirements to ensure compliance.

Please review, initial and sign the following policies in acknowledgment:

I acknowledge that I am required to maintain documentation that demonstrates compliance with Davis-Bacon prevailing wage requirements during the course of the project work and for a period of five years thereafter. I affirm that I shall make the records available to the County for review upon request. Such documentation includes completed weekly payroll reports for all contractor employees working on the covered job, this includes prime/general contractor for its employees and those of the subcontractor(s) if applicable.

I understand that the payrolls should be reviewed by the prime/general contractor to ensure that there are no discrepancies or underpayments as per the applicable wage determination. I recognize that the HUD payroll form (WH-347) or alternative payroll documentation that includes the same elements to determine compliance with applicable regulations is required to be submitted. I further acknowledge that physical and original signed certified payrolls must be mailed to HCD in a timely manner.

I acknowledge that all submitted certified payrolls must include proper designation of trade and classification in accordance with the wage decision applicable to the project for each worker based on the actual type of work he/she performed on the project.

I recognize that if the wage determination applicable to the project is missing a wage rate needed for a specific job classification, HCD must be notified in writing with an attached job description. HCD will submit a conformance request for the proposed additional classification and wage rate by the Department of Labor (DOL).

I also understand that if apprentices or trainees are employed, the prime/general contractor must provide HCD with a copy of the employee(s) registration in an approved program demonstrating ratio and wage schedule with the first payroll on which an apprentice or trainee appears. I further acknowledge that if any apprentice or trainee that is not registered in an approved program must receive the journeyman's wage rate for the classification of work they performed.

I also acknowledge that a Statement of Compliance must be completed and signed by an authorized representative of the company with all submitted payroll forms. This statement shall be executed by the Owner, Principal, or President of the Firm/Company. The Statement of Compliance may only be signed by an authorized employee if the

“Certificate from Contractor Appointing Officer or Employee to Supervise Payment of Employees” form or a letter authorizing such a delegation is submitted to HCD.

I understand that if a portion of prevailing wages is in the form of employer contributions to a benefits plan, verification of such contributions may be requested via an account statement from the benefits plan(s) administrator. I recognize that acceptable types of fringe benefits plans include: health insurance, life insurance, disability insurance, dental insurance, tuition assistance, retirement plans, apprenticeship costs, sick leave, and paid vacation days. Employee contributions to benefits plan should not be included in the fringe benefit calculation. If contributions are completed through a union, such rates must be evidenced by the prospective union collective bargaining agreement.

I further recognize that deductions required by law such as FICA, worker’s compensation, and unemployment benefits do not qualify as fringe benefits.

I understand that payroll deductions which do not require approval, are permitted by DOL Regulations 29 CFR Part 3 and include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings accounts, payments on judgments and other financial obligations legally imposed against the employee, and any other legally-permissible deduction authorized by the employee. “Other/miscellaneous” deductions should be identified. Any voluntary deduction (that is, not required by law or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collective bargaining (union) agreement. The employee authorization form should accompany the first payroll on which the other deduction appears.

Signature Date

Name Printed, Title Company

Certificate from Contractor Appointing Officer or Employee to Supervise Payment of Employees

Project Name: Date:

Location: Project No.:

In accordance with 29 CFR 3.3(b), each contractor and subcontractor shall furnish a weekly statement with respect to the wages paid to each of its employees engaged on work covered by the above mentioned project. This statement shall be executed by the Owner, Principal, or President of the Firm/Company or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and shall certify, and sign the back of Form WH 347 or on any form with identical wording; as set forth below.

I/We (Name of Firm/ Corporation) hereby certify that I am/we are the prime contractor/subcontractor for:

(Project Name/Location) in, and that I/We have appointed:

(Authorized Officer/Employee Name), (Authorized Officer/Employee Title) whose signature appears below, to supervise the payment of my/our employees beginning , 20 , that he/she is in a position to have full knowledge of the facts set forth in the payroll documents and in the settlement of compliance required by the so-called Kick-Back Statute which he/she is to execute with my/our full authority and approval until such time as I/We submit to the Bucks County Department of

Housing & Community Development a new certificate appointing some other person for the purposes hereinabove stated.

Identifying Signature of Appointee

Printed Name of Appointee

Witness:

Owner/President/Principal -Signature Signature

Title Title

Note: This certificate must be executed by an authorized officer of a corporation or by a member of a partnership, and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed, a new certificate must accompany the first payroll for which the new appointee executes a statement of compliance required by the Kick-Back Statute.

Fringe Benefit Statement

COMPANY INFORMATION

Company Name Date

Street Address Suite/Unit #

City State Zip

License Number Issuing State(s)

Classification Expiration

CONTRACT INFORMATION

Project Name/Number Contract Number

In order that the proper Fringe Benefit rates can be verified for checking payrolls in relation to the wage determination as set forth for the above project, the hourly rates for Fringe Benefits made for employees on the various classes of work are tabulated below. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE FIRST CERTIFIED PAYROLL, OR WHEN THERE HAVE BEEN ANY CHANGES.

CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME AND ADDRESS OF PLAN, FUND OR PROGRAM

Effective Date

Vacation

Health & Welfare

Pension

Apprentice/ Training

Other $

CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME AND ADDRESS OF PLAN, FUND OR PROGRAM

Effective Date

Vacation

Health & Welfare

Pension

Apprentice/ Training

Other

Page of

SIGNATURE

I hereby certify that fringe benefits are paid to the approved Plans, Funds, or Programs as listed above.

Print Name Title/Position

Authorized Signature Date

Payroll Deduction Authorization Form

Contractor/Employer Name:

Project Site:

Employee Certification:

I, hereby authorize (employee name) (contractor name) to deduct from my wages the appropriate dollar amount of voluntarily purchased benefits and/ or other payments for which I am responsible as indicated below.

This deduction pays for: (Mark all appropriate types and specify amounts or rates accordingly)

Loan Repayment Retirement Profit Sharing Advance

Uniforms 401K Tools Materials

Charitable Donations Insurance Premiums Savings Bonds Union Dues

Employee Garnishments (Domestic Relations, taxes, etc.)

Other:

When does this deduction happen? (Mark all appropriate times)

One time only Weekly Monthly times for weeks

Has anyone threatened, forced, or coerced you into giving up any part of your pay? Yes No

Employee's Name:

Employee's Signature: Date:

Employer Certification:

I, hereby certify that the above deductions are made as

(Project Owner/ Contractor) requested by the above captioned employee.

Employer’s Name:

Employer's Signature: Date:

Davis Bacon Requirement

Posting the Wage Determination and Notice to Employees

The Contractor is required to display on the job site a copy of the applicable Davis-Bacon wage decision and the form WH-1321. Notice to Employees.

The purpose of this posting is to provide information to the construction laborers and mechanics working on the project about their entitlement to the prevailing wage rate for their trade and to inform them of who to contact (the contract administrator) if they have any questions or want to file a complaint.