Exhibit A-Federal Contract Provisions.pdf

Federal Contract Provisions

The Contractor shall be responsible for adhering to the following Federal Contract Provisions:

1. NONDISCRIMINATION

Contractor covenants and agrees that no person shall be subject to discrimination or denied benefits in connection with the Contractor’s performance under the agreement. Accordingly, and to the extent applicable, the Contractor covenants and agrees to comply with the following national policies prohibiting discrimination:

a. On the basis of race, color or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C.

Section 2000d et seq.), as implemented by DoD regulations at 32 CFR Part 195.

b. On the basis of race, color or national origin, in Executive Order 11246 as implemented by Department of Labor regulations at 41 CFR Chapter 60.

c. On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C. Section

1681, et seq.), as implemented by DoD regulations at 32 CFR Part 196.

d. On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. Section 6101, et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR Part 90.

e. On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by the Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR Part 56.

2. LOBBYING RESTRICTIONS

a. By accepting funds under contract, Contractor agrees that none of the funds obligated on the contract shall be expended, directly or indirectly, to pay any person for influencing or attempting to influence an officer or employee of any agency, or a Member of Congress in connection with any of the following covered federal actions. The awarding of any federal contract; the making of any federal grant; the making of any federal loan; the entering into, extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or Cooperative Agreement.

b. The Final Rule, New Restrictions on Lobbying, issued by the Office of Management and Budget and the

Department of Defense (32 CFR Part 28) to implement the provisions of Section 319 of Public Law 101-121 (31 U.S.C. Section 1352) is incorporated by reference and the Contractor agrees to comply with all the provisions thereof, including any amendments to the Interim Final Rule that may hereafter be issued.

3. DRUG-FREE WORK PLACE

The Contractor covenants and agrees to comply with the requirements regarding drug-free workplace requirements in 32 CFR Part 26, which implements Section 5151-5160 of the Drug-Free Workplace act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.).

4. ENVIRONMENTAL PROTECTION

a. The Contractor covenants and agrees that its performance under this Agreement shall comply with:

1) The requirements of Section 114 of the Clean Air Act (42 U.S.C. Section 7414);

2) Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section 1318), that relates generally to inspection, monitoring, entry reports, and information, and with all regulations and guidelines issued thereunder;

3) The Resources Conservation and Recovery Act (RCRA);

4) The Comprehensive Environmental Response, Compensation and Liabilities Act (CERCLA);

5) The National Environmental Policy Act (NEPA);

6) The Solid Waste Disposal Act (SWDA);

7) The applicable provisions of the Clean Air Act (42 U.S.C. 7401, et seq.) and Clean Water Act (33

U.S.C. 1251, et seq.), as implemented by Executive Order 11738 and Environmental Protection Agency (EPA) rules at 40 CFR Part 31;

8) To identify any impact this award may have on the quality of the human environment and provide help as needed to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321, et seq.) and any applicable federal, state or local environmental regulation.

b. In accordance with the EPA rules, the Contract further agrees that the Contractor shall also identify to

DMVA any impact this award may have on:

1) The quality of the human environment, and provide help that DMVA may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321, et seq.) and to prepare Environmental Impact Statements or other required environmental documentation. In such cases, the recipient agrees to take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as break ground) until the DMVA provides written notification of compliance with the environmental impact analysis process.

2) Flood-prone areas, and provide help that DMVA may need to comply with the National Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001, et seq.), which require flood insurance, when available, for federally assisted construction or acquisition in flood-prone areas.

3) Coastal zones, and provide help that DMVA may need to comply with the Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), concerning protection of U.S. coastal resources.

4) Coastal barriers, and provide help that DMVA may need to comply with the Coastal Barriers Resource Act (16 U.S.C. 3501 et seq.), concerning preservation of barrier resources.

5) Any existing or proposed component of the National Wild and Scenic Rivers System, and provide help that DMVA may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.

1271 et seq.).

6) Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and proved help that DMVA may need to comply with the Safe Drinking Water Act (42 U.S.C. 300H-3).

5. DEBARMENT AND SUSPENSION

Contractors are subject to the non-procurement debarment and suspension regulations implementing

Executive Order 12549 and 12689, 2 CFR part 180. These regulations restrict awards, sub-awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. DMVA is required to comply with the DOD implementation of 2 CFR Part 180 (at 2 CFR Part 1125) by checking the Excluded Parties List System (EPLS) at www.sam.gov to verify contractor eligibility to receive contracts and subcontracts resulting from this Agreement. The DMVA and sub-recipients shall not solicit offers from, nor award contracts to contractors listed in EPLS. This verification shall be documented in the DMVA and sub-recipient contract files, and shall be subject to audit by the Federal Program and Federal/State audit agencies.

6. BUY AMERICAN ACT

Contractor covenants and agrees to comply with the Buy American Act (41 U.S.C. 10a et seq.). The Buy

American Act gives preference to domestic end products and domestic construction material. In addition, the http://www.sam.gov/

Memorandum of Understanding between the United States of American and the European Economic Community (EEC) on Government Procurement, and the North American Free Trade Agreement (NAFTA), provide that EEC and NAFTA end products and construction materials are exempted from application of the Buy American Act.

7. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES

Contractor covenants and agrees to comply with CFR 49 part 24, which implements the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.) and provides for fair and equitable treatment of persons displaced by federally assisted programs or persons whose property is acquired as a result of such programs.

8. COPELAND “ANTI-KICKBACK” ACT

Contractor covenants and agrees to comply with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874) as supplemented in Department of Labor regulations (29 CFR Part 3). As applied to this agreement, the Copeland “Anti-Kickback” Act makes it unlawful to induce, by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment.

9. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

Contractor covenants agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety

Standards Act (40 U.S.C. Sections 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5). As applied to this agreement, the Contract Work Hours and Safety Standards Act specifies that no laborer or mechanic doing any part of the work contemplated by this agreement shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at not less than

1.5 times the basic rate of pay.