|
Minnesota Department of Transportation EEO Special Provisions
<br />Office of Civil Rights 07/12
<br />REQUIRED CONTRACT PROVISIONS (cont.)
<br />own organizational resources (supervision, management, and
<br />engineering services) as the contracting officer determines is
<br />necessary to assure the performance ofthe contract.
<br />4. No portion of the contract shall be sublet, assigned or
<br />otherwise disposed of except with the written consent of the
<br />contracting officer, or authorized representative, and such
<br />consent when given shall not be construed to relieve the
<br />contractor of any responsibility for the fulfillment of the contract.
<br />Written consent will be given only after the contracting agency
<br />has assured that each subcontract is evidenced in writing and that
<br />it contains all pertinent provisions and requirements of the prime
<br />contract.
<br />5. The 30% self -performance requirement of paragraph (1) is not
<br />applicable to design -build contracts; however, contracting
<br />agencies may establish their own self -performance requirements.
<br />VII. SAFETY: ACCIDENT PREVENTION
<br />This provision is applicable to all Federal -aid construction
<br />contracts and to all related subcontracts.
<br />1. In the performance of this contract the contractor shall comply
<br />with all applicable Federal, State, and local laws governing
<br />safety, health, and sanitation (23 CFR 635). The contractor shall
<br />provide all safeguards, safety devices and protective equipment
<br />and take any other needed actions as it determines, or as the
<br />contracting officer may determine, to be reasonably necessary to
<br />protect the life and health of employees on the job and the safety
<br />of the public and to protect property in connection with the
<br />performance of the work covered by the contract.
<br />2. It is a condition of this contract, and shall be made a condition
<br />of each subcontract, which the contractor enters into pursuant to
<br />this contract, that the contractor and any subcontractor shall not
<br />permit any employee, in performance of the contract, to work in
<br />surroundings or under conditions which are unsanitary,
<br />hazardous or dangerous to his/her health or safety, as determined
<br />under construction safety and health standards (29 CFR 1926)
<br />promulgated by the Secretary of Labor, in accordance with
<br />Section 107 of the Contract Work Hours and Safety Standards
<br />Act (40 U.S.C. 3704).
<br />3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
<br />that the Secretary of Labor or authorized representative thereof,
<br />shall have right of entry to any site of contract performance to
<br />inspect or investigate the matter of compliance with the
<br />construction safety and health standards and to carry out the
<br />duties of the Secretary under Section 107 of the Contract Work
<br />Hours and Safety Standards Act (40 U.S.C.3704).
<br />VIII. FALSE STATEMENTS CONCERNING HIGHWAY
<br />PROJECTS
<br />This provision is applicable to all Federal -aid construction
<br />contracts and to all related subcontracts.
<br />In order to assure high quality and durable construction in
<br />conformity with approved plans and specifications and a high
<br />degree of reliability on statements and representations made by
<br />engineers, contractors, suppliers, and workers on Federal -aid
<br />highway projects, it is essential that all persons concerned with
<br />the project perform their functions as carefully, thoroughly, and
<br />honestly as possible. Willful falsification, distortion, or
<br />misrepresentation with respect to any facts related to the project
<br />is a violation of Federal law. To prevent any misunderstanding
<br />regarding the seriousness of these and similar acts, Form FHWA-
<br />1022 shall be posted on each Federal -aid highway project (23
<br />CFR 635) in one or more places where it is readily available to
<br />all persons concerned with the project:
<br />18 U.S.C. 1020 reads as follows:
<br />"Whoever, being an officer, agent, or employee of the United
<br />States, or of any State or Territory, or whoever, whether a person,
<br />association, firm, or corporation, knowingly makes any false
<br />statement, false representation, or false report as to the character,
<br />quality, quantity, or cost ofthe material used or to be used, or the
<br />quantity or quality of the work performed or to be performed, or
<br />the cost thereof in connection with the submission of plans,
<br />maps, specifications, contracts, or costs of construction on any
<br />highway or related project submitted for approval to the
<br />Secretary of Transportation; or
<br />Whoever knowingly makes any false statement, false
<br />representation, false report or false claim with respect to the
<br />character, quality, quantity, or cost of any work performed or to
<br />be performed, or materials furnished or to be furnished, in
<br />connection with the construction of any highway or related
<br />project approved by the Secretary of Transportation; or
<br />Whoever knowingly makes any false statement or false
<br />representation as to material fact in any statement, certificate, or
<br />report submitted pursuant to provisions of the Federal -aid Roads
<br />Act approved July 1, 1916, (39 Stat. 355), as amended and
<br />supplemented;
<br />Shall be fined under this title or imprisoned not more than 5
<br />years or both."
<br />IX. IMPLEMENTATION OF CLEAN AIR ACT AND
<br />FEDERAL WATER POLLUTION CONTROL ACT
<br />This provision is applicable to all Federal -aid construction
<br />contracts and to all related subcontracts.
<br />By submission of this bid/proposal or the execution of this
<br />contract, or subcontract, as appropriate, the bidder, proposer,
<br />Federal -aid construction contractor, or subcontractor, as
<br />appropriate, will be deemed to have stipulated as follows:
<br />1. That any person who is or will be utilized in the performance
<br />of this contract is not prohibited from receiving an award due to a
<br />violation of Section 508 of the Clean Water Act or Section 306
<br />of the Clean Air Act.
<br />EEO Page 35
<br />
|