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Minnesota Department of Transportation EEO Special Provisions
<br />Office of Civil Rights 07/12
<br />REQUIRED CONTRACT PROVISIONS (cont.)
<br />debarred, suspended, proposed for debarment, declared
<br />ineligible, or voluntarily excluded from participating in covered
<br />transactions by any Federal department or agency.
<br />2. Where the prospective lower tier participant is unable to
<br />certify to any of the statements in this certification, such
<br />prospective participant shall attach an explanation to this
<br />proposal.
<br />XI. CERTIFICATION REGARDING USE OF CONTRACT
<br />FUNDS FOR LOBBYING
<br />This provision is applicable to all Federal -aid construction
<br />contracts and to all related subcontracts which exceed $100,000
<br />(49 CFR 20).
<br />1. The prospective participant certifies, by signing and
<br />submitting this bid or proposal, to the best of his or her
<br />knowledge and belief, that:
<br />a. No Federal appropriated funds have been paid or will be
<br />paid, by or on behalf of the undersigned, to any person for
<br />influencing or attempting to influence an officer or employee of
<br />any Federal agency, a Member of Congress, an officer or
<br />employee of Congress, or an employee of a Member of Congress
<br />in connection with the awarding of any Federal contract, the
<br />making of any Federal grant, the making of any Federal loan, the
<br />entering into of any cooperative agreement, and the extension,
<br />continuation, renewal, amendment, or modification of any
<br />Federal contract, grant, loan, or cooperative agreement.
<br />b. If any funds other than Federal appropriated funds have
<br />been paid or will be paid to any person for influencing or
<br />attempting to influence an officer or employee of any Federal
<br />agency, a Member of Congress, an officer or employee of
<br />Congress, or an employee of a Member of Congress in
<br />connection with this Federal contract, grant, loan, or cooperative
<br />agreement, the undersigned shall complete and submit Standard
<br />Form-LLL, "Disclosure Form to Report Lobbying," in
<br />accordance with its instructions.
<br />2. This certification is a material representation of fact upon
<br />which reliance was placed when this transaction was made or
<br />entered into. Submission of this certification is a prerequisite for
<br />making or entering into this transaction imposed by 31 U.S.C.
<br />1352. Any person who fails to file the required certification shall
<br />be subject to a civil penalty of not less than $10,000 and not
<br />more than $100,000 for each such failure.
<br />3. The prospective participant also agrees by submitting its bid
<br />or proposal that the participant shall require that the language of
<br />this certification be included in all lower tier subcontracts, which
<br />exceed $100,000 and that all such recipients shall certify and
<br />disclose accordingly.
<br />ATTACHMENT A - EMPLOYMENT AND MATERIALS
<br />PREFERENCE FOR APPALACHIAN DEVELOPMENT
<br />HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
<br />ROAD CONTRACTS
<br />This provision is applicable to all Federal -aid projects funded
<br />under the Appalachian Regional Development Act of 1965.
<br />1. During the performance of this contract, the contractor
<br />undertaking to do work which is, or reasonably may be, done as
<br />on -site work, shall give preference to qualified persons who
<br />regularly reside in the labor area as designated by the DOL
<br />wherein the contract work is situated, or the subregion, or the
<br />Appalachian counties of the State wherein the contract work is
<br />situated, except:
<br />a. To the extent that qualified persons regularly residing in the
<br />area are not available.
<br />b. For the reasonable needs of the contractor to employ
<br />supervisory or specially experienced personnel necessary to
<br />assure an efficient execution of the contract work.
<br />c. For the obligation of the contractor to offer employment to
<br />present or former employees as the result of a lawful collective
<br />bargaining contract, provided that the number of nonresident
<br />persons employed under this subparagraph (1c) shall not exceed
<br />20 percent of the total number of employees employed by the
<br />contractor on the contract work, except as provided in
<br />subparagraph (4) below.
<br />2. The contractor shall place a job order with the State
<br />Employment Service indicating (a) the classifications of the
<br />laborers, mechanics and other employees required to perform the
<br />contract work, (b) the number of employees required in each
<br />classification, (c) the date on which the participant estimates such
<br />employees will be required, and (d) any other pertinent
<br />information required by the State Employment Service to
<br />complete the job order form. The job order may be placed with
<br />the State Employment Service in writing or by telephone. If
<br />during the course of the contract work, the information submitted
<br />by the contractor in the original job order is substantially
<br />modified, the participant shall promptly notify the State
<br />Employment Service.
<br />3. The contractor shall give full consideration to all qualified
<br />job applicants referred to him by the State Employment Service.
<br />The contractor is not required to grant employment to any job
<br />applicants who, in his opinion, are not qualified to perform the
<br />classification of work required.
<br />4. If, within one week following the placing of a job order by
<br />the contractor with the State Employment Service, the State
<br />Employment Service is unable to refer any qualified job
<br />applicants to the contractor, or less than the number requested,
<br />the State Employment Service will forward a certificate to the
<br />contractor indicating the unavailability of applicants. Such
<br />certificate shall be made a part of the contractor's permanent
<br />project records. Upon receipt of this certificate, the contractor
<br />may employ persons who do not normally reside in the labor area
<br />to fill positions covered by the certificate, notwithstanding the
<br />provisions of subparagraph (1c) above.
<br />5. The provisions of 23 CFR 633.207(e) allow the
<br />contracting agency to provide a contractual preference for the use
<br />of mineral resource materials native to the Appalachian region.
<br />EEO Page 38
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