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FHWA-1273-- Revised May 1,2012
<br /> REQUIRED CONTRACT PROVISIONS
<br /> FEDERAL-AID CONSTRUCTION CONTRACTS
<br /> I. General 3. A breach of any of the stipulations contained in these
<br /> II. Nondiscrimination Required Contract Provisions may be sufficient grounds for
<br /> III. Nonsegregated Facilities withholding of progress payments,withholding of final
<br /> IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment
<br /> V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
<br /> Provisions contracting agency and FHWA.
<br /> VI. Subletting or Assigning the Contract
<br /> VII. Safety:Accident Prevention 4. Selection of Labor: During the performance of this contract,
<br /> VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
<br /> IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
<br /> Pollution Control Act highway unless it is labor performed by convicts who are on
<br /> X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid
<br /> Debarment Requirements highway does not include roadways functionally classified as
<br /> Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
<br /> Lobbying
<br /> ATTACHMENTS II. NONDISCRIMINATION
<br /> A. Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
<br /> Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
<br /> Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The
<br /> provisions of 23 CFR Part 230 are not applicable to material
<br /> supply,engineering,or architectural service contracts.
<br /> I. GENERAL
<br /> In addition,the contractor and all subcontractors must comply
<br /> 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60,
<br /> construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the
<br /> emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI
<br /> contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related
<br /> subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR
<br /> subcontracts(excluding purchase orders, rental agreements Parts 200,230,and 633.
<br /> and other agreements for supplies or services).
<br /> The contractor and all subcontractors must comply with: the
<br /> The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
<br /> incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000,
<br /> order, rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity
<br /> prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3.
<br /> subcontractor, lower-tier subcontractor or service provider.
<br /> Note:The U.S.Department of Labor has exclusive authority to
<br /> Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
<br /> build contracts, in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29
<br /> subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have
<br /> purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compliance with
<br /> supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as
<br /> for compliance by any subcontractor, lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of
<br /> or service provider. 1964,as amended,and related regulations including 49 CFR
<br /> Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633.
<br /> Contracting agencies may reference Form FHWA-1273 in bid
<br /> proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix
<br /> Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S.
<br /> referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements.
<br /> subcontracts(excluding purchase orders,rental agreements
<br /> and other agreements for supplies or services related to a 1.Equal Employment Opportunity: Equal employment
<br /> construction contract). opportunity(EEO)requirements not to discriminate and to take
<br /> affirmative action to assure equal opportunity as set forth
<br /> 2. Subject to the applicability criteria noted in the following under laws,executive orders, rules,regulations(28 CFR 35,
<br /> sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)
<br /> performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
<br /> and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23
<br /> immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative
<br /> contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under
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