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4.6. SR 12-18-2017
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4.6. SR 12-18-2017
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MnDOT Contract No. 1029944 <br /> compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR <br /> Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every <br /> mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard <br /> work week is permissible provided that the worker is compensated at a rate of not less than one and a half <br /> times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of <br /> 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be <br /> required to work in surroundings or under working conditions which are unsanitary, hazardous or <br /> dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily <br /> available on the open market, or contracts for transportation or transmission of intelligence. <br /> 18.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of <br /> "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a <br /> contract with a small business firm or nonprofit organization regarding the substitution of parties, <br /> assignment or performance of experimental, developmental, or research work under that"funding <br /> agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to <br /> Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts <br /> and Cooperative Agreements," and any implementing regulations issued by the awarding agency. <br /> 18.7. Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), <br /> as amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that <br /> requires the non-Federal award to agree to comply with all applicable standards, orders or regulations <br /> issued under the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as <br /> amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the <br /> Regional Office of the Environmental Protection Agency (EPA). <br /> 18.8. Debarment and Suspension. (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) <br /> must not be made to parties listed on the government wide exclusions in the System for Award <br /> Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders <br /> 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and <br /> Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by <br /> agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive <br /> Order 12549. <br /> 18.9. Byrd Anti-Lobbying Amendment. (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding <br /> $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not <br /> used Federal appropriated funds to pay any person or organization for influencing or attempting to <br /> influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or <br /> an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other <br /> award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that <br /> takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier <br /> up to the non-Federal award. <br /> 18.10. Procurement of Recovered Materials. See 2 CFR 200.322 Procurement of Recovered Materials. <br /> 18.11. Drug-Free Workplace. In accordance with 2 C.F.R. § 32.400,the Local Government will comply with the <br /> Drug-Free Workplace requirements under subpart B of 49 C.F.R. Part 32. <br /> 18.12. Nondiscrimination. The Local Government hereby agrees that, as a condition of receiving any Federal <br /> financial assistance under this agreement, it will comply with Title VI of the Civil Rights Act of 1964(78 Stat. <br /> 252,42 U.S.C. § 2000d), related nondiscrimination statutes (i.e., 23 U.S.C. § 324,Section 504 of the <br /> Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and applicable regulatory <br /> requirements to the end that no person in the United States shall, on the grounds of race,color, national <br /> origin, sex, handicap, or age be excluded from participation in, be denied the benefits of, or otherwise be <br /> 10 <br />
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