APPLICABLE TO ALL SUBCONTRACTS ORDERS EXCEPT WHEN OTHERWISE INDICATED IN ITALICS

Transcription

1 FLOWDOWN CLAUSES FOR FOR WORK PROVIDED BY U.S. AND FOREIGN FIRMS IN SUPPORT OF PORTSMOUTH DECONTAMINATION AND DECOMMISSIONING AT GASESOUS DIFFUSION PLANT CONTRACT DE-AC30-10CC40017 FAR/DOE CLAUSES INCORPORATED BY REFERENCE The Federal Acquisition Regulations (FAR) and the Department of Energy (DOE) FAR Supplement (DEAR) clauses set forth below are incorporated herein by reference and shall have the same force and effect as if printed in full text. Wherever necessary to make the context of the clauses applicable to this Contract, whether incorporated by reference or in full text, the term "Contract" shall mean this Contract, and the terms "Government", "Contracting Officer" and equivalent phrases shall mean Buyer, and Buyer's Contract Administrator, respectively. Upon request Company will make the full text of the clauses available. The Contracting Officer may at any time without advance notification make changes in the prime contract. Any changes to the prime contract that requires an adjustment, the subcontractor must assert its right for adjustment under the Changes clause. Also, the full text of a clause may be accessed electronically at this address: CLAUSE NUMBER TITLE APPLICABLE TO ALL SUBCONTRACTS ORDERS EXCEPT WHEN OTHERWISE INDICATED IN ITALICS FAR CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME COMPENSATION (JUL 2005) FAR COMBATING TRAFFICKING IN PERSONS (FEB 2009) FAR PRIVACY ACT (APR 1984) FAR RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR REFUND OF ROYALTIES (APR 1984) FAR SUBCONTRACTS FOR COMMERCIAL ITEMS (FEB 2009) DEAR WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (DEC 2000) DEAR CLASSIFICATION/DECLASSIFICATION (SEP 1997) DEAR PRINTING (APR 1984) DEAR NUCLEAR HAZARDS INDEMNITY AGREEMENT (JUN 1996) DEAR ACCESS TO AND OWNERSHIP OF RECORDS (JUL 2005) DEAR INTEGRATION OF ENVIRONMENT, SAFETY, AND HEALTH INTO WORK PLANNING AND EXECUTION (DEC 2000) DEAR RIGHTS IN DATA-FACILITIES (DEC 2000) APPLICABLE TO SUBCONTRACTS EXCEEDING $2,000

2 FAR DAVIS-BACON ACT (JUL 2005) FAR WITHHOLDING OF FUNDS (FEB 1988) FAR PAYROLLS AND BASIC RECORDS (FEB 1988) FAR APPRENTICES AND TRAINEES (JUL 2005) FAR SUBCONTRACTS (LABOR STANDARDS) (JUL 2005) APPLICABLE TO SUBCONTRACTS EXCEEDING $2,500 FAR Service Contract Act of 1965 As Amended (NOV 2007) Note that if the Service Contract Act is marked as applying to this procurement action, then the Contractor shall reference and utilize the attached SCA Wage Determination - Pike CO Ohio (Rev.-14). The SCA Wage Determination is updated periodically, generally every 6 months, and the Contractor is responsible for utilizing the most current rates in the event an update changes. Updates can be checked and downloaded at the following web address: APPLICABLE TO SUBCONTRACTS EXCEEDING $3,000 FAR EMPLOYMENT ELIGIBILITY VERIFICATION APPLICABLE TO SUBCONTRACTS EXCEEDING $10,000 FAR EQUAL OPPORTUNITY (MAR 2007) FAR AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999) FAR AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) APPLICABLE TO SUBCONTRACTS EXCEEDING $25,000 FAR BUY AMERICAN ACT SUPPLIES (FEB 2009) APPLICABLE TO SUBCONTRACTS EXCEEDING $30,000 FAR PROTECTING THE GOVERNMENT S INTEREST WHEN SUBCONTRACTING WITH CONTRACTOR S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006) APPLICABLE TO SUBCONTRACTS EXCEEDING $100,000 FAR FAR EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) FAR DEFINITIONS (JUL 2004) FAR GRATUITIES (APR 1984) APPLICABLE TO SUBCONTRACTS EXCEEDING $150,000

3 FAR RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR ANTI-KICKBACK PROCEDURES (JUL 1995) FAR LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) FAR INTEGRITY OF UNIT PRICES (OCT 1997) FAR UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) FAR AUTHORIZATION AND CONSENT (DEC 2007) FAR NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007) FAR VALUE ENGINEERING (FEB 2000) DEAR ORGANIZATIONAL CONFLICTS OF INTEREST ALTERNATE I (JUN 1997) APPLICABLE TO SUBCONTRACTS EXCEEDING $650,000 FAR SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) ALTERNATE II (OCT 2001) APPLICABLE TO SUBCONTRACTS EXCEEDING $700,000 FAR SUBCONTRACTOR COST OR PRICING DATA-MODIFICATIONS (OCT 1997) FAR PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2004) FAR REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS (JUL 2005) FAR COST ACCOUNTING STANDARDS (OCT 2008) APPLICABLE TO SUBCONTRACTS EXCEEDING $5,000,000 FAR CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008) CLAUSES INCORPORATED IN FULL TEXT FAR , WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAR 2009) (a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L ). (b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts. (End of Clause)

4 FAR , NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) (a) Definition. As used in this clause United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C )). Notice to Employees Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment. If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments. For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number: National Labor Relations Board Division of Information th Street, N.W. Washington, DC (TTY) To locate the nearest NLRB office, see NLRB's website at (c) The Contractor shall comply with all provisions of Executive Order of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor. (d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law. (e) The requirement to post the employee notice in paragraph (b) does not apply to (1) Contractors and subcontractors that employ fewer than 15 persons;

5 (2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor s employees; (3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements; (4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that (i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and (ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or (5) Work outside the United States that does not involve the recruitment or employment of workers within the United States. (f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall (1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor- Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department s Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Download a copy of the poster from the Office of Labor-Management Standards website at or (3) Reproduce and use exact duplicate copies of the Department of Labor s official poster. (g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart B Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States. (End of Clause) DEAR , DISPLACED EMPLOYEE HIRING PREFERENCE (JUNE 1997) (a) Definition. Eligible employee means a current or former employee of a contractor or subcontractor employed at a Department of Energy Defense Nuclear Facility (1) whose position of employment has been, or will be, involuntarily terminated (except if terminated for cause), (2) who has also met the eligibility criteria contained in the Department of Energy guidance for contractor work force restructuring, as may be amended or supplemented from time to time, and (3) who is qualified for a particular job vacancy with the Department or one of its contractors with respect to work under its contract with the Department at the time the particular position is available. (b) Consistent with Department of Energy guidance for contractor work force restructuring, as may be amended or supplemented from time to time, the contractor agrees that it will provide a preference in hiring to an eligible employee to the extent practicable for work performed under this contract. (c) The requirements of this clause shall be included in subcontracts at any tier (except for subcontracts for commercial items pursuant to 41 U.S.C. 403) expected to exceed $500,000. (End of Clause)

6 DEAR , AFFIRMATIVE PROGRAM AS MODIFIED BY DOE ACQUISITION LETTER (APR 2008) (a) In the performance of this contract, the Contractor shall comply with the requirements of Executive Order and the U.S. Department of Energy (DOE) Affirmative Procurement Program Guidance. This guidance includes requirements concerning environmentally preferable products and services, recycled content products and biobased products. This guidance is available on the Internet. (b) In complying with the requirements of paragraph (a) of this clause, the Contractor shall coordinate its activities with the DOE Recycling Coordinator. Reports required by paragraph (c) of this clause shall be submitted through the DOE Recycling Coordinator. (c) The Contractor shall prepare and submit reports, at the end of the Federal fiscal year, on matters related to the acquisition of items designated in EPA's Comprehensive Procurement Guidelines that Federal agencies and their Contractors are to procure with recovered/recycled content. (d) If the Contractor subcontracts a significant portion of the operation of the Government facility which includes the acquisition of items designated in EPA's Comprehensive Procurement Guidelines, the subcontract shall contain a clause substantially the same as this clause. The EPA Comprehensive Procurement Guidelines identify products which Federal agencies and their Contractors are to procure with recycled content pursuant to 40 CFR 247. Examples of such a subcontract would be operation of the facility supply function, construction or remodeling at the facility, or maintenance of the facility motor vehicle fleet. In situations in which the facility management contractor can reasonably determine the amount of products with recovered/recycled content to be acquired under the subcontract, the facility management contractor is not required to flow down the reporting requirement of this clause. Instead, the facility management contractor may include such quantities in its own report and include an agreement in the subcontract that such products will be acquired with recovered/recycled content and that the subcontractor will advise if it is unable to procure such products with recovered/recycled content because the product is not available (i) competitively within a reasonable time, (ii) at a reasonable price, or, (iii) within the performance requirements. If reports are required of the subcontractor, such reports shall be submitted to the facility management contractor. The reports may be submitted at the conclusion of the subcontract term provided that the subcontract delivery term is not multi-year in nature. If the delivery term is multi-year, the subcontractor shall report its accomplishments for each Federal fiscal year in a manner and at a time or times acceptable to both parties (e) When this clause is used in a subcontract, the word "Contractor" will be understood to mean "subcontractor" and the term "DOE Recycling Coordinator" will be understood to mean "Contractor Recycling Coordinator. (End of Clause) DEAR , WORKFORCE RESTRUCTURING UNDER SECTION 3161 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1993 (DEC 2000) (a) Consistent with the objectives of Section 3161 of the National Defense Authorization Act for Fiscal Year 1993, 42 U.S.C. 7274h, in instances where the Department of Energy has determined that a change in workforce at a Department of Energy Defense Nuclear Facility is necessary, the contractor agrees to (1) comply with the Department of Energy Workforce Restructuring Plan for the facility, if applicable, and (2) use its best efforts to accomplish workforce restructuring or displacement so as to mitigate social and economic impacts. (b) The requirements of this clause shall be included in subcontracts at any tier (except subcontracts for commercial items pursuant to 41 U.S.C. 403) expected to exceed $500,000. (End of Clause)

7 SPECIAL CONTRACT REQUIREMENT MARKING (a) Each package, report, or other deliverable shall be accompanied by a cover letter that: (1) Identifies the contract by number under which the item is being delivered; and (2) Identifies the deliverable item number or report requirement which requires the delivered item(s). (b) For any package, report, or other deliverable being delivered to a party other than the Contracting Officer (CO), a copy of the cover letter shall be furnished to the CO. However, the CO reserves the right to request a copy of the package, report or deliverable. SPECIAL CONTRACT REQUIREMENT WORK STOPPAGE AND SHUTDOWN AUTHORIZATION (A) Imminent Health and Safety Hazard is a given condition or situation which, if not immediately corrected, could result in a serious injury or death, including exposure to radiation and toxic/hazardous chemicals. Imminent Danger in relation to the facility safety envelope is a condition, situation, or proposed activity which, if not terminated, could cause, prevent mitigation of, or seriously increase the risk of (1) nuclear criticality, (2) radiation exposure, (3) fire/explosion, and/or (4) toxic hazardous chemical exposure. (B) Work Stoppage. In the event of an imminent health and safety hazard, identified by facility line management or operators or facility health and safety personnel overviewing facility operations, or other individuals, the individual or group identifying the imminent hazard situation shall immediately take actions to eliminate or mitigate the hazard (i.e., by directing the operator/implementer of the activity or process causing the imminent hazard to stop work, or by initiating emergency response actions or other actions) to protect the health and safety of the workers and the public, and to protect U.S. Department of Energy (DOE) facilities and the environment. In the event an imminent health and safety hazard is identified, the individual or group identifying the hazard should coordinate with an appropriate contractor official, who will direct the shutdown or other actions, as required. Such mitigating action should subsequently be coordinated with the DOE and contractor management. The suspension or stop-work order should be promptly confirmed in writing from the Contracting Officer. (C) Shutdown. In the event of an imminent danger in relation to the facility safety envelope or a non-imminent health and safety hazard identified by facility line managers, facility operators, health and safety personnel overviewing facility operations, or by independent oversight organizations, the individual or group identifying the potential health and safety hazard may recommend facility shutdown in addition to any immediate actions needed to mitigate the situation. However, the recommendation must be coordinated with contractor management, and the DOE Portsmouth/Paducah Project Office (PPPO) Manager. Any written direction to suspend operations shall be issued by the Contracting Officer, pursuant to the Section F Clause entitled, FAR , Stop-Work Order. (D) Facility Representatives. DOE personnel designated as Facility Representatives provide the technical/safety oversight of operations. The Facility Representative has the authority to stop work, which applies to the shutdown of an entire plant, activity, or job. This stop-work authority will be used for an operation of a facility which is performing work the Facility Representative believes: (1) Poses an imminent danger to health and safety of workers or the public if allowed to continue; (2) Could adversely affect the safe operation of, or could cause serious damage to the facility if allowed to continue; or (3) Could result in the release of radiological or chemical hazards to the environment in excess of regulatory limits. (E) This clause flows down to all subcontractors at all tiers. Therefore, the contractor shall insert a clause, modified appropriately to substitute contractor representatives for the Contracting Officer in all subcontracts.

8 SPECIAL CONTRACT REQUIREMENT EMERGENCY CLAUSE (A) The U.S. Department of Energy (DOE) Portsmouth/Paducah Project Office (PPPO) Manager or designee shall have sole discretion to determine when an emergency situation exists at the Portsmouth site. In the event that either the DOE-PPPO Manager or designee determines such an emergency exists, the applicable DOE Manager or designee will have the authority to direct any and all activities of the contractor and subcontractors necessary to resolve the emergency situation. The applicable DOE Manager or designee may direct the activities of the contractor and subcontractors throughout the duration of the emergency. (B) The contractor shall include this Clause in all subcontracts at any tier for work performed at the Portsmouth site. SPECIAL CONTRACT REQUIREMENT ASSIGNMENT AND ADMINISTRATION OF SUBCONTRACTS (A) Assignment of Subcontracts. The Government reserves the right to direct the contractor to assign to the Government or another contractor any subcontract awarded under this contract, including lower-tier subcontracts. This Clause is required as a flow-down Clause in all subcontracts. (B) Assignment of DOE Prime Contracts. During the period of performance of this Contract it may become necessary for the U.S. Department of Energy (DOE) to transfer and assign existing or future DOE prime contracts supporting site work to this contract. The contractor shall accept the transfers and assignments. The transfer of these prime contracts will be for administration purposes and in effect the transferred contracts will become subcontracts to this contract. Any recommendations and/or suggestions on individual transfers shall be submitted in writing to the Contracting Officer prior to the transfer or assignment. (C) Administration of Subcontracts. The administration of all subcontracts entered into and/or managed by the contractor, including responsibility for payment hereunder, shall remain with the contractor unless assigned at the direction of the DOE. (D) Transfer of Subcontracts. The contractor agrees to accept transfer of existing subcontracts as determined necessary by DOE for continuity of operations. The contractor shall attempt to negotiate changes to the assigned subcontracts incorporating mandatory flow-down provisions at no cost. If the subcontractor refuses to accept the changes or requests price adjustments, the contractor will notify the Contracting Officer in writing. SPECIAL CONTRACT REQUIREMENT SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (APR 2009) Preamble: Work performed under this contract will be funded, in whole or in part, with funds appropriated by the American Recovery and Reinvestment Act of 2009, Pub. L , (Recovery Act or Act). The Recovery Act s purposes are to stimulate the economy and to create and retain jobs. The Act gives preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds made available by it for activities that can be initiated not later than June 17, Contractors should begin planning activities for their first tier subcontractors, including obtaininga DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related Guidance. For projects funded by sources other than the Recovery Act, Contractors should plan to keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act.

9 The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning the how and where for the new reporting requirements. The Contractor will be provided these details as they become available. The Contractor must comply with all requirements of the Act. If the contractor believes there is any inconsistency between ARRA requirements and current contract requirements, the issues will be referred to the Contracting Officer for reconciliation. Be advised that special provisions may apply to projects funded by the Act relating to: Reporting, tracking and segregation of incurred costs; Reporting on job creation and preservation; Publication of information on the Internet; Protecting whistleblowers; and Requiring prompt referral of evidence of a false claim to the Inspector General. Definitions: For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the contract and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, Non-Federal employer means any employer with respect to Covered Funds the contractor or subcontractor, as the case may be, if the contractor or subcontractor is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving Covered Funds; or with respect to Covered Funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government. (A) Flow Down Provision This clause must be included in every first-tier subcontract. (B) Segregation and Payment of Costs Contractor must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. Where Recovery Act funds are authorized to be used in conjunction with other funding to complete projects, tracking and reporting must be separate from the original funding source to meet the reporting requirements of the Recovery Act and OMB Guidance. Invoices must clearly indicate the portion of the requested payment that is for work funded by the Recovery Act. For contractors currently using drawdown on a letter of credit, the current procedure remains in effect and is used for ARRA activity in lieu of invoicing. (C) Prohibition on Use of Funds None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L , may be for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. (D) Wage Rates All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L , shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan numbered 14 of 1950 (64 Stat. 1267, 5 U.S.C. App.) and section 3145 of title 40 United States Code. See

10 (E) Publication Information about this agreement will be published on the Internet and linked to the website maintained by the Accountability and Transparency Board (the Board). The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code. (F) Registration requirements Contractor shall ensure that all first-tier subcontractors have a DUNS numberand are registered in the Central Contractor Registration (CCR) no later than the date the first report is due under FAR , American Recovery and Reinvestment Act -- Reporting Requirements. (G) Utilization of Small Business Contractor shall to the maximum extent practicable give a preference to small business in the award of subcontracts for projects funded by Recovery Act dollars. H.43 GREEN PURCHASING UNDER DOE SERIVCE CONTRACTS Green Purchasing: Pursuant to clause H.43 of FBP s Contract with DOE, Vendor shall include products to the extent feasible, that promote the natural environment and the well being to personnel. Green purchasing includes the following initiatives: Alternative Fuels and Vehicles are described at Biobased Products are described at Energy efficient products are described at for Energy Star products and at for FEMP designated products. Environmentally Preferable Computers are described at Non-Ozone Depleting Products are described at Recycled Products are described at Water efficient products are described at NOTE: This document is Revision 2. It is current as of 28 JAN 2013 this is a Procurement specific Part IV.