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