Vl. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specially items may be
performed by subcontract and the amount of any such
speciaity items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
eguipment of a subcontractor or jower tier subcontractor,
agents of the prime contractor, or any other assignees The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activilies of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees:
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and ail
other Federal regulatory requiremenis.
b. “Specialty Items" shall be construed to be timited to work
lhat requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualifled and expected {o bid or propose on the
contract as a whole and In general are to be limited to minor
components of the overall contract.
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section Vi is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shail furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of ils
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary lo assure the performance of the contract.
4. No portion of the contract shall be subiel, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it coniains all pertinent provisions
and requirements of the prime contract
5 The 30% self-performance requirement of paragraph (1) 1s
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements
VH. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federalaid
construction coniracts and to all related subcontracts.
1, In the performance of this contract the contractor shall
comply with ail applicable Federal, State, and local laws
governing safely, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safely devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
feasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, In performance
af the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safely and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704)
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance \o Inspect or investigale the matter of compilance
with the construction safely and health standards and to carry
oul the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
Vill, FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid
construction contracts and to all related subcontracts
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of rellability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) In one or more
places where It is readily available to all persons concerned
with the project:
48 U.S.C. 1020 reads as follows:
