(a) Any funds paid to a recipient in excess of the amount to which
the recipient is finally determined to be entitled under the terms and
conditions of the award constitute a debt to the Federal Government. If
not paid within a reasonable period after the demand for payment, DOL
may reduce the debt by paragraphs (a)(1), (a)(2), or (a)(3) of this
section.
(1) Making an administrative offset against other requests for
reimbursements.
(2) Withholding advance payments otherwise due to the recipient.
(3) Taking other action permitted by statute.
(b) Except as otherwise provided by law, DOL shall charge interest
on an overdue debt in accordance with 4 CFR Chapter II, ``Federal Claims
Collection Standards.''
Appendix A to Part 95--Contract Provisions
All contracts, awarded by a recipient including small purchases,
shall contain the following provisions as applicable:
1. Equal Employment Opportunity--All contracts shall contain a
provision requiring compliance with E.O. 11246, ``Equal Employment
Opportunity,'' as amended by E.O. 11375, ``Amending Executive Order
11246 Relating to Equal Employment Opportunity,'' and as supplemented by
regulations at 41 CFR part 60, ``Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.''
2. Copeland ``Anti-Kickback'' Act (18 U.S.C. 874 and 40 U.S.C.
276c)-- All contracts and subgrants in excess of $2000 for construction
or repair awarded by recipients and subrecipients shall include a
provision for compliance with the Copeland ``Anti-Kickback'' Act (18
U.S.C. Sec. 874), as supplemented by Department of Labor regulations (29
CFR part 3, ``Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the
United States''). The Act provides that each contractor or subrecipient
shall be prohibited from inducing, by any means, any person employed in
the construction, completion, or repair of public work, to give up any
part of the compensation to which one is otherwise entitled. The
recipient shall report all suspected or reported violations to the
Federal awarding agency.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)--When
required by Federal program legislation, all construction contracts
awarded by the recipients and subrecipients of more than $2000 shall
include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
Sec. 276a to a-7) and as supplemented by Department of Labor regulations
(29 CFR part 5, ``Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction''). Under this
Act, contractors shall be required to pay wages to laborers and
mechanics at a rate not less than the minimum wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors
shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued
by the Department of Labor in each solicitation and the award of a
contract shall be conditioned upon the acceptance of the wage
determination. The recipient shall report all suspected or reported
violations to the Federal awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. Sec. 327-
333)--Where applicable, all contracts awarded by recipients in excess of
$2,000 for construction contracts and in excess of $2,500 for other
contracts that involve the employment of mechanics or laborers shall
include a provision for compliance with sections 102 and 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. Sec. 327-333),
as supplemented by Department of Labor regulations (29 CFR part 5).
Under section 102 of the Act, each contractor shall be required to
compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week
is permissible provided that the worker is compensated at a rate of not
less than 1\1/2\ times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. Section 107 of the Act is
applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or
transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement--
Contracts or agreements
for the performance of experimental, developmental, or research work
shall provide for the rights of the Federal Government and the recipient
in any resulting invention in accordance with 37 CFR part 401, ``Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements,'' and any
implementing regulations issued by the awarding agency.
6. Clean Air Act (42 U.S.C. Sec. 7401 et seq.) and the Federal Water
Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), as amended--
Contracts and subgrants of amounts in excess of $100,000 shall contain a
provision that requires the recipient to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. Sec. 7401 et seq.) and the Federal Water Pollution
Control Act as amended (33 U.S.C. Sec. 1251 et seq.). Violations shall
be reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency (EPA).
7. Byrd Anti-Lobbying Amendment (31 U.S.C. Sec. 1352)--Contractors
who apply or bid for an award of $100,000 or more shall file the
required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31
U.S.C. Sec. 1352. Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient. See 29 CFR part 98.
8. Debarment and Suspension (E.O.'s 12549 and 12689)--No contract
shall be made to parties listed on the General Services Administration's
List of Parties Excluded from Federal Procurement or Nonprocurement
Programs in accordance with E.O.'s 12549 and 12689, ``Debarment and
Suspension.'' This list contains the names of parties debarred,
suspended, or otherwise excluded by agencies, and contractors declared
ineligible under statutory or regulatory authority other than E.O.
12549. Contractors with awards that exceed the small purchase threshold
shall provide the required certification regarding its exclusion status
and that of its principal employees.
