Exhibit A
Federal Transit Administration
Contract Provision Guidelines for Construction
1.0 Access to Records and Reports.……………………………………………………………………………….
2.0 Breaches and Dispute Resolution..…………………………………………………………………………….
3.0 Buy American Requirements……………………………………………………………………………………
4.0 Build American, Buy America Act ……………………………………………………………………………...
5.0 Civil Rights Requirements ………………………………………………………………………………………
6.0 Clean Air…………………………………………………………………………………………………………..
7.0 Clean Water……………………………………………………………………………………………………….
8.0 Contract Work Hours and Safety Standards Act……………………………………………………………...
9.0 Davis Bacon and Copeland Anti-Kickback…………………………………………………………………….
10.0 Debarment and Suspension…………………………………………………………………………………….
11.0 Disadvantaged Business Enterprise (DBE)……………………………………………………………………
12.0 Equal Employment Opportunity…………………………………………………………………………………
13.0 Federal Changes…………………………………………………………………………………………………
14.0 Federal Tax Liability……………………………………………………………………………………………..
15.0 Lobbying…………………………………………………………………………………………………………..
16.0 No Government Obligation to Third Parties…………………………………………………………………..
17.0 Notice to FTA and US. DOT Inspector General of Information Related Acts to Fraud, Waste, Abuse of
other Legal Matters………………………………………………………………………………………………
18.0 Procurement of Recovered Materials………………………………………………………………………….
19.0 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment…………..
20.0 Rights to Inventions Agreement………………………………………………………………………………..
21.0 Termination……………………………………………………………………………………………………….
22.0 Veterans Preference…………………………………………………………………………………………….
23.0 Safe Operation of Motor Vehicles……………………………………………………………………………..
24.0 Special Notifications Requirements for States-MA 34 §37…………………………………………………
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1.0
2.0
ACCESS TO RECORDS AND REPORTS - Applicable to: All contracts.
Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the
FTA Administrator, the Comptroller General of the United States or any of their authorized representatives
access to any books, documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees,
pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any
PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project,
defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator, or his authorized
representatives, including any PMO Contractor, access to the Contractor's records and construction sites
pertaining to a major capital project, defined at 49
U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C.
5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $150,000.
Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified
acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is
the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor
agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of
their duly authorized representatives with access to any books, documents, papers and record of the
Contractor which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions. (If applicable)
Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1)
through other than competitive bidding, the Contractor shall make available records related to the contract to
the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection. (If applicable) The Contractor
agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and
transcriptions as reasonably needed. The Contractor agrees to maintain all books, records, accounts and
reports required under this contract for a period of not less than three years after the date of termination or
expiration of this contract, except in the event of litigation or settlement of claims arising from the performance
of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator,
the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto. FTA does require the inclusion of these requirements in
subcontracts.
BREACHES AND DISPUTE RESOLUTION - Applicable to: All contracts more than $250,000.
a. Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by MART, Manager - Purchasing. This decision shall
final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor
mails or otherwise furnishes a written appeal to the Manager - Purchasing. In connection with any
such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support
of its position. The decision of the Manager – Purchasing shall be binding upon the Contractor and the
Contractor shall abide be the decision.
b. Performance During Dispute - Unless otherwise directed by MART, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
c. Breach of Contract - The successful bidder shall be deemed in breach of contract if the successful
bidder: fails to comply with any terms of the contract; fails to cure such noncompliance within five (5)
calendar days from the date of written notice from MART or such other timeframe, greater than five (5)
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calendar days, specified in the notice; fails to submit a written response to the notification from MART
within five (5) calendar days after the date of the notice.
d. Force Majeure - The successful bidder shall not be in breach of the contract as long as its default
was due to causes beyond reasonable control (force majeure) and occurred without any fault or
negligence on the part of both the successful bidder and its subcontractors.
e. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property
because of any act or omission of the party or of any of his employees, agents, or others for whose acts
he is legally liable, a claim for damages therefor shall be made in writing to such other party within a
reasonable time after the first observance of such injury of damage.
f. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes, and other matters
in question between MART and the Contractor arising out of or relating to this agreement or its breach
will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the
State of Missouri.
g. Fees - All costs, expenses and attorney fees Incurred by the Contractor in connection with any appeal,
suit or claim regarding a dispute that is brought by the Contractor shall be paid by the Contractor.
3.0
BUY AMERICA REQUIREMENTS - Applicable to: Construction contracts and acquisition of goods or rolling
stock more than $150,000).
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that Federal
funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are
produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general
waiver. General waivers are listed in 49 CFR 661.7 and include final assembly in the United States for 15
passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment,
software, and small purchases (currently less than $150,000) made with capital, operating, or planning funds.
Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11. Rolling stock not
subject to a general waiver must be manufactured in the United States and have at least 60 percent (65% in
FY18 and FY19, 70% in FY20) domestic content depending on when the buses are delivered.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on
FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a
completed Buy America certification must be rejected as nonresponsive. This requirement does apply to lower
tier subcontractors.
4.0
BUILD AMERICA, BUY AMERICA ACT - Applicable to:
Construction Materials
Construction materials used in the project (public transportation improvement activities eligible for federal
assistance in an application to FTA and/or in an FTA award) are subject to the domestic preference
requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as
implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and FTA.
The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under §
70914(b).
5.0
CIVIL RIGHTS REQUIREMENTS - Applicable to: All contracts.
Nondiscrimination
In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age
Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the American with Disabilities Act of
1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color, creed, national origin,
sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing
regulations and other implementing requirements FTA may issue.
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6.0
CLEAN AIR - Applicable to: All contracts more than $150,000.
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq and the Federal Water Pollution Control Act as
amended, 33 U.S.C. § 1251-1388. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification
to FTA and the appropriate EPA Regional Office. X. CLEAN WATER - Applicable to: All contracts and
subcontracts more than $150,000.
7.0
CLEAN WATER - Applicable to: All contracts and subcontracts more than $150,000.
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report
each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor
also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part
with Federal assistance provided by FTA. XI. COMPLIANCE WITH FEDERALLY REQUIRED CLAUSES AND
REQUIREMENTS - Applicable to: All contracts. Contractor (bidder) is responsible for ensuring its compliance
with all applicable Federal Transit Administration (FTA) requirements. Additionally, Contractor is responsible
for ensuring that subcontractors, at as many tiers of the Project as required, perform in accordance with the
terms, conditions, and specifications of the contract, including all applicable FTA requirements. Upon request
of MART or FTA, Contractor shall provide evidence of the steps it has taken to ensure its compliance with the
FTA requirements, as well as evidence of the steps it has taken to ensure subcontractor performance, and/or
submit evidence of subcontractor’s compliance, at all tiers.
9.0
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - Applicable to: Contracts more than
$100,000 that involve the employment of mechanics or laborers.
The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour
protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and
Safety Standards Act, and other relevant parts of that Act, 40 U.S.C.§ 3701 et seq., and U.S. DOL regulations,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction
(also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work
Hours and Safety Standards Act),” 29 C.F.R. part 5.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek. Any records maintained under this section shall
be made available by the Contractor for inspection, copying, or transcription by authorized representatives of
the FTA and the Department of Labor, and the Contractor will permit such representatives to interview
employees during working hours on the job.
10.0
DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS – Applicable to: All Construction Contracts over
$2000.00
a. Minimum Wages - All laborers and mechanics employed or working upon the site of the work (or under
the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers
or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the particular
weekly classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-
Bacon poster (WH-1321)shall be always posted by the contractor and its subcontractors at the site of the
conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefore only when the following criteria have been met:
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Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the
classification requested is not performed by a classification in the wage classification prevails in the area
in which the work is performed. If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer agree on the classification
and wage rate (including the amount designated for fringe Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day period that additional
time is necessary.
The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)
(B) or (C) of this section, shall be paid to all workers performing work in the classification under this
contract from the first day on which work is performed in the classification. Whenever the minimum wage
rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the
contractor does not make payments to a trustee or other third person, the contractor may consider as part
of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon
the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account asset for the
meeting of obligations under the plan or program. The contracting officer shall require that any class of
laborers or mechanics which is not listed in the wage determination, and which is to be employed under
the contract shall be classified in conformance with the wage determination. The contracting officer shall
approve an additional classification and wage rate and fringe benefits therefore only when the following
criteria have been met: The work to be performed by the classification requested is not performed by a
classification in the wage determination; and the classification is utilized in the area by the construction
industry; and the proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination. If the contractor and the laborers and
mechanics to be employed in the classification (if known), or their representatives, and the contracting
officer agree on the classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30-day period that additional time is necessary. In the event the
contractor, the laborers, or mechanics to be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will issue a
determination with 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary. The wage rate (including fringe benefits
where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to
all workers performing work in the classification under this contract from the first day on which work is
performed in the classification.
Withholding - The Montachusett Regional Transit Authority shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld from
the contractor under this contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by
the same prime contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to
pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site
of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the contract, the
Montachusett Regional Transit Authority may, after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
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This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.