Criteria Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards (A) ?. (C) Equal Employment Opportunity. Except as otherwise provided under, all contracts that meet the definition of ?federally assisted construction contract? in must include the equal opportunity clause provided under, in accordance with Executive Order 11246, ?Equal Employment Opportunity? (, , , Comp., p. 339), as amended by Executive Order 11375, ?Amending Executive Order 11246 Relating to Equal Employment Opportunity,? and implementing regulations at , ?Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.? (D) Davis-Bacon Act, as amended (). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (, and) as supplemented by Department of Labor regulations (, ?Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction?). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland ?Anti-Kickback? Act (), as supplemented by Department of Labor regulations (, ?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 must 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 he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with and as supplemented by Department of Labor regulations (). Under the Act, each contractor must 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 one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of are applicable to construction work and provide that no laborer or mechanic must 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. (F) ?.. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) ?.. (I) Byrd Anti-Lobbying Amendment () - Contractors that apply or bid for an award exceeding $100,000 must 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. Each tier must 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 non-Federal award. Condition The construction contracts examined to test compliance with Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, we could not identified the following clauses, as applicable. 1. Termination for cause and/or breach of contract clause. 2. Equal Opportunity Act clause. 3. Davis Bacon Act clause 4. Contract Work Hours and Safety Standards clause. 5. Clean Air Act clause. 6. Byrd Anti-Lobbying Act clause. 7. Domestic Preference for Procurements clause. Cause Lack of controls throughout procurement procedures to ascertain compliance with Federal regulations. Effect or potential effect If a non-Federal entity fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, the Federal awarding agency may impose additional conditions, like requesting the reimbursement of the funds used. Questioned Cost None Recommendations We recommend developing a procurement manual following 2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards to assure compliance with Federal regulations. Views of Responsible Officials Refer to Unaudited Corrective Action Plan.