USEPA Grant Contracts & Davis Bacon Requirements

For projects being financed in whole or in part by a federal funds, including USEPA Brownfields grants, the City of Blue Island and its prime contractors are required to comply with the following federal and state laws, rules and regulations and must ensure that their contractor(s) and subcontractor(s) also comply(ies) with these regulations, laws and rules.

Required Contract & Subcontract Conditions

  1. (i) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352, 42 U.S.C. Sec. 2000d), (ii) the Rehabilitation Act of 1973 (Pub. L. 93-1123, 87 Stat. 355, 29 U.S.C. Sec. 794), (iii) the Age Discrimination Act of 1975 (Pub. L. 94-135 Sec. 303, 89 Stat. 713, 728, 42 U.S.C. Sec. 6102), (iv) Section 13 of the Federal Water Pollution Control Act (Pub. L. 92-500, 33 U.S.C. Sec. 1251), and subsequent regulations, ensures access to facilities or programs regardless of race, color, national origin, sex, age or handicap.
  2. Equal Employment Opportunity (Executive Order 11246, as amended by Executive Orders 11375 and 12086 and subsequent regulations). Prohibits employment discrimination on the basis of race, color, religion, sex or national origin. Inclusion of the seven clauses in Section 202 of Executive Order 11246 as amended by Executive Orders 11375 and 12086 are required in all project related contracts and subcontracts over $10,000.
  3. (i) Promoting the use of Small, Minority, and Women-owned Businesses (Executive Orders 11625, 12138 and 12432), (ii) Small Businesses Reauthorization & Amendment Act of 1988 (Section 129 of Pub. L. 100-590), (iii) Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993 (Pub. L. 102-389, 42 U.S.C. Sec. 437d), and (iv) Title X of the Clean Air Acts Amendments of 1990 (Pub. L. 101-549, 42 U.S.C. Sec. 7601 note) (“EPA’s 10% statute”). Encourages recipients to award construction, supply and professional service contracts to minority and women’s business enterprises (MBE/WBE) and small businesses and requires recipients to utilize affirmative steps in procurement.
  4. Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements (40C.F.R. Part 33).
  5. Debarment and Suspension (Executive Order 12549). Prohibits entering into contracts or sub-contracts with individuals or businesses who are debarred or suspended. Borrowers are required to check the status of all contractors (construction and professional services) and must require contractors to check the status of subcontractors for contracts expected to be equal to or over $25,000 via this Internet address: www.sam.gov/portal/public/SAM.
  6. Davis-Bacon Contract Conditions (Federal Prevailing Wages). Federal Davis-Bacon prevailing wages apply to this project.
      • • Payment of the wages, fringe benefits and overtime rates is required.
      • • The appropriate Federal (Davis Bacon) Prevailing Wage Decision must be physically incorporated into the bidding and contract documents.
      • • Weekly certified payroll submittal is required under the Federal Davis Bacon laws.
      • • Compliance with the Civil Rights Act and Equal Employment Opportunity is required.
      • • Promotion of Small, Minority and Women-owned Businesses and participation in Disadvantaged Business Enterprises (DBE) is required.

DBE Requirements

Per requirements of 40 CFR, Section 33.302, prime contractor must comply with the following requirements:

  • • Employ the 6 good faith efforts described in § 33.301 even if the prime contractor has achieved its fair share objectives
  • • Provide EPA Form 6100-2 DBE Program Subcontractor Participation Form to all of its DBE subcontractors. Prime contract is responsible for getting completed form to Grant Coordinator at City of Blue Island.
  • • Have its DBE subcontractors complete EPA Form 6100-3 DBE Program Subcontractor Performance Form. A recipient must then require its prime contractor to include all completed forms as part of the prime’s bid or proposal package.
  • • Complete and submit EPA Form 6100-4 DBE Program Subcontractor Utilization Form as part of prime’s bid or proposal package.
  • DBE Forms (EPA)

Davis Bacon Related Documentation & Forms

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