Rd instruction 1942-a table of Contents




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ARTICLE A.13: MISCELLANEOUS PROVISIONS

Add the following paragraphs A.13.7 through A.13.11.1 to Article A.13.

A.13.7 EQUAL OPPORTUNITY REQUIREMENTS – Non-discrimination in Employment by Federally Assisted Construction Contractors, by Executive Order 11246.


A.13.7.1 This section summarized Executive Order 11246, as amended, which prohibits employment discrimination and requires employers holding non-exempt Federal contracts and subcontracts and federally-assisted construction contracts and subcontracts in excess of $10,000 to take affirmative action to ensure equal employment opportunity without regard to race, color, religion, sex, or national origin. The Executive Order requires, as a condition for the approval of any federally assisted construction contract, that the applicant incorporate nondiscrimination and affirmative action clauses into its non-exempt federally assisted construction contracts.
A.13.7.2 Executive Order 11246, as amended, is administered and enforced by the Office of Federal Contract Compliance Programs (OFCCP), an agency in the U.S. Department of Labor’s Employment Standards Administration. OFCCP has issued regulations at 41 CFR chapter 60 implementing the Executive Order. The regulations at 41 CFR part 60-4 establish the procedures which the Agency, as an administering agency, must follow when making grants, contracts, loans, insurance or guarantees involving federally assisted construction which is not exempt from the requirements of Executive Order 11246. The regulations which apply to Federal or federally assisted construction contractors also are published at 41 CFR part 60-4.

RD Instruction 1942-A

Guide 27

Attachment 6

Page 17

(Added 09-24-12, PN 458)



A.13.7.3 OFCCP has established numerical goals for minority and female utilization in construction work. The goals are expressed in percentage terms for the contractor’s aggregate workforce in each trade. OFCCP has set goals for minority utilization based on the percentage of minorities in the civilian labor force in the relevant area. There is a single nationwide goal of 6.9 percent for utilization for women. The goals to all construction work in the covered geographic area, whether or not it is federal, federally assisted or non-federal. A notice advises bidders of the applicable goals for the area where the project is to be located.
A.13.7.4 Application. This section applies to all of a construction contractor’s or subcontractor’s employees who are engaged in on-site construction including those construction employees who work on a non-Federal or non-Federally assisted construction site.
A.13.7.4.1 Agency officials will notify the appropriate Regional Director of OFCCP that an Agency financed construction contract has been awarded, and that the equal opportunity clauses are included in the contract documents.
A.13.7.4.2 The Regional Director, OFCCP-DOL, will enforce the non-discrimination requirements of Executive Order 11246.
A.13.7.4.3 The prospective contractor or subcontractor must comply with the Immigration Reform and Control Act of 1986 by completing and retaining Form I-9, “Employment Eligibility Verification,” for employees hired. This form is available from the Immigration and Naturalization Service, and Department of Justice.
A.13.7.4.4 The prospective contractor or subcontractor must submit Form RD 400-6, “Compliance Statement,” to the applicant and an Agency official as part of the bid package, prior to any contract bid negotiations and comply with the Executive Order 11246 as stated in the contract documents.
A.13.8 STATUTES
A.13.8.1 The Design/Builder and each subcontractor shall comply with the following statutes (and the regulations issued pursuant thereto, which are incorporated herein by reference):

(09-24-12) PN 458

RD Instruction 1942-A

Guide 27


Attachment 6

Page 18


(Added 09-24-12, PN 458)

A.13.8.2 The Design/Builder agrees to abide by the requirements of 7 CFR part 3017 and under Executive Order 12549, which pertains to the debarment or suspension of a person from participating in a Federal program or activity. If the total compensation exceeds $25,000, the Design/Builder shall complete the relevant certification form provided by the Owner.


A.13.8.3 If applicable, the Design/Builder shall comply with Section 319 of Public Law 101-121, as supplemented by the Department of Agriculture regulations (7 CFR 3018 and DR 2400-5). This Law pertains to restrictions on lobbying and applies to the recipients of Contracts and Subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal grant that exceeds $100,000. If applicable, the Design/Builder must complete a certification form on lobbying activities related to a specific Federal loan or grant that is a funding for this Contract. The certification and disclosure forms shall be provided by the Owner.
A.13.8.4 Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person in connection with the construction to give up any part of the compensation to which the person is otherwise entitled.
A.13.8.5 Clean Air Act (42 U.S.S. 7414), section 114, and the Water Pollution Control Act (33 U.S.C. 1813), section 308. Under Executive Order, 11738 and Environmental Protection Agency (EPA) regulations 40 CFR part 15, all Contracts in excess of $100,000 are required to comply with these Acts. The Acts require the Contractor to:
A.13.8.5.1 Notify the Owner of the receipt of any communication from EPA indicating that a facility to be utilized in the performance of the Contract is under consideration to be listed on the EPA list of Violating Facilities,

A.13.8.5.2 Certify that any facility to be utilized in the work by any nonexempt contractor or subcontractor is not listed on the EPA list of Violating Facilities as of the date of the Contract Award.

RD Instruction 1942-A

Guide 27


Attachment 6

Page 19


(Added 09-24-12, PN 458)

A.13.8.5.3 Include or cause to be included the above criteria and requirements of clauses A.13.3.5.1 and A.13.3.5.2 in every nonexempt Subcontract, and that the Contractor will take such actions as the Agency may direct as a means of enforcing such provisions.


A.13.8.6 The Contractor shall be required to comply with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333) entitle “Safety and Health Regulations for Construction” (29 CFR Part 1926) to the extent that any resulting Contract involves construction.
A.13.9 ENVIRONMENTAL REQUIREMENTS
A.13.9.1 Mitigation Measures – The Design/Builder shall comply with applicable mitigation measures established in the environmental assessment for the project. These may be obtained from the Agency representative.
A.13.9.2 The Design/Builder, when constructing a Project involving trenching, excavating, or other earth moving activity, shall comply with the following environmental constraints:
A.13.9.2.1 Endangered Species, Historic Preservation, Human Remains and Cultural Items, Hazardous Materials, and Paleontology – Any excavation or other earth moving activity by the Design/Builder that provides evidence of the presence of endangered or threatened species or their critical habitat, uncovers a historical or archaeological artifact, human remains or cultural items, hazardous materials, a fossil or other paleontological materials will require the Design/Builder to:
.1 Temporarily stop work;
.2 Provide immediate notice to the Architect and the Agency, and in the case of potentially hazardous materials, provide immediate notice to local first responders and take such measures as necessary to protect the public and workers;
.3 Take reasonable measures as necessary to protect the discovered materials or protected resource;

(09-24-12) PN 458

RD Instruction 1942-A

Guide 27


Attachment 6

Page 20


(Added 09-24-12, PN 458)

.4 Abide by such direction as provided by the Agency, or Agencies responsible for resource protection or hazardous materials management; and


.5 Resume work only upon notice from the Architect and the Agency.
A.13.10 Compliance with all Federal, State, and local requirements effective on the contract execution date will be the responsibility of the Design/Builder.
A.13.11 RECORDS
A.13.11.1 If the Contract is based on a negotiated Bid, the Owner, the United States Department of Agriculture, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Design/Builder which are directly pertinent to a specific Federal loan program for the purpose of making audit, examination, excerpts, and transcriptions. The Design/Builder shall maintain records for at least three years after the Owner makes final payment and all other pending matters are closed.

A.14 TERMINATION OR SUSPENSION OF THE DESIGN/BUILD CONTRACT

Insert the words "as mutually agreed" after "Contract Sum" in the first sentence of subparagraph A.14.3.2.

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RD Instruction 1942-A

Guide 27


Attachment 7

Page 1


(Added 09-24-12, PN 458)

COMMUNITY FACILITIES

DESIGN/BUILD OR CONSTRUCTION MANAGEMENT

CONCURRENCE CHECKLIST
(Comments may be attached or entered on this form. Items in italics are explanatory in nature.)


  1. State Director’s and Agency Architect/Engineer’s comments and recommendations. (When noncompetitive negotiation is proposed, submit an evaluation of previous work of the proposed construction firm.)

  1. Regional attorney’s opinion and comments regarding the legal adequacy of the proposed procurement method and proposed contract documents. (If this review is being requested concurrently to expedite the process, please so indicate.)

  1. A copy of the owner’s written request and description of the procurement method proposed. (This may be the same “written request” listed as #1 below.)

  1. A copy of the proposed contract. (If standard industry contract forms, such as AIA, DBIA or AGC are used, submittal of entire contract is not required. Indicate type of contract, publisher, and what, if any, additions, deletions, changes, or addenda have been made.)

Section 1942.18(l) requires the owner to provide the following information to the Agency. State Architect/Engineer will initial each item reviewed: (The following items are not required to be sent to the National Office for review.)

____


1. The owner’s written request to use an unconventional contracting method with a description of the proposed method.

(09-24-12) PN 458

RD Instruction 1942-A

Guide 27


Attachment 7

Page 2


(Added 09-24-12, PN 458)



____

____
____




  1. A proposed scope of work describing in clear, concise terms the technical requirements for the contract. It should include such items as:




    1. A non-technical statement summarizing the work to be performed by the contractor and the results expected.

    2. The sequence in which the work is to be performed and a proposed construction schedule.




____

____
____



  1. A proposed firm-fixed-price contract for the entire project which provides that the contractor shall be responsible for:




    1. Any extra cost that may result from errors or omissions in the services provided under the contract.

    2. Compliance with all Federal, State, and local requirements effective on the contract execution date.




____

  1. An evaluation of the contractor’s performance on previous similar projects in which the contractor acted in a similar capacity.

____

  1. A detailed listing and cost estimate of equipment and supplies not included in the construction contract but which are necessary to properly operate the facility.

____

  1. Evidence that a qualified construction inspector who is independent of the contractor has or will be hired.

____

  1. Preliminary plans and outline specifications.

____

  1. The owner’s attorney’s opinion and comments regarding the legal adequacy of the proposed contract documents and evidence that the owner has the legal authority to enter into and fulfill the contract.

COMMENTS: ___________________________________________________________________

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

RD Instruction 1942-A

Guide 27

Attachment 7

Page 3

(Added 09-24-12, PN 458)



The State Office has reviewed the above materials and makes a recommendation for concurrence of the use of the design/build or construction management method (circle one or the other) of development for this proposal.
Project: ___________________________________________________
Submitted by: ___________________

Date: _________


Fax Number: ___________________

NATIONAL OFFICE REVIEW

CP / PSS Comments on Submittal: _____________________________________________

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
__________________

Program Support Staff

Date: ___________

The proposal to use the design / build or construction management method is concurred in by:


___________________

Community Programs

Date: ____________

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(09-24-12) PN 458

Guide 13, Attachment 1: Page 5 and Guides 20 and 21 in PDF ONLY.

Exhibits A and B in PDF ONLY.

RD Instruction 1942-A

Automation Supplement


ENGINEERING FEE ANALYSIS



Part 1: Overview of System
This program was designed by the Program Support Staff to aid State Offices in tracking current trends in market rates for engineering fees on water and waste disposal projects. This program may be used by the State Office to produce graphs to be used in determining reasonable engineering fee on proposed projects.
All necessary instructions and information will appear on the computer screen as needed by the user. The system is menu driven to be user friendly, and "help" is available throughout the system:
1) an information option appears on menu, and

2) each data entry field has "help" available on the type of data

to be entered in that field.
The system performs checks on the data entered and displays error messages as necessary.
Although helpful, typing is not required to use this system. The system is predominantly menu driven.
Part 2: Data Guide
The information which may be stored in the Engineering Fee Analysis System is organized into two separate data entry screens. The first screen contains information on individual projects. The second screen contains specifications for graph options.
Screen 1 -
The following information is required:
Project name

Bid opening date

Construction cost

Engineering fee


The system performs tests on required fields, and will not accept an incomplete entry. All fields must be entered. The project's name must be unique. In cases where the same name is used for multiple projects, some convention (such as incorporating the town name, adding a number, etc.) must be used to make each name unique. The name may not include asterisks (*), apostrophes ('), or question marks (?).
(9-21-88) PN 96

RD Instruction 1942-A

Automation Supplement

Page 2


Screen 2 -
Screen 2, "Graph Options", contains data fields which may be changed to control the range of the graph axes. The upper and lower limits can be changed for both axes. The increments along both axes can also be adjusted within specified limits.
Part 3: Limitations of the System
The Engineering Fee Analysis System was designed for single user. Only one user may access the data at a time: adding new projects, editing existing projects, or producing graphs.
There is no limit on the number of projects which may be added to the data base within the system. The only limit would be the storage capacity of the minicomputer used (AT&T 3B2).
Part 4: System Administration Information
This software was developed in accordance with the Software Development Guide, and as such is located in the /usr/workaid directory. The shell script which operates the software is /usr/workaid/bin/engfee file. All other files are located in /usr/workaid/lib/engfee directory.
Root has write permissions in all these directories. The individual user bas write permissions only in the lib directory, where data is stored. The data entered on projects is located in the file

/usr/workaid/lib/engfee/EFw.tbl and EFs.tbl. The version number and date of the software is stored in the file /usr/workaid/bin/engfee.


The Primary Office in developing this software was the Program Support Staff. Technical Support was provided by the Program Support Staff, Decision Support Branch. Enhancements will be incorporated in future versions.


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