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(41 U.S.C. 10) as follows:
<br />A resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference
<br />given or required by the state or foreign country in which the nonresident bidder is a resident. (Title 8 -19 -101 to 102, CRS, as
<br />amended)" (8 -19 -103 repealed, 1988)
<br />The Buy American Act provides that the Government give preference to domestic construction material. The Contractor agrees that
<br />only domestic construction material will be used by the Contractor, subcontractors, materialmen and supplies in the performance of
<br />this agreement, except for foreign construction material, if any, listed in this agreement.
<br />Components, used in this clause, means those articles, materials, and supplies incorporated directly into construction materials.
<br />Construction material, as used in this clause, means an article, material or supply brought to the construction site for incorporation
<br />into the building or work. Construction material also includes an item brought to the site pre - assembled from articles, materials or
<br />supplies. However, emergency life safety systems, such as fire alarm systems, which are discrete systems incorporated into a public
<br />building or work and which are produced as a complete system, shall be evaluated as a single and distinct construction material
<br />regardless of when or how the individual parts or component of such systems are delivered to the construction site. Domestic
<br />construction material, as used in this clause means (a) an unmanufactured constructed material mined or produced in the United
<br />States, or (b) a construction material manufactured in the United States, if the cost of its components mined produced, or
<br />manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same
<br />class or kind as the construction materials determined by the Principle Representative or designee not to be mined, produced or
<br />manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality, shall be
<br />treated as domestic.
<br />11. LABOR AND WAGES
<br />Tithe 8 -17 -101, C.R.S., as amended applies to this contract and states that eighty percent of the laborers employed on each project must
<br />be Colorado labor. Colorado labor means any person who is a resident of the State of Colorado at the time of employment, without
<br />discrimination as to race, color, creed, sex, age or religion.
<br />The rate of wages to be paid for all laborers and mechanics shall be in accordance with the laws of Colorado. The Davis -Bacon Act does
<br />not apply.
<br />The! Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the work any unfit
<br />person or anyone not skilled in the work assigned to him.
<br />12. EQUAL OPPORTUNITY
<br />The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination act of 1957, as amended, and the
<br />applicable law respecting discrimination and unfair employment practices. (Reference 24-34 -402, C.R.S. as amended and the Govemor's
<br />Executive Order of April 16, 1975 relating to equal opportunity and affirmative action which are incorporated and made a part hereof by
<br />references as if fully set forth herein.)
<br />13. PRIME CONTRACTOR
<br />If several CONTRACTORS propose to join together to perform the work, the OWNER will recognize only one bonded prime
<br />CONTRACTOR, who will enter into a purchase order contract with the OWNER, and who will subcontract the work to such others as are
<br />required to perform the work, unless a A joint venture arrangement between CONTRACTORS satisfactory to the OWNER has been
<br />executed. In this case, the joint venture shall designate a Superintendent with whom the OWNER can communicate and who will
<br />supervise the work and be fully responsible for the performance thereof.
<br />14. SUBCONTRACTORS
<br />The CONTRACTOR shall not, without prior written approval of the OWNER, enter into any subcontract covering any part of the work
<br />covered by this contract. An approved verbal request to subcontract shall be followed in writing with the name of the proposed
<br />subcontractor and a description of the work to be subcontracted.
<br />If at any time the OWNER determines that any subcontractor is incompetent or undesirable, he shall notify the CONTRACTOR accordingly
<br />and the CONTRACTOR shall take immediate steps for cancellation of the subcontract.
<br />Nothing contained in the purchase order contract shall create any contractual relationship between any subcontractor and the OWNER.
<br />Approval by the OWNER to any subcontract or any provisions thereof shall not be construed to be a determination of the acceptability of
<br />any subcontract price, or of any amount paid under subcontract or to relieve the CONTRACTOR of any responsibility for performing this
<br />purchase order contract.
<br />Subcontracting by subcontractors shall be subject to the above requirements.
<br />15. SUPERINTENDENCE OF THE WORK
<br />The CONTRACTOR shall keep a competent and reliable superintendent on the job at all times that labor is being performed. The
<br />superintendent, in the CONTRACTOR =S absence from the site, shall stand in the stead of the CONTRACTOR and any authoritative
<br />directions given to the superintendent shall be as binding as if given to the CONTRACTOR.
<br />16. WORK BY OTHERS
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