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a . discriminate against labor from any other State , possession , or territory of the United <br /> States <br /> or <br /> b . employ convict labor for any purpose within the limits of the project unless it is labor <br /> performed by convicts who are on parole , supervised release , or probation . <br /> 5 . NON -DISCRIMINATION <br /> ( 1 ) Contractor Representations . During the performance of the contract, the contractor agrees <br /> as follows : <br /> (a ) The contractor will not discriminate against any employee or applicant for employment <br /> because of race , color, religion , sex or national origin . The contractor will take affirmative <br /> action to ensure that applicants are employed , and that employees are treated during <br /> employment without regard to their race , color, religion , sex or national origin . Such action <br /> shall include, bur not be limited to the following : employment, upgrading demotion or transfer; , <br /> recruitment or recruitment advertising ; layoff or termination ; rates of pay or other form of <br /> compensation ; and selection for training , including apprenticeship . The contractor agrees to <br /> post in conspicuous places , available to employees and applicants for employment, notice <br /> setting forth the provisions of this non-discrimination clause . <br /> (b ) The contractor will , in all solicitations or advancements for employees placed by or on behalf <br /> of the contractor, state that all qualified applicants will receive consideration for employment <br /> without regard to race , color, religion , sex or national origin . <br /> (c) The contractor will send to each labor union or representative of workers with which he has a <br /> collective bargaining agreement or other contract or understanding , a notice advising the <br /> labor union or workers ' representative of the contractor's commitments under Section 202 of <br /> Executive Order 11246 of September 24 , 1965 , and shall post copies of the notice in <br /> conspicuous places available to employees and applicants for employment . <br /> (d ) The contractor will comply with all provisions of Executive Order No . 11246 of September 24 , <br /> 1965 , and of the rules , regulations and relevant orders of the Secretary of Labor. <br /> (e) The contractor will furnish all information and reports required by Executive Order No . 11246 <br /> of September 24 , 1965 , and by the rules , regulations and orders of the Secretary of Labor, or <br /> pursuant thereto , and will permit access to his books , records , and accounts by the <br /> contracting agency and the Secretary of Labor of purposed of investigation to ascertain <br /> compliance with such rules , regulations and orders . <br /> (f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this <br /> contract or with any of such rules , regulations or orders , this contract may be cancelled , <br /> terminated or suspended in whole or in party and the contractor may be declared ineligible for <br /> further Government contracts in accordance with procedures authorized in Executive Order <br /> No . 11246 of September 24 , 1965 , and other sanctions may be imposed and remedies <br /> invoked as provided in Executive Order No . 11246 of September 24 , 1965 , or by rule , <br /> regulation or order of the Secretary of Labor, or as otherwise provided by law . <br /> (g ) The contractor will include the provisions of sub-paragraphs (a ) through (f) in every <br /> subcontract of purchase order unless exempted by rules , regulations or orders of the <br /> Secretary of labor issued pursuant to Section 204 of Executive Order No . 11246 of <br /> September 24 , 1965 , so that such provisions will be binding upon each subcontractor or <br /> vendor. The contractor will take such action with respect to any subcontract or purchase <br /> order as may be directed by the Secretary of Labor as a means of enforcing such provisions <br /> including sanctions for noncompliance : provided , however, that in the event the contractor <br /> becomes involved in , or is threatened with , litigation with a subcontractor or vendor as a <br /> 2 <br /> F :\Engineering\Capital Projects\0604- 12th St Sidewalk Improve between 43rd Ave & 27th Ave\0604 Federal <br /> Contract Provisions . doc msrz a.M.s4PM <br />