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iv. The Recipient will send to each labor union or representative of workers with which he has a collective
<br />bargaining agreement or other Agreement or understanding, a notice to be provided advising the said
<br />labor union or workers' representatives of the Recipient's commitments under this section, and shall
<br />post copies of the notice in conspicuous places available to employees and applicants for employment.
<br />v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and
<br />of the rules, regulations, and relevant orders of the Secretary of Labor.
<br />vi. The Recipient will furnish all information and reports required by Executive Order 11246 of
<br />September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
<br />thereto, and will permit access to his books, records, and accounts by the administering agency and the
<br />Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,
<br />and orders.
<br />vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or
<br />with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or
<br />suspended in whole or in part and the Recipient may be declared ineligible for further Government
<br />contracts or federally assisted construction contracts in accordance with procedures authorized in
<br />Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
<br />invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order
<br />of the Secretary of Labor, or as otherwise provided by law.
<br />viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the
<br />provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by
<br />rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
<br />Order 11246 of September 24, 1965, so that such provisions will be binding upon
<br />each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor
<br />purchase order as the administering agency may direct as a means of enforcing such provisions,
<br />including sanctions for noncompliance.
<br />4. Davis Bacon Act
<br />If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient, and if required by
<br />the Federal Legislation, the Recipient must comply with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-
<br />3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
<br />Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,
<br />contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
<br />wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a
<br />week. The Recipient must comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by
<br />Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public
<br />Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each
<br />Recipient or subrecipient must be prohibited from inducing, by any means, any person employed in the construction,
<br />completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise
<br />entitled.
<br />5. Contract Work Hours and Safety Standards Act
<br />Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers,
<br />the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29
<br />CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every
<br />mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week
<br />is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of
<br />pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
<br />to construction work and provide that no laborer or mechanic must be required to work in surroundings or under
<br />working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases
<br />of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or
<br />transmission of intelligence.
<br />6. Rights to Inventions Made Under Ap-reement
<br />If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non -Federal
<br />Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding
<br />the substitution of parties, assignment or performance of experimental, developmental, or research work under that
<br />"funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements of 37 CFR Part
<br />401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
<br />Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
<br />Attachment 8
<br />Page 2 of 5
<br />Rev. 6/14/2019
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