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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />September 24, 1965, and of the rules, regulations, and relevant orders of the
<br />Secretary of Labor.
<br />(5) The contractor will furnish all information and reports required by Executive
<br />Order 11246 of September 24, 1965, and by rules, regulations, and orders of
<br />the Secretary of Labor, or pursuant thereto, and will permit access to his books,
<br />records, and accounts by the administering agency and the Secretary of Labor
<br />for purposes of investigation to ascertain compliance with such rules,
<br />regulations, and orders.
<br />(6) In the event of the contractor's noncompliance with the
<br />nondiscrimination clauses of this contract or with any of the said rules,
<br />regulations, or orders, this contract may be canceled, terminated, or
<br />suspended in whole or in part and the contractor may be declared ineligible for
<br />further Government contracts or federally assisted construction contracts in
<br />accordance with procedures authorized in Executive Order 11246 of
<br />September 24, 1965, and such other sanctions as may be imposed and
<br />remedies invoked as provided in Executive Order 11246 of September 24,
<br />1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
<br />provided by law.
<br />(7) The contractor will include the portion of the sentence immediately
<br />preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
<br />every subcontract or purchase order unless exempted by rules, regulations, or
<br />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
<br />upon each subcontractor or vendor. The contractor will take such action with
<br />respect to any subcontract or purchase order as the administering agency may
<br />direct as a means of enforcing such provisions, including sanctions for
<br />noncompliance: Provided, however, That in the event a contractor becomes
<br />involved in, or is threatened with, litigation with a subcontractor or vendor as a
<br />result of such direction by the administering agency the contractor may request
<br />the United States to enter into such litigation to protect the interests of the United
<br />States."
<br />4. Davis Bacon Act and Copeland Anti -Kickback Act
<br />a. Applicability of Davis -Bacon Act. The Davis -Bacon Act only applies to the emergency
<br />Management Preparedness Grant Program, Homeland Security Grant Program,
<br />Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
<br />Security Grant Program, and Transit Security Grant Program. It does not apply to
<br />other FEMA grant and cooperative agreement programs, including the Public
<br />Assistance Program.
<br />b. All prime construction contracts in excess of $2,000 awarded by non -Federal entities
<br />must include a provision for compliance with the Davis -Bacon Act (40.S.C. §§ 3141-
<br />3144 and 3146-3148) as supplemented by Department of Labor regulations at 29
<br />C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering
<br />Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix
<br />II, D.
<br />c. In accordance with the statute, contractors must be required to pay wages to laborers
<br />and mechanics at a rate not less than the prevailing wages specified in a wage
<br />determination made by the Secretary of Labor. In addition, contractors must be required
<br />to pay wages not less than once a week.
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