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2020 Annual Labor Contract
<br />RFP #2020039
<br />9.2.3 The contractor will send to each labor union or representative of workers with which
<br />he has a collective bargaining agreement or other contract or understanding, a notice to be provided
<br />advising the said labor union or workers' representatives of the contractor's commitments under this
<br />section, and shall post copies of the notice in conspicuous places available to employees and applicants
<br />for employment.
<br />9.2.4 The contractor will comply with all provisions of Executive Order 11246 of
<br />September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
<br />9.2.5 The contractor will furnish all information and reports required by Executive Order
<br />11246 of 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, and
<br />orders.
<br />9.2.6 In the event of the contractor's noncompliance with the nondiscrimination clauses
<br />of this contract or with any of the said rules, regulations, or orders, this contract may be canceled,
<br />terminated, or suspended in whole or in part and the contractor may be declared ineligible for further
<br />Government contracts or federally assisted construction contracts in accordance with procedures
<br />authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed
<br />and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
<br />or order of the Secretary of Labor, or as otherwise provided by law.
<br />9.2.7 The contractor will include the portion of the sentence immediately preceding
<br />paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order
<br />unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
<br />of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
<br />subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
<br />order as the administering agency may direct as a means of enforcing such provisions, including sanctions
<br />for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is
<br />threatened with, litigation with a subcontractor or vendor as a result of such direction by the
<br />administering agency the contractor may request the United States to enter into such litigation to protect
<br />the interests of the United States.
<br />9.3 Davis -Bacon Act, as amended (40 U.S.C. 3141-3148)
<br />9.3.1 Minimum wages. (i) All laborers and mechanics employed or working upon the site
<br />of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
<br />construction or development of the project), will be paid unconditionally and not less often than once a
<br />week, and without subsequent deduction or rebate on any account (except such payroll deductions as are
<br />permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the
<br />full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
<br />computed at rates not less than those contained in the wage determination of the Secretary of Labor
<br />which is attached hereto and made a part hereof, regardless of any contractual relationship which may
<br />be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs
<br />reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf
<br />of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
<br />provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for
<br />more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover
<br />the particular weekly period, are deemed to be constructively made or incurred during such weekly
<br />period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the
<br />wage determination for the classification of work actually performed, without regard to skill, except as
<br />provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
<br />Sample Agreement - Page 12 of 21
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