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V. 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
<br />Secretary of Labor.
<br />vi. 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 the
<br />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 />vii. In the event of the contractor's noncompliance with the nondiscrimination
<br />clauses of this contract or with any of the said rules, regulations, or orders, this
<br />contract may be canceled, terminated, or suspended in whole or in part and the
<br />contractor may be declared ineligible for further Government contracts or
<br />federally assisted construction contracts in accordance with procedures
<br />authorized in Executive Order 11246 of September 24, 1965, and such other
<br />sanctions maybe imposed and remedies invoked as provided in Executive Order
<br />11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
<br />Labor, or as otherwise provided by law.
<br />viii. The contractor will include the portion of the sentence immediately preceding
<br />paragraph (1) and the provisions of paragraphs (1) through (8) in every
<br />subcontract or purchase order unless exempted by rules, regulations, or orders
<br />of the Secretary of Labor issued pursuant to section 204 of Executive Order
<br />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
<br />subcontract or purchase order as the administering agency may direct as a
<br />means of enforcing such provisions, including sanctions for noncompliance:
<br />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
<br />by the administering agency the contractor may request the United States to enter
<br />into such litigation to protect the interests of the United States.
<br />(25) COPELAND ANTI -KICKBACK ACT
<br />a. The Subrecipient hereby agrees that, unless exempt under Federal law, it will incorporate
<br />or cause to be incorporated into any contract for construction work, or modification thereof,
<br />the following clause:
<br />i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
<br />and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
<br />incorporated by reference into this contract.
<br />ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts
<br />the clause above and such other clauses as the FEMA may by appropriate
<br />instructions require, and also a clause requiring the subcontractors to include
<br />these clauses in any lower tier subcontracts. The prime contractor shall be
<br />responsible for the compliance by any subcontractor or lower tier subcontractor
<br />with all of these contract clauses.
<br />iii. Breach. A breach of the contract clauses above may be grounds for termination of the
<br />contract, and for debarment as a contractor and subcontractor as provided in 29
<br />C.F.R. § 5.12.
<br />(26) CONTRACT WORK HOURS AND SAFETY STANDARDS
<br />If the Subrecipient , with the funds authorized by this Agreement, enters into a contract that
<br />exceeds $100,000 and involves the employment of mechanics or laborers, then any such
<br />contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
<br />supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of
<br />the Act, each contractor must be required to compute the wages of every mechanic and
<br />laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
<br />work week is permissible provided that the worker is compensated at a rate of not less than
<br />one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
<br />work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
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