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essential job functions discloses the compensation of such other employees or
<br />applicants to individuals who do not otherwise have access to such information,
<br />unless such disclosure is in response to a formal complaint or charge, in
<br />furtherance of an investigation, proceeding, hearing, or action, including an
<br />investigation conducted by the employer, or is consistent with the contractor's
<br />legal duty to furnish information.
<br />iv. The contractor will send to each labor union or representative of workers with
<br />which he has a collective bargaining agreement or other contract or
<br />understanding, a notice to be provided advising the said labor union or workers'
<br />representatives of the contractor's commitments under this section, and shall
<br />post copies of the notice in conspicuous places available to employees and
<br />applicants for employment.
<br />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 may be 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.
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