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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />b. Applicability. This requirement applies to all contracts for construction or repair <br />work above $2,000 in situations where the Davis -Bacon Act also applies. It DOES <br />NOT apply to the FEMA Public Assistance Program. <br />c. Requirements. If applicable, the non-federal entity must include a provision for <br />compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as <br />supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors <br />and Subcontractors on Public Building or Public Work Financed in Whole or in Part <br />by Loans or Grants from the United States). Each contractor or subrecipient must be <br />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 <br />which he or she is otherwise entitled. The non -Federal entity must report all <br />suspected or reported violations to FEMA. Additionally, in accordance with the <br />regulation, each contractor and subcontractor must furnish each week a statement <br />with respect to the wages paid each of its employees engaged in work covered by <br />the Copeland Anti -Kickback Act and the Davis Bacon Act during the preceding <br />weekly payroll period. The report shall be delivered by the contractor or <br />subcontractor, within seven days after the regular payment date of the payroll <br />period, to a representative of a Federal or State agency in charge at the site of the <br />building or work. <br />Sample Language. The following provides a sample contract clause: <br />Compliance with the Copeland "Anti -Kickback" Act. <br />a. Contractor. The contractor shall comply with 18 U.S.C. §874, <br />40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as <br />may be applicable, which are incorporated by reference into <br />this contract. <br />b. Subcontracts. The contractor or subcontractor shall insert in <br />any subcontracts the clause above and such other clauses as <br />FEMA may by appropriate instructions require, and also a <br />clause requiring the subcontractors to include these clauses <br />in any lower tier subcontracts. The prime contractor shall be <br />responsible for the compliance by any subcontractor orlower <br />tier subcontractor with all of these contract clauses. <br />Breach. A breach of the contract clauses above may be <br />grounds for termination of the contract, and for debarment <br />70 <br />