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agreement gerelcom.doc <br />September 24, 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 preceding paragraph (1) <br />and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless <br />exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section <br />204 of Executive 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 respect to any <br />subcontract or purchase order as the administering agency may direct as a means of enforcing <br />such provisions, including sanctions for noncompliance: Provided, however, That in the event a <br />contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor <br />as a result of such direction by the administering agency the contractor may request the United <br />States to enter into such litigation to protect the interests of the United States. <br />A <br />D. Compliance with the Contract Work Hours and Safety Standards Act: <br />(1) Overtime requirements. No contractor or subcontractor contracting for any part of the <br />contract work which may require or involve the employment of laborers or mechanics shall <br />require or permit any such laborer or mechanic in any workweek in which he or she is employed <br />on such work to work in excess of forty hours in such workweek unless such laborer or mechanic <br />receives compensation at a rate not less than one and one-half times the basic rate of pay for all <br />hours worked in excess of forty hours in such workweek. <br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the <br />clause set forth in paragraph (1) of this section the contractor and any subcontractor <br />responsible therefor shall be liable for the unpaid wages. In addition, such contractor and <br />subcontractor shall be liable to the United States (in the case of work done under contract for <br />the District of Columbia or a territory, to such District or to such territory), for liquidated <br />damages. Such liquidated damages shall be computed with respect to each individual laborer or <br />mechanic, including watchmen and guards, employed in violation of the clause set forth in <br />paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual <br />was required or permitted to work in excess of the standard workweek of forty hours without <br />payment of the overtime wages required by the clause set forth in paragraph (1) of this section. <br />(3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own <br />action or upon written request of an authorized representative of the Department of Labor <br />withhold or cause to be withheld, from any moneys payable on account of work performed by <br />the contractor or subcontractor under any such contract or any other Federal contract with the <br />same prime contractor, or any other federally -assisted contract subject to the Contract Work <br />Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may <br />be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for <br />unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this <br />section. <br />(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set <br />forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors <br />to include these clauses in any lower tier subcontracts. The prime contractor shall be <br />responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set <br />forth in paragraphs (1) through (4) of this section. <br />E. Rights to Inventions Made Under a Contract or Agreement. <br />Page 42 of 52 <br />