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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 <br />paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or <br />purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor <br />issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such <br />provisions will be binding upon each subcontractor or vendor. The contractor will take such <br />action with respect to any subcontract or purchase order as the administering agency may <br />direct as a means of enforcing such provisions, including sanctions for noncompliance: <br />Provided, however, That in the event a contractor becomes involved in, or is threatened with, <br />litigation with a subcontractor or vendor as a result of such direction by the administering <br />agency the contractor may request the United States to enter into such litigation to protect the <br />interests of the United States. <br />B. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- <br />3708): <br />(1) Overtime requirements. No contractor or subcontractor contracting for any part of <br />the 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 <br />mechanic receives compensation at a rate not less than one and one-half times the basic rate <br />of pay for all 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 <br />of the 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 <br />or 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 <br />own 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 <br />may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor <br />for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of <br />this section. <br />(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the <br />clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the <br />subcontractors to include these clauses in any lower tier subcontracts. The prime contractor <br />shall be responsible for compliance by any subcontractor or lower tier subcontractor with the <br />clauses set forth in paragraphs (1) through (4) of this section. <br />C. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 <br />U.S.C. 1251-1387), as amended. <br />(1) The contractor agrees to comply with all applicable standards, orders or regulations <br />issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. <br />(2) The contractor agrees to report each violation to the OWNER and understands and <br />agrees that the OWNER will, in turn, report each violation as required to assure notification to <br />00520 - Agreement (Public Works) REV 10-18.doc <br />00520-10 <br />H:1Bidst2020-2021 FY (2021000)\2021012 Sector 3 Dune Rebid\00520 - Agreement (Public Works) REV 10-18.doc <br />