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opportunity clause is not applicable to any agency, instrumentality or subdivision of such government <br />which does not participate in work on or under the contract. <br />(c) The Sub -Recipient agrees that it will assist and cooperate actively with the administering <br />agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the <br />equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it <br />will furnish the administering agency and the Secretary of Labor such information as they may require for <br />the supervision of such compliance, and that it will otherwise assist the administering agency in the <br />discharge of the agency's primary responsibility for securing compliance. <br />(d) The Sub -Recipient further agrees that it will refrain from entering into any contract or <br />contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor <br />debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted <br />construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for <br />violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the <br />administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In <br />addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the <br />administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole <br />or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to <br />the Sub -Recipient under the program with respect to which the failure or refund occurred until <br />satisfactory assurance of future compliance has been received from such Sub -Recipient ; and refer the <br />case to the Department of Justice for appropriate legal proceedings. <br />(28) COPELAND ANTI -KICKBACK ACT <br />(a) The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will <br />incorporate 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 <br />U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be <br />applicable, which are incorporated by reference into this contract. <br />ii. Subcontracts. The contractor or subcontractor shall insert in any <br />subcontracts the clause above and such other clauses as the FEMA may <br />by appropriate instructions require, and also a clause, requiring the <br />subcontractors to include these clauses in any lower tier subcontracts. <br />The prime contractor shall be responsible for the compliance by any <br />subcontractor or lower tier subcontractor with all of these contract <br />clauses. <br />iii. Breach. A breach of the contract clauses above may be grounds <br />for termination of the contract, and for debarment as a contractor and <br />subcontractor as provided in 29 C.F.R. § 5.12. <br />(29) CONTRACT WORK HOURS AND SAFETY STANDARDS <br />22 <br />