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(a) If the Sub -Recipient , with the funds authorized by this Agreement, enters into a contract <br />that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract <br />must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department <br />of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required <br />to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. <br />Work in excess of the standard work week is permissible provided that the worker is compensated at a <br />rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours <br />in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide <br />that no laborer or mechanic must be required to work in surroundings or under working conditions which <br />are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies <br />or materials or articles ordinarily available on the open market, or contracts for transportation. <br />(30) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT <br />(a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract <br />that exceeds $150,000, then any such contract must include the following provision: <br />Contractor agrees to comply with all applicable standards, orders or <br />regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) <br />and the Federal Water Pollution Control Act as amended (33 U.S.C. <br />1251-1387), and will report violations to FEMA and the Regional Office of <br />-the Environmental Protection Agency (EPA). <br />(31) SUSPENSION AND DEBARMENT <br />(a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, <br />then any such contract must include the following provisions: <br />i. This contract is a covered transaction for purposes of 2 C.F.R. <br />pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to <br />verify that none of the contractor, its principals (defined at 2 C.F.R. § <br />180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded <br />(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § <br />180.935). <br />ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and <br />2 C.F.R. pt. 3000, subpart C and must include a requirement to comply <br />with these regulations in any lower tier covered transaction it enters into. <br />iii. This certification is a material representation of fact relied upon <br />by the Division. If it is later determined that the contractor did not comply <br />with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in <br />addition to remedies available to the Division, the Federal Government <br />may pursue available remedies, including but not limited to suspension <br />and/or debarment. <br />iv. The bidder or proposer agrees to comply with the requirements <br />of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this <br />offer is valid and throughout the period of any contract that may arise <br />from this offer. The bidder or proposer further agrees to include a <br />provision requiring such compliance in its lower tier covered transactions. <br />(32) BYRD ANTI -LOBBYING AMENDMENT <br />23 <br />