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A. Equal Employment Opportunity. During the performance of this contract, the contractor
<br />agrees as follows:
<br />(1) The contractor will not discriminate against any employee or applicant for employment
<br />because of race, color, religion, sex, or national origin. The contractor will take affirmative
<br />action to ensure that applicants are employed, and that employees are treated during
<br />employment without regard to their race, color, religion, sex, or national origin. Such action
<br />shall include, but not be limited to the following: Employment, upgrading, demotion, or
<br />transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
<br />forms of compensation; and selection for training, including apprenticeship. The contractor
<br />agrees to post in conspicuous places, available to employees and applicants for employment,
<br />notices to be provided setting forth the provisions of this nondiscrimination clause.
<br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on
<br />behalf of the contractor, state that all qualified applicants will receive considerations for
<br />employment without regard to race, color, religion, sex, or national origin.
<br />(3) The contractor will send to each labor union or representative of workers with which he
<br />has a collective bargaining agreement or other contract or understanding, a notice to be
<br />provided advising the said labor union or workers' representatives of the contractor's
<br />commitments under this section, and shall post copies of the notice in conspicuous places
<br />available to employees and applicants for employment.
<br />(4) The contractor will comply with all provisions of Executive Order 11246 of September
<br />24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
<br />(5) The contractor will furnish all information and reports required by Executive Order
<br />11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,
<br />or pursuant thereto, and will permit access to his books, records, and accounts by the
<br />administering agency and the Secretary of Labor for purposes of investigation to ascertain
<br />compliance with such rules, regulations, and orders.
<br />(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of
<br />this contract or with any of the said rules, regulations, or orders, this contract may be
<br />canceled, terminated, or suspended in whole or in part and the contractor may be declared
<br />ineligible for further Government contracts or federally assisted construction contracts in
<br />accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and
<br />such other sanctions as may be imposed and remedies invoked as provided in Executive
<br />Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,
<br />or as otherwise 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 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
<br />employed on such work to work in excess of forty hours in such workweek unless such laborer
<br />or mechanic receives compensation at a rate not less than one and one-half times the basic
<br />rate of payfor all hours worked in excess of forty hours in such workweek.
<br />Agreement (Public Works) REV 04-07 - 00520 - 9
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