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(3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon <br />written request of an authorized representative of the Department of Labor withhold or cause to be <br />withheld, from any moneys payable on account of work performed by the contractor or subcontractor under <br />any such contract or any other Federal contract with the same prime contractor, or any other federally - <br />assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same <br />prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor <br />or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph <br />(2) of this section. <br />(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in <br />paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these <br />clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any <br />subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this <br />section. <br />B. Clean Air Act: <br />(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to <br />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 agrees that the <br />OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency <br />Management Agency, and the appropriate Environmental Protection Agency Regional Office. <br />(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in <br />whole or in part with Federal assistance provided by FEMA. <br />C. Federal Water Pollution Control Act: <br />(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to <br />the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. <br />(2) The contractor agrees to report each violation to the OWNER and understands and agrees that the <br />OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency <br />Management Agency, and the appropriate Environmental Protection Agency Regional Office. <br />(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in <br />whole or in part with Federal assistance provided by FEMA. <br />D. Debarment and Suspension <br />(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the <br />contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or <br />its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined <br />at 2 C.F.R. § 180.935). <br />(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must <br />include a requirement to comply with these regulations in any lower tier covered transaction it enters into. <br />(3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that <br />the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to <br />remedies available to OWNER, the Federal Government may pursue available remedies, including but not <br />limited to suspension and/or debarment. <br />(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. <br />pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from <br />this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower <br />tier covered transactions. <br />11 <br />