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essential job functions discloses the compensation of such other employees or applicants to
<br />individuals who do not otherwise have access to such information, unless such disclosure is in
<br />response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
<br />action, including an investigation conducted by the employer, or is consistent with the Recipient's
<br />legal duty to furnish information.
<br />D. The Recipient will send to each labor union or representative of workers with which he has a
<br />collective bargaining agreement or other Agreement or understanding, a notice to be provided
<br />advising the said labor union or workers' representatives of the Recipient's commitments under this
<br />section, and shall post copies of the notice in conspicuous places available to employees
<br />and applicants for employment.
<br />E. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and
<br />of the rules, regulations, and relevant orders of the Secretary of Labor.
<br />F. The Recipient will furnish all information and reports required by Executive Order 11246 of
<br />September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
<br />thereto, and will permit access to his books, records, and accounts by the administering agency and
<br />the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
<br />regulations, and orders.
<br />G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement
<br />or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or
<br />suspended in whole or in part and the Recipient may be declared ineligible for further Government
<br />contracts or federally assisted construction contracts in accordance with procedures authorized in
<br />Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
<br />remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
<br />regulation, or order of the Secretary of Labor, or as otherwise provided by law.
<br />H. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the
<br />provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by
<br />rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
<br />Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
<br />or vendor. The Recipient will take such action with respect to any subcontractor purchase order as
<br />the administering agency may direct as a means of enforcing such provisions, including sanctions for
<br />noncompliance.
<br />4. Contract Work Hours and Safety Standards Act
<br />Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or
<br />laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
<br />regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the
<br />wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
<br />standard work week is permissible provided that the worker is compensated at a rate of not less than one and a
<br />half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of
<br />40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to
<br />work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These
<br />requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
<br />market, or contracts for transportation or transmission of intelligence.
<br />5. Rights to Inventions Made Under Agreement
<br />If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non- Federal
<br />Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
<br />regarding the substitution of parties, assignment or performance of experimental, developmental, or research
<br />work under that "funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements
<br />of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
<br />Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
<br />awarding agency.
<br />6. Clean air Act (42 U.S. C. 7401-7671q.). the Federal Water Pollution Control Act (33 U.S.C. 1251-
<br />1387), and EPA Regulations
<br />If the Agreement is in excess of $100,000, the Recipient shall comply with all applicable standards, orders or
<br />regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
<br />Act as amended (33 U.S.C. 1251-1387), and by the EPA (40 CFR Part 15). Violations must be reported to the
<br />Attachment 8
<br />2 of 6
<br />Rev. 4/14/2022
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