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viii. The contractor shall include the portion of the sentence immediately preceding <br />paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or <br />purchase order unless exempted by rules, regulations, or orders of the Secretary of <br />Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, <br />so that such provisions shall be binding upon each subcontractor or vendor. The <br />contractor shall take such action with respect to any subcontract or purchase order as <br />the administering agency may direct as a means of enforcing such provisions, including <br />sanctions for noncompliance: <br />Provided, however, that in the event a contractor becomes involved in, or is threatened <br />with, litigation with a subcontractor or vendor as a result of such direction by the <br />administering agency the contractor may request the United States to enter into such <br />litigation to protect the interests of the United States. <br />b. The Sub -Recipient further agrees that it shall be bound by the above equal opportunity clause with <br />respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the <br />applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any <br />agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. <br />c. The Sub -Recipient agrees that it shall assist and cooperate actively with the administering agency <br />and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity <br />clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it shall furnish the administering <br />agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that <br />it shall otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing <br />compliance. <br />d. The Sub -Recipient further agrees that it shall refrain from entering into any contract or contract <br />modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not <br />demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive <br />order and shall carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed <br />upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D <br />of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, <br />the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part <br />this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under <br />the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has <br />been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal <br />proceedings. <br />(27)COPELAND ANTI -KICKBACK ACT <br />The Sub -Recipient hereby agrees that, unless exempt under federal law, it shall incorporate or cause to <br />be incorporated into any contract for construction work, or modification thereof, the following clause: <br />i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, <br />and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by <br />reference into this contract. <br />ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts <br />the clause above and such other clauses as the FEMA may by appropriate instructions <br />require, and also a clause requiring the subcontractors to include these clauses in any <br />21 <br />