Laserfiche WebLink
the purchase of supplies or materials or articles ordinarily available on the open market, or contracts <br />for transportation or transmission of intelligence.37 <br />6.2 Additional Requirements <br />If applicable per the standard described above, the non-federal entity must include the provisions at <br />29 C.F.R. § 5.5(b)(1)-(4), verbatim, into all applicable contracts, and all applicable contractors must <br />include these provisions, in full, into any subcontracts.38 <br />In addition to the required language from 29 C.F.R. § 5.5(b)(1)-(4), in any contract subject only to the <br />Contract Work Hours and Safety Standards Act and not to any other statutes cited in 29 C.F.R. § 5.1, <br />the NFE must also insert a clause meeting the requirements of 29 C.F.R. § 5.5(c). Specific language <br />is not required, but FEMA has provided suggested language below. <br />6.3 Required Language <br />For the required contract provision, the language from 29 C.F.R. § 5.5(b)(1)-(4) is provided here for <br />ease of reference: <br />"Compliance with the Contract Work Hours and Safety Standards Act. <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 employed <br />on such work to work in excess of forty hours in such workweek unless such laborer or mechanic <br />receives compensation at a rate not less than one and one-half times the basic rate of pay for all <br />hours worked in excess of forty hours in such workweek. <br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the <br />clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor <br />responsible therefor shall be liable for the unpaid wages. In addition, such contractor and <br />subcontractor shall be liable to the United States (in the case of work done under contract for the <br />District of Columbia or a territory, to such District or to such territory), for liquidated damages. <br />Such liquidated damages shall be computed with respect to each individual laborer or mechanic, <br />including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) <br />of this section, in the sum of $27 for each calendar day on which such individual was required or <br />permitted to work in excess of the standard workweek of forty hours without payment of the <br />overtime wages required by the clause set forth in paragraph (b)(1) of this section. <br />(3) Withholding for unpaid wages and liquidated damages. The (insert name of grant recipient or <br />subrecipient) shall upon its own action or upon written request of an authorized representative of <br />the Department of Labor withhold or cause to be withheld, from any moneys payable on account <br />of work performed by the contractor or subcontractor under any such contract or any other <br />37 2 C.F.R. Part 200, Appendix II, § E. <br />38 29 C.F.R. § 5.5(b)(1), (4). <br />23 <br />