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federal contract with the same prime contractor, or any other federally -assisted contract subject <br />to the Contract Work Hours and Safety Standards Act, which is held by the same prime <br />contractor, such sums as may be determined to be necessary to satisfy any liabilities of such <br />contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause <br />set forth in paragraph (b)(2) of this section. <br />(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set <br />forth in paragraph (b)(1) through (4) of this section and also a clause requiring the <br />subcontractors to include these clauses in any lower tier subcontracts. The prime contractor <br />shall be responsible for compliance by any subcontractor or lower tier subcontractor with the <br />clauses set forth in paragraphs (b)(1) through (4) of this section." <br />6.4 Suggested Language <br />For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not <br />subject to the other statutes in 29 C.F.R. § 5.1 where an additional contract provision is required, <br />FEMA suggests including the following language: <br />"Further Compliance with the Contract Work Hours and Safety Standards Act. <br />(1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the <br />course of the work and shall preserve them for a period of three years from the completion of <br />the contract for all laborers and mechanics, including guards and watchmen, working on the <br />contract. Such records shall contain the name and address of each such employee, social <br />security number, correct classifications, hourly rates of wages paid, daily and weekly number <br />of hours worked, deductions made, and actual wages paid. <br />(2) Records to be maintained under this provision shall be made available by the contractor or <br />subcontractor for inspection, copying, or transcription by authorized representatives of the <br />Department of Homeland Security, the Federal Emergency Management Agency, and the <br />Department of Labor, and the contractor or subcontractor will permit such representatives to <br />interview employees during working hours on the job." <br />7. Rights to Inventions Made Under a Contract or <br />Agreement <br />This contract provision outlines the rules governing the ownership of inventions created using federal <br />funds. If the FEMA award meets the definition of funding agreement39 and the NFE enters into any <br />contract involving substitution of parties, assignment or performance of experimental, <br />developmental, or research work under that funding agreement, then the NFE must comply with the <br />requirements of 37 C.F.R. Part 401 and any implementing regulations issued by FEMA. <br />39 Funding agreement definition found under 37 C.F.R. § 401.2(a). <br />24 <br />