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1/31/79 <br />(d) All contracts and subgrants for <br />construction or repair shall include a <br />provision for compliance with The Cope- <br />land "Anti -Kick Back" Act (18 U.S.C. <br />874) as supplemented in Department of <br />Labor regulations (29 CFR, Part 3) . This <br />Act provides that each contractor or <br />subgrantee shall be prohibited from in- <br />ducing, by any means, any person em- <br />ployed in the construction, completion, <br />or repair of public work, to give up any <br />part of the compensation to which he <br />is otherwise entitled. The grantee shall <br />report all suspected or reported viola- <br />tions to the grantor agency. <br />(e) When required by the Federal <br />grant prograth legislation, all construc- <br />tion contracts awarded by grantees and <br />subgrantees in excess of $2,000 shall in- <br />clude a provision for compliance with <br />the Davis -Bacon Act (40 V.S.C. 278a to <br />a-7) and as supplemented by Depart- <br />ment of Labor regulations (29 Celt, Part <br />5). Under this Act contractors shall be <br />required to pay wages to laborers and <br />mechanics at a rate not less than the <br />minimum wages specified in a wage de- <br />termination made by the Secretary of <br />Labor. In addition, contractors shall be <br />required to pay wages. not less often <br />than once a week. The grantee shall <br />place a copy of the current prevailing <br />wage determination issued by the De- <br />partment of Labor in each solicitation <br />and the award of a contract shall be <br />conditioned upon the acceptance of the <br />wage determination. The grantee shall <br />report all suspected or reported viola- <br />tions to the grantor agency. <br />(f) Where applicable, all contracts <br />awarded by grantees and subgrantees in <br />excess of $2,000 for construction con- <br />tracts and in excess of $2,500 for other <br />contracts which Involve the employ- <br />ment of mechanics or laborers shall in- <br />clude a provision for compliance with <br />sections 103 and 107 of the •Contract <br />Work Bonn and Safety Standards Act <br />(40 U.S.C. 327-330) as supplemented by <br />Department of Labor regulations (29. <br />cfR, Part 5). Under section 103 of the <br />Ace, each contractor shall be required <br />to compute the wages of every mechanic <br />and laborer on the basis of a standard <br />work day of 8 hours and a standard work <br />week of 40 hours. Work in excess of the <br />standard workday or workweek is per- <br />missible provided that the worker is - <br />compensated at a rate of not less than <br />11 times the basic rate of pay for all <br />hours worked in excess of 8 hours in any <br />AC 150/5900-1B <br />Appendix 3 <br />calendar day or 40 hours in- the work <br />week. Section 107 of the Act is applica- <br />ble to construction work and' provides <br />that no laborer or mechanic shall be <br />required to work in surroundings or un- <br />der working conditions which are - un- <br />sanitary, hazardous, or dangerous to his <br />health and safety as determined under <br />construction. safetl7, and health stand- <br />ards promulgated by the Secretary of <br />Labor. These requirements do not apply <br />to the purchases of supplies or materials <br />or articles ordinarily available on the <br />open market, or contracts for transpor- <br />tation or transmission of intelligence. <br />(g) Contracts or agreements, the <br />principal purpose of which is to create, <br />develop, or improve products, proceseee <br />or methods; or for exploration into fields <br />which directly concern public health, <br />safety, or welfare; or contracts in the <br />field of science or technology in which <br />there has been little significant experi- <br />ence outside of work funded by Federal <br />assistance, shall contain a notice to the <br />effect that matters regarding rights to <br />inventions, and materials generated, <br />under the contract or agreement are sub- <br />Ject to the regulations issued by the Fed- <br />eral grantor agency and the grantee. <br />The contractor shall be advised as to <br />the source of additional information re- <br />garding these matters. <br />(h) All negotiated contracts (except <br />those of $10,000 or less) awarded by <br />effect that the grantee, the' Federal <br />grantees shalt Include a provision to the <br />grantor agency, the Comptroller General <br />of the 'United States, or any of their duly <br />authorized representatives, shall have <br />access to any books, documents, papers, <br />and records of the contractor which are <br />directly Pertinent to a specific grant <br />program for the purpose of making <br />audit, examination, excerpts, and tran- <br />scriptions. . <br />. (1) Contracts and subgrants of <br />amounts in excess of $100,000 shall con- <br />tain a provision which requires the re- <br />cipientto agree to comply with all ap- <br />plicable standards, orders, or regulations <br />issued pursuant to the Clean Air Act <br />of 1970. Violations shall be repofted to <br />the grantor agency and the Regional <br />Office -of the Environmental' Protection <br />Agency. <br />3 (and 4) <br />
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