ervation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for
<br />inclusion in the National Register of Historic Places that are subject to effects {see 36 CFR Part (800.8) by the
<br />activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) complying
<br />with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such
<br />properties.
<br />
<br />Construction Contracted for by the Participant Shall Meet the Following Requirements:
<br />
<br />1. Contracts for construction in excess of $10,000 shall be awarded through a process of competitive bidding
<br /> involving formal advertising, with adequate purchase description, sealed bids, and public openings. Copies of all
<br /> advertisements, bids, and a copy of the contract shall be retained for inspection by the D)rector and the State.
<br />
<br />2. The participant shall inform all bidders on contracts for construction that federal funds are being used to assist
<br /> in construction.
<br />
<br />Written change orders shall be issued for oil necessary Changes in the facility being constructed under Contracts
<br />of $10,000 or more. Such change orders shall be made a part of the project file and should be kept available for
<br />audit,
<br />
<br />Contracts for construction shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18
<br />U.S.C. 874) as supplemented by Department o1 Labor regulations (29 CFR, Part 3).
<br />
<br />The participant will comply with other procurement standards of OMB Circular A-102, Attachment O, except
<br />for provisions related to compliance with Davis Bacon Act requirements {unless required by a program providing
<br />supplemental funding). Should supplemental funding be provided which requires compliance with Davis Bacon
<br />Act requirements, all construction contracts awarded by the grantee and subgrantee in excess of $2,000 shall
<br />include a provision for compliance with such Act {40 U.S.C, 276a to a-7) and as supplemented bv Department
<br />of Labor regulations (29 CPR, Part
<br />
<br />The participant shall incorporate, or cause to be incorporated, into al~ construction contracts exceeding $10,000
<br />{ten-thousand), the following provisions:
<br />
<br />"During the performance of this contract, the contractor agrees as follows:
<br />
<br />"[ I) The contractor wilt not discriminate against any employee or applicant for employment because of race,
<br />religion, color, sex, or national orign. The contractor will take affirmative action to ensure that applicants are
<br />employed, and that employees are treated during employment, without regard to their race, creed, color, or
<br />national orgin. Such action shall include, but not be limited to, the following: Employment; upgrading;demo-
<br />lion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
<br />of compensation; and selection for training, incSuding apprenticeship. The contractor agrees to post in con-
<br />spicuous places, availabie to employees and applicants for employment, notices to be provided bv the contra-
<br />cting officer setting forth the provisions of this nondiscrlmination clause,
<br />
<br />'(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor, state that all qualified applicants will receive consideration for employment without regard to race,
<br />religion, color, sex, or national origin.
<br />
<br />"(3) The contractor wig send to each labor union or representative of workers with which he has a collective
<br />bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
<br />officer, advising the Fabor union or workers' representative of the contractor's commitments under Section 202
<br />of Executive Order No. 11246 as amended (3 CFR 169 (1974)), and shall post copies of notices in conspicuous
<br />places available to employees and applicants for employment.
<br />
<br />'(4) The contractor wig comply with ag provisions of Executive Order No. 11246, as amended, and the rules,
<br />regulations, and relevant orders of the Secretary of Labor.
<br />
<br />"(5} The contractor will furnish all information and reports required by Executive Order No. 11246, as a-
<br />mended, and by the rules, regulations, and orders of the Secretary of Labor, o, pursuant thereto, and will
<br />permit access to his books, records, and accounts by the contracting agency, the State, and the Secretary of
<br />Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
<br />
<br />"(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
<br />with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole
<br />or in part and the contractor may be declared ineligibie for further Government contracts in accordance with
<br />procedures authorized in Executive Order No. 11246, as amended, and such other sanctions may be imposed and
<br />remedies invoked as provided in Executive Order No. 11246, as amended, or by rules, regulations, or orders of
<br />the Secretary of Labor, or as otherwise provided by law.
<br />
<br />"(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase
<br />order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204
<br />of Executive Order 11246, as amended, so that such provisions will be binding upon each subcontractor or
<br />vendor. The contractor will take such action with respect to any subcontract or purchase order as the con-
<br />tracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
<br />Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigatlon with a
<br />subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the
<br />United States to enter into such litigation to protect the interests of the United States.
<br />
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