Free Motion for Summary Judgment - District Court of Federal Claims - federal

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SECTIONH

1. Thecontractor or subcontractorfurnished cost or pricing, data that werenot complete, accurate,andcurrent as of the dateof final agreement price; on 2. A subcontractor or prospective subcontractor furnished contractor or the cost pricing data that werenot complete, accurate, and current as of the date of final agreement price; or on 3. Anyof theseparties furnisheddata of anydescriptionthat werenot accurate then the price or cost will be reduced accordingly the contractwill be modified reflect the and to reduction. b. Anyreduction in the contract price underparagraph above to defective data from a a due prospectivesubcontractor that wasnot awarded subcontractwill be limited to the amount, the plus applicableoverhead profit markup, whichthe actual subcontract, the actual cost to and by or the contractor if there wasno subcontract, wasless than the prospective subcontractcost estimatesubmitted the contractor(providedthat the actual subcontract by price wasnot itself affectedbydefectivecostor pricing data). H.15 SUBCONTRACTORCOST OR PRICINGDATA(Clause 5-23) (October 1987) a. Beforeawarding subcontractor.~oricing anysubcontractmodification, the contractor any mustrequire the subcontractor submitcost or pricing data whenever or pricing data are to cost required by chapter 5 of the USPS Prc'~urement Manual. b. If the subcontractor required.to submitcost or pricing data underparagraph above, is a then the contractormustinsert the substance this clause, including this paragraph in the of b, subcontract. H.16 BANKRUPTCY (Clause 6-1) (January 1991) In the event the contractor enters into proceedings relating to bankruptcy,whether voluntary involuntary,the contractor or will furnish, by certified mail, written notification of the bankruptcy the contractingofficer/'esponsiblef0radministering contract. Thenotification to the must be furnished within five days of the initiation of the bankruptcy proceedings. The notification mustinclude the date on whichthe bankruptcy petition wasfile d, the court in which the petition was filed, anda list of PostalService contracts contracting and officers for all Postal Service contracts for whichfinal payment not yet beenmade. has This obligation remainsin effect until final payment this contract. under H.17 ADDITIONAL BONDSECURITY (Clause 7-2) (October 1987) If anysurety furnishing a bondin connection with this contract becomes unacceptable to the Postal Serviceor fails to .furnish reports on its financial condition as requested the by contractingofficer, or if the contractprice increases the point where security furnished to the becomes inadequate the contracting officer's opinion, the contractor mustpromptlyfumish in additional security as requiredto protect the interests of the Postal Serviceandof persons supplying labor or materials performance this contract. in of IQc-c P.age 52 of 99 pages

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. SECTION H

BONDS H.18 DEPOSITOF ASSETSINSTEADOF SURETY (Clause7-3) (December 1989) a. If the contractorhasdeposited assetsinsteadof furnishing sureties for anybond required under this contractandthe assetsare in the formof checks, currency,or drafts, the contracting officer will holdthe assets an account the contractor's in for benefiL b. Upon contract completion,the contractor's funds will be returned as soonas possible, unlessthe contractingofficer determines part or al~ of the account requiredto compensate that is the PostalService costsit incursas a result of the contractor'sdelay,default, or failure to for perform.In sucha case,the entire account will be available to compensate PostalService. the H.19 INSURANCE (Clause 7-4) (June 1988) a. Duringthe termof this contract andanyextension,the contractormustmaintainat its own expense insurancerequired by this clause. Insurancecompanies be acceptable the the must to PostalService.Policiesmustincludeall termsandprovisionsrequiredby the PostalService. b. Thecontractor mustmaintainandfurnish evidence workers' compensation, of employers' liability insurance, the followinggen.eral and publicliability and automobile liability insurance: BodilyInjury Property Damage $10,000per occurrence $10,000aggregate

General$100,000 per person Liability $500,000 accident per

Automobile $100,000 per person$10,000pe.r occurrence Liability $500,000 per accident $10,000aggregate This coverage in additionto the specialasbestos lead abatement is and general liability insurance required Attachment per d. Each policy must includesubstantiallythe followingprovision: "It is a conditionof this policy that the company furnish written notice tO the U.S.Postai Service30 daysin advance the effective dateof anyreductionin or cancellation this of of policy". e. Thecontractor mustfurnish a certificate of insuranceor, if required by the contracting officer, true copies- of liability policies and manuallycountersigned endorsements any of changes. Insurancemustbe effective, andevidence acceptable of insurancefurnished, before beginning performance underthis contract. Evidence renewal of mustbe furnishednot later than five days beforea policy expires.

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f. The maintenance insurance coverageas required by this clause is a continuing of obligation, andthe lapse or termination of insurancecoverage without replacement coverage beingobtained be grounds termination default. will for for H.20 FEDERAL, STATE,ANDLOCAL TAXES (SHORT FORM) (Clause 7-7) (June Except this contract may as otherwise provide, the contract price includesall applicable Federal,State, andlocal taxesandduties in effect on the contractdate but does includeany not taxesfromwhichthe Postal Service,the contractor, or this transactionis exempt. Upon request of the contractor, the PostalServicemustfurnish a tax exemption certificete or similar evidence of exemption from anytax not includedin the contract price. "Contractdate" means date of the the contractor's proposal quotationor, if no proposal quotation,the date of this purchase or or order.

H.21 CONFLICT INTEREST OF (Clause 8-2) (October 1987) a. In addition to the obligations embodied the contractor'scodeof ethics, the contractor: in specifically agrees that there is no conflict of interest arising fromthe servicesto be provided under this agreement. contractor The further agrees that no employee, principal, or affiliate is in anysuchconflict. b. Thecontractor will immediately" notify the contracting officer whenever non-Postal any Service client requestsor receives any professional advice, representation, or assistance regarding the Postal Service, whetheror not related to the services provided under this agreement. c. ThePostal Servicereservesthe right to refuse to allow the contractor to undertake any conflicting agreements non-Postal with Serviceclients, or to terminatethis agreement without costto the PostalService the contracting if officer detarmines a conflict of interest exists. that H.22 RECORDS OWNERSHIP (Clause 8-5) (October 1987) Notwithstandingany State law providing for retention of rights in the records, the contractoragrees that the Postal Servicemay,at its option, demand take without additional and compensation recordsrelating to the servicesprovidedunderthis agreement. contractor all The mustturn over all such records uponrequest but mayretain copies of documents produced by the contractor. H.23 ORGAN[Z..AT1ONAL CONFLICT INTEREST OF (Clause 8-14) (October 1987) Nots:Thefollowing clausewill be included anycontractresulting fromthis solicitation unless in an alternativeis submitted negotiated the satisfactionof the PostalService. and to

[QC-C

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SOLICITATION: 162640-96-A-0282 a. Definitions 1. "Contractor"means organizationsigning this agreement. the

SECTION H

2. "System supplier" means firm fumiahing the PostalServiceor its contractors any to as a pdme contractor any productionor development hardware software components of or or subassembly a system; sucha firm's subsidiaries, its parentcorporation,or any of or subsidiary the parentcorporation. of 3. "Affiliates" means parentcorporation,parent corporationsubsidiaries anyentity , into or with which the contractor maysubsequently merge,or any other successoror assignee the contractor. of b. Warranty Against Existing Conflict of Interest. Thecontractor warrantsandrepresents that, to the beatof its knowledge belief, it does presently and not have organizational any conflict of interest that woulddiminishits capacityto provideimpartial, technically sound,objective researchassistanceor advice, or wouldresult in a biasedworkproduct, or mightresult in an unfair competitiveadvantage, exceptadvantages flowing fromthe normal benefits of performing this agreement. o. Restrictions on Contracting. The ,¢.~ntractor agreesthat, during the term. of this agreement, any extensions thereto, a.nd For a pedodof two years thereafter, neither the contractor its affiliates will enterinto anycontracts nor with the system suppliers 1. Under which contractoror its affiliates will sell anysystem, the equipment, major or componentthereof for which the contractor prepared any work statements or specifications, or conducted studies or performed task underthis agreement; any or 2. To provide any research, support, analysis, or consulting services for which the contractor preparedany work statementsor specifications, or conducted studies or performed task underthis agreement. any Notwithstanding foregoing,the contractoris the not precluded from furnishing to the Postal Serviceor the U.S. Government support, any analysis,or consulting servicerelatedto anysystem. d. InformationExclusion. Thecontractor agreesthat dudng term of this agreement, the any extensions thereto,andfor a periodof twoyears thereafter,neitherthe contractor its affiliates nor will consult with or discusswith the system suppliers any aspectof the worko{ this agreement exceptas is necessary the performance the workhereunder. for of e. PossibleFutureConflicts of Interest. Thecontractor agrees that, if after award this of agreement, discovers organizational it any conflict of interest that would diminishits capacityto provideimpartial, technicallysound, objectiveresearch assistance advice,or would or result in a biased work product, or might result in an unfair competitive advantage,except advantages flowing from the normalbenefits of performingthis agreement, contractor will make the an immediate full disclosurein writing to the contractingofficer, includinga descriptionof the and actionthe contractor takenor proposes take to avoid,eliminate,or neutralizethis conflict has to of interest. ]. 0P

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SECTIONH

Nondisclosure Proprietary Data of 1. Thecontractor recognizes that, in performing ordersunderthis agreement, may it receive information submittedon a proprietary basis by the system suppliers. To the extentthat andfor as long as this information proprietaryandis identified as such,the is contractor agreesto useandexamine exclusively in the performance these orders it of andto take the steps necessary preventits disclosureto anythird party without the to prior writtenconsent the contracting of officer. 2. The contractor agreesto indoctrinate its personnel whowill haveaccessto proprietaryinformation to the proprietarynatureof the information, the relationship as and under whichthe contractorhaspossession this information. of 3. The contractor agreesto limit accessto the proprietary information obtained, generated, derived; andto limit participation in the performance ordersunderthis or of agreement t.hose employees to whose services are necessary performing for them.

go Postal Remedy. the contractor breaches violates anyof the warranties, covenants, If or restrictions, disclosures, nondisclosures forth under or ~et this Organizatbnal Conflict of Interest clause, the PostalServicemay terminate.th~s agreement, addition to anyother remedy may in it have damages injunctive relief..": for or H.24 AUTHORIZATION CONSENT AND (Clause 9-2) (October 1987) a. Research Development The Postal Service authorizes and consentsto all use and Work andmanufacture any invention coveredby a U.S. patent in the performance research, of of development, experimentalwork celled for, or performed a necessary or as activity, in the performance this contractor anysubcontract, anytier. of at b. Supplies andConstruction. ThePostal Service authorizes andconsentsto all use and manufacture anyinventioncovered a U.S. patentin performing of by this contractor subcontract, at any tier, thatis: 1. Embodied the structure or composition any article, tt~e delivery of whichis In of accepted the PostalServiceunderthis contract; or by 2. Usedin ma.chinery, tools, or methods whoseuse necessarily results from compliance the contractoror subcontractor (a) specificationsor written provisions. by with forming part of this c~ntractor (b) specific written instructionsgivenby the contracting a officer directing the manner performance° of c. Determination Liability. Theliability of the PostalService patentinfringement for of for or the unauthorized of anypatent will be determined the provisionsof anypatent indemnity use by clauseincluded this contractor in anysubcontract in under this contract(at anytier) andby any IQC-C Page 56 of 99 pages - ] 1 0 - September30, "1995

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indemnification or warranty (express or implied) otherwise provided by the contractor subcontractor similar products serviceswhen for or suppliedto commercial buyers. d. Flowdown. contractor mustinclude, andrequire inclusion of, this clause, suitably The modified identify the parties, in all subcontracts this contractat anytier that are expected to under to exceed $50,000. H.25 NOTICE; AND ASSISTANCE REGARDING INFRINGEMENT (Clause 9-3) (October198"7) PATENT AND COPYRIGHT

a. Thecontractor mustreport to the contractingofficer, in writing, promptly in reasonable and detail, anynotice, claim, or suit regarding patentor copyrightinfringement unauthorized (or use of a patentor copyright)based performance this contract. on of b. At the contracting officer's request, the contractor mustfurnish all evidenceand information its possession in pertainingto the suit or claim. Theevidence information and will be furnished at the expense the Postal Service except whenthe contractor has agreedto. of indemnify PostalService. the c. This clause mustbe included in all subcontracts underthis contract, at anytier, over $50,000. ,/¯ H,26 PATENT INDEMNITY (Clause 94) (October 198"7) a. Exceptas providedin paragraph below, the contractor indemnifiesthe Postal Service, d its employees, its agents and againstliability, includingcostsandfees, for patentinfringement (or unauthorized use) arising fromthe manufacture, or delivery of supplies, the performance use, of services,the construction alteration of real property,or the disposal propertyby or for the or of Postal Service, if the supplies, services, or property (with or without relatively minor modifications-havebeenor are beingoffered for sale or use in the commercial marketplace by the contractor. b. ThePostalServicemustpromptly notify th_e contractorof anyclaim or suit subject to the indemnity paragraph above of a alleging patentinfringement unauthorized of a patent. or use c. To the extent allowedby law, the contractormay participate in the defense anysuit to of whichthis clauseapplies. d. This indemnification dEes applyto: not 1. Infringements for the unauthorized use of a private patent coveredby this indemnity resulting fromthe contractingofficer's specific written directions, compliance with whichrequiresan infringement; or 2. Infringementor unauthorized claims that are unreasonably use settled without the contractor's consent beforelitigation. .. ]. ]_ ]_ _ I~,-._r. Paee57 of 99 Daoes
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e. This clause mustbe includedin all subcontracts underthis contract, at any tier, over $50,000. H.27 PARTICIPATION OF SMALL, MINORITY-OWNED, BUSINESSES (Clause 10-1) (December 1989) AND WOMAN-OWNED

¯ a. Thepolicy of the PostalService to encourage participation of small, minority-owned, is the andwoman-owned businesses its purchases supplies andservices to the maximum in of extent practicableconsistentwith efficient contract performance. contractoragrees follow the The to same policy in performing contract. this b. Thecontractorwill submit report to the contractingofficer within 10 calendar a daysafter the end of eachquarter, describing al~ subcontract awardsto small, minority-owned,or woman-owned businesses. contractor agreesto cooperate any studies or surveysrelated The in to small, minority-owned, woman-owned and businesssubcontractingthat maybe conducted by the PostalService. H.28 SMALL, MINORITY.OWNED,AND WOMAN-OWNED BUSINESS SUBCONTRACTING REQUIREMENTS (Clause 10-2) (February 1992) Definitions 1. "Affiliates" means busi~,ess~ connected the fact that onecontrols or hasthe by power control the other, or'a third party controls or hasthe power control both. to to Factors such as common ownership,common management, contractual relationships and mustbe considered.Franchise agreements not considered are evidence affiliation if of the franchisee a right to profit in proportion its ownership bears risk of loss has to and the or failure. 2. "Commercial product" means product in regular production that is sold in a substantial quantities to the generalpublic and/or industry at establishedcatalog or market prices. Asused this clause,it also means product in any that, in the Opinion the of contracting officer, differs onlyinsignificantly fromthe contractor's commercial product. 3. "Dominant" means being a controlling or major influence in a marketin whicha number businesses primarily engaged. of are Factors such as businessvolume;number of employees; financial resources; competitiveness; ownership control of materials, or processes, patents, andlicense agreements; facilities; sales territory; andnatureof the businessmustbe considered. 4. "Minority-owned business"means businessconcern least 51 percent of which. a at is owned andwhose by, management daily businessoperations are controlled by, and one or moremembers a socially and economically disadvantaged of minority group, namely,U.S. citizens whoare Slack Americans, HispanicAmericans, Native Americans, Asian-Pacific Americans, or Asian-Indian Americans. ("Native Americans"means American Indians, Eskimos, Aleuts, andNative Hawaiians. "Asian-Pacific Americans" are U.S. citizens.whose odgins are Japanese,Chinese, Filipino, Vietnamese,Korean,
/QC-C

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Samoan, Laotian, Kampuchean, Taiwanese in the U.S. Trust Territories of the Pacific or Islands. "Asian-Indian Americans" U.S. citizens whose are origins are in the Indian Subcontinent.) 5. "Numberef employees"meansaverage employment (including domestic and foreign affiliates), based the number people on of employed (whether full-time, part-time, or temporary),dudng eachpaypedod the preceding months, ~f the business of 12 or, has been existence in less than 12 months, duringeachpayperiodof its existence. 6. "Small business"means business, including affiliates, that is independently a owned operated,is not dominant producing performing suppliesor services and in or the being purchased, has no more and than 500employees, unless a different size standard hasbeenestablishedby the SmallBusiness Administration(see 13 CFR 121, particularly for d~erent size standardsfor airline, railroad, andconstruction companies). For subcontractsof $50,000or less, a subcontractor having no morethan 500 employees qualifies as a smallbusiness withoutregardto otherfactors. 7. "Woman-owned business" means businessat least 51 percent of which is owned a by a woman women) is a U.S. citizen, controls the firm by exercisingthe power (or who make policy decisions,andoperatesthe business beingactively involvedin day-to-day by management. :.~. 8. "Subcontract" - means" any agreement (other than one involving an employer-employee relationship) entered into by a Postal .Service contractor or subcontractor calling for suppliesorservicesrequiredfor performance the contract or of subcontract. b. All offerors whoare not small businesses mustsubmit andnegotiate a subcontracting plan that separately addresses subcontracting with small, minority-owned,andwoman-owned businesses. This plan will be included in andmade part of the contract. Thesubcontracting a plan mustbe negotiated within the time spedfiedby the contractingofficer. Failure to submitand negotiate subcontracting will make offeror ineligible for award. the plan the c. Theofferor's subcontracting mustincludethe following: plan 1. Goals,in termsof percentages total planned of subcontracting dollars, for the use of small, minority-ownedand woman-owned businesses.The offeror must include all subcontractsthat contribute to contract performance, mayinclude a proportionate and shareof suppliesand~ervices that are normally allocatedas indirect costs. 2. A statement the of (a) (b) Total dollars planned be subcontracted; to and Total dollars plannedto be subcontracted small, minority-owned to and

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(c) The plan mayalso include goals for small and woman-owned business participation. 3. A descriptionof the principal types of suppliesandservicesto be subcontracted, identifying the types planned for subcontracting to small, minority-owned, and woman-owned businesses. 4. A descriptionof the method usedto develop subcontracting the goals.

5. A description of the method usedto identify potential sourcesfor solicitation .purposes. 6. A statementas to whetherthe offer included indirect costs in establishing subcontracting goals, anda descriptionof the method usedto determine proportionate the share of indirect costs to be incurred with small, minority-owned,and woman-owned businesses. 7. Thename the individual employed the offeror who of by will administer offeroCs the subcontracting program, a descriptionof the individual's duties. and 8. A descriptionof efforts the offeror will make ensure to that small, minority-ewned, and woman-owned businesses .h,_ave an equitable opportunity to competefor subcontracts. " 9. Assurances the offer will (a) includethis clausein all subcontracts that expected exceed $50,000;and(b) require all subcontractors receiving subcontracts excess in $1,000,000 ($500,000 construction) adopta plan similar to the plan agreed by the for to to offeror. 10. A recitation of the types of records the offeror will maintain to demonstrate procedures adopted comply to with the requirements goals in the plan. Therecords and mustinclude at teast the following (on a plant-wide or company-wide basis, unless other'wise indicated): (a) .. Source lists, guides,andother data identifying small, minority-owned, and woman-owned businesses. (b) Organizationscontacted In an attempt to locate sources-that are small, minority-owned,and woman-owned businesses. (c) Records eachsubcontractsolicitation resulting in an awardof more on than $100,000, indicating whether small, minority-owned, and woman-owned businesses weresolicited andif not, whynot, andwhetherawardwasmade a to small, minority-owned, woman-owned or business.

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SOLICITATION: 162640-96-A-0282 (d) Recordsto support subcontract awarddata, including the name,address, and business size of each subcontractor. Contractors having companyor division-wideannua~ plansneed comply not with this requirement_ d. In orderto implement plan effectively, the contractor this must takethe followingsteps: 1. Assist small, minority-owned, and woman-owned businesses by arranging solicitations, time for proposalpreparation, quantities, specifications, anddelivery schedules as to facilitate their participation. When contractor'sJistsof potential so the small, minority.owned, woman-owned and businesssubcontractorsare excessivelylong, reasonable effort shouldbe made give all suchbusinesses opportunity to compete to an overa periodof time. 2. Considerthe abilities of small, minority-owned, woman-owned and businesses in all "make-or-buy" decisions. 3. Counsel discuss subcontractingopportunities with representativesof small, and minority-owned,and woman-owned businesses. e. A master subcontracting on a plant- or division-widebasis containingall the elements plan required by paragraph above,exceptgoal~.maybe incorporatedby referenceas part of the c subcontracting requiredby this clause,.provided plan 1. The masterplan has beenapproved;

2. Theofferor provi~.esto the contractingofficer copiesof the approved master plan andevidence approval; and of 3. Goals and any. deviations from the master plan deemed necessary by the contracting officer to satisfy the requirements this contractareset forth in the individual of subcontracting plan. f. If a commercial productis offered, the subcontracting plan required by this clause may relate to the offeror's productiongenerally, for both commercial noncommercial and products, rather than solely to the Postal Servicecontract. In these cases, the offeror may,with the concurrence the contractingofficer, submitonecompany-widedivision-wideannualplan. of or 1. The annual plan must be reviewedfor approval by the Postal Service purchasing office awarding offeror its first primecontractrequiring a subcontracting during the plan thefiscal year. 2. Theapproved must plan remain effect duringthe offeror's fiscal yearfor all of the in offeror's commercial products. g. Thecontractor, mayrely on written representationsby subcontractorsregardingtheir statusas small, minority-owned woman-owned or businessconcerns.

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h. In determining offeror's responsibility, the contracting the officer may consider offeror's the compliance subcontracting with plans underpreviouscontracts. i. Failure of the contractoror subcontractor comply good to in faith with this clauseor an approved required this clausewill be a materialbreach the contract. plan by of H.29 CONVICT LABOR (Clause 10-3) (October 1987) In connection with the workunderthis contract, the contractoragrees to employ not any person undergoing sentence of imprisonment, except as provided by Public Law89-176, September 1965(18 U.S.C. 4082(c)(2)) andExecutiveOrder11755,December 10, 29, H.30 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COM ENSAT1ON P (Clause10-4) (April 1989) a. Overtime Requirements. contractor or subcontractorcontracting for any part of the No contract workmay require or permit any laborer or mechanic workmorethan 40 hours~n any to workweek work subject to the provisions of the Contract WorkHoursand Safety Standards on Act, unless the laborer or mechanicreceives compensationat a rate not less than one-and-one-half timesthe laborer's or mechanic's basic rate of payfor all suchhoursworked in excess of 40 hours. :~ b. Violation, Liability for UnpaidWages, Liquidated Damages. the event of any and In violation of paragraph above, contractorandanysubcontractor a the responsible the violation for are liable to anyaffected employee unpaidwages. contractorandsubcontractor also for The are liable to the PostalService liquidateddamages, will be for which computed eachlaborer or mechanic $10for eachday on whichthe employee required for at was or permitted workin violation of paragraph above. to a c. Withholding for UnpaidWages Liquidated Damages. contracting officer may and The withhgldfrom the contractor, from anymonies payableto the contractor or subcontractor under this or anyothercontractwith the same primecontractor,or anyotherfederally-assisted contract subiect to the ContractWorkHoursandSafety Standards whichis held by the same Act prime contractor,sums may as administrativelybe determined necessary satisfy anyliabilities of the to contractor or subcontractorfor unpaidwages liquidated damages and pursuantto paragraph b above. d. Records. The contractor or subcontractor must maintain for three years from the completionof the contract for each laborer and mechanic (including watchmen guards) and working the contract payroll recordswhichcontainthe name, on address, social security number, andclassification(s) of eachsuch employee, houdyrates of wages paid, number daily and of weeklyhours worked,deductions made, actual wages and paid. Thecontractor or subcontractor must make these records available for inspection, copying, or transcription by authorized representativesof the contracting officer andthe Department Labor, andmustpermit su~ of representatives to interview employees during workinghours on the job. (The Department o~ Laborinformation collection andrecord keepingrequirements this paragraph havebee~ in d IQC-C Page 62 of 99 pages - ] ] 6 - September 30, 1995

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SE(~TION H .........

approvedby the Office Of Management Budgetunder OMB and control numbers 1215-0140 and 121543017.) e. Subcontracts.Thecontractor mustinsert paragraphs throughd of this clause in all a subcontracts, must and requiretheir inclusionin all subcontracts anytier. at ACT H.31 DAVIS-BACON(Clause10-5) Alternate I (April 1989) a. Minimum Wages 1. All mechanics laborers employed the contract work(other than maintenance and in workof a recurring,routine naturenecessary keep building.-.r space conditionto to the in be continuously usedat an established capacityandefficiency for its intendedpurpose) mustbe paid unconditionaI~y, not less than oncea week,without deduction rebate and or (except for deductionspermitted by the Copeland Regulations(29 CFR Part 3)), amounts at the time of payment due computed rates not less than the aggregate the at of basic hourly rates andrates of payments, contributions, or Costsfor anyfringe benefits contained the wage-determination in decisionof the Secretary Labor,attachedhereto, of regardlessof anycontractual relationship alleged to exist between contractor, or the subcontractor and these laborers and mechanics.A copy of the wage-determination decision mustbe kept posted the co~t!'actor at the site of the workin a prominent by place where caneasily be seenby the workers. it 2. Thecontractor may dischargeits obligation underthis clause to workersin any classification for whichthe wage-determination decisionconta!ns (a) Only a basic houdyrate of pay, by makingpayment not less than that at rate, exceptas otherwiseprovidedin the Copeland Regulations CFR (29 Part 3);
or

(b)

Botha basic hourly rate of payandfringe-benefit payments, payingin cash, by by irrevocably contributing to a fund, plan, or programfor, or by assuming an enforceable commitment bearthe cost of, bona to fide fdngebenefits contemplated by 40 U.S.C.276a,or by a combination these. of

3. Contributionsmade, costs assumed, other than a weeklybasis --but not less or on often than quarterly) are consideredas having beenconstructively made-fora weekly period. When fringe benefit is expressed a wage a in determination anymanner in other than as an hourly rate and the contractor pays a cash equivalent or provides an alternative fringe benefit, the contractormustfurnish informationwith the contractor's payrolls showing the contractor determined how that the cost incurred to make cash the payment to provide the alternative fringe benefit is equal to the cost of the or wage-determination fringe benefits. When contractorprovidesa fdngebenefit different the from that containedin the wage determination,the contractor mustshow the hourly how rate was arrived.at. In the eventof disagreement to an equivalent anyfringe benefit, as of the contractingofficer mustsubmitthe question,togetherwith the contractingcrff~cefs recommendation, Secretary Laborfor final determination. to the of
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SECTION H

4. If the contractor doesnot make payments a trustee or other third person,the to contractor mayconsider as payment wagesthe costs reasonably anticipated in of providingbonafide fringe benefits, but only with the approval the Secretary Labor of of pursuantto a written requestby the contractor. TheSecretary Labormay of require the contractorto set asideassetsin a separate account,to meet contractor's obligations the underany unfunded plan or program. 5. Thecontracting officer will require that any class of laborers so mechanics not listed in the wage-determination to be employed but underthe contractwill be classified in conformance the wage-determination report the action takento the Administrator with and of the Wage HourDivision, Employment and Standards Administration, U.S. Department of Labor,Washington, 20210-000t, approval.Thecontractingofficer will approve D.C. for an additionalclassificationand.wage and rate fringe benefitsthereforonly if(a) Thework to be performed the classification requested not performed by is by a classification in the wage-determination; (b The classificationis utilized in the areabythe construction industry;,and

(c) The proposed wage rate, including any bonafide fringe benefits, bears reasonable relationship to the~age rates contained the wage in determination. B. If the contractor, the labbrersor mechanics be employed the classification or to in their representatives, and the contracting officer do not agree on the proposed classification andwage rate andfringe benefits therefor, the contracting officer must submitthe question,tdgetherwith the viewsof the interestedparties andthe contracting officer's recommendation,the Wage HourAdministrator final determination. to and for The Administrator authorized or representative will, within 30 daysof receipt, approve, modify, or disapprove every proposedadditional classification action, or issue a final determination the parties disagree,andso advisethe contractingofficer or advisethat if additional time is necessary.The final approved wage rate (and fringe benefits if appropriate)mustbe paid to'all workers performing workin the classification underthe contractfromthe first dayworkis performed the classification. Thecontractor in will post a copyof the final determination the conformance of action with the wage-determination at the site of the work. (The Department Laborinformation collection andreporting of requirementscontainedin subparagraph aboveand in this subparagraph have. a.5 a.6 been approved by the Office of Management Budget under OMBcontrolnumber and 1215-0140.) Apprenticesand Trainees 1. Apprentices be permittedto workonly when registered, individually, under may (a) a bonafide apprenticeship programregistered with a State apprenticeship agency recognized the Bureau Apprenticeship by of andTraining, U.S. Department Labor,or, if of no suchrecognized agency exists in a State, undera program registeredwith the Bureau of Apprenticeship Training,or (b) if not individually registered the program, and in certified IQC-C Page 64 of 99 pages - ]_ ]-8 - September30,1995

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by the Bureau Apprenticeship.andTraining or State agency appropriate) to of (as eligible for probationaryemployment an apprentice. Trainees maybe permitted to as work only /f individually registered in a programappt~oved the Employment by and TrainingAdministration,U.S. Department Labor. of 2. The ratio of apprentices to journeymen trainees to journeymen any craft or in classification must be greaterthanthat permitted the contractor'sentire workforce not for underthe registeredapprenticeship trainee program. or Apprentices trainees mustbe and paid at least the applicable wage rates andfringe benefits specifiedin the approved apprenticeship trainee program the particular apprentice'sor trainee's level of or for progress, expressed a percentageof the journeyman as hourly rate specified in the applicablewage-determination. the apprenticeship trainee program If or doesnot specify fringe benefits, apprentices traineesmustbe paid in the full amount fringe benefits or of listed on the wage-determination the applicableclassification unlessthe Administrator for of Wage HourDivision determines and that a different practice prevails. Anyemployee listed on a payroll at an apprentice traineewage or rate but not registered,or performing workon the job site in excess the ratio permitted of underthe registeredprogram, mustbe paid the wage rate on the wage-determination the classification of work actually for performed.

3. If the Bureau Apprenticeship Training or State agency of and recognizedby the Bureau(as appropriate) withdrawsapproval of an apprenticeship program,or if the Employment Training Administration withdrawsapproval of a trainee program,the and contractor will no longerbe permitted utilize apprentices trainees(as appropriate) to or less than the applicable predetermined for the workperformed rate until an acceptable program approved. is (See29 CFR 5.16 for spedalprovisionsthat apply to training plans approved recognized the Department Laborprior to August 1975.) or by of 20, 4. Theutilization of apprentices,trainees, andjourneymen be in conformity must with the equal employment opportunity requirements ExecutiveOrder 11246,as amended, of and29 CFR Part 30. c. Overtime Compensation 1. Thecontractor maynot require or permit any laborer or mechanic employed any on workunderthis contract to work more than 40 hours in any workweek worksubject to on the provisions of the C6ntractWork Hours SafetyStandards (40 U.S.C.327-333), and Act unless the laborer or mechanicreceives compensationat a rate not less than one-and-one-half times the laborer's or mechanic's basic rate of pay for all suchhours worked excess 40 hours. in of 2. For violations of subparagraph above,the contractor is liable for liquidated c.I damages, which will be computed eachlaborer or mechanic $10for eachday on for at whichthe employee required or permitted to work in violation of subparagraph was c.I

ebove.

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3. The contracting officer may withhold from the contractor sums as may administrativelybe determined necessary satisfy anyliabilities of the contractorfor to unpaidwages liquidated damages and pursuantto subparagraph 2 above. c. d. Payroll andOther Records 1. For all laborers andmechanics employed the workcoveredby this clause, the in contractor mustmaintain payrolls andrelated basic records and preservethemfor a period of three years after contract completion. Therecords mustcontain the name, address, and social security numberof each employee, the employee's correct classification, rate of pay(includingratesof contributions or costsassumed provide, for, to fringe benefits), the daily and weeklynumber hours worked,.deductions made, of and actual wages paid. Whenever contractor hasobtainedapprovalfrom the Secretaryof the Laborto assume commitment bearthe cost of fringe benefits undersubparagraph a to a.4 above,the contractor mustmaintain records showing commitment its approval, the and communication the plan or program'to the employees of affected, and the costs anticipated or incurred underthe plan or program. Contractors employing apprentices or trainees underapproved programs mustmaintainwritten evidence the registration of of apprenticeship programs certification of trainee programs, registration of the and the apprenticesandtrainees, and the ratios and wage rates prescribedin the applicable programs. ..~ 2. Thecontractor musts~lb~it weekly, for eachweekin whichany work coveredby this clause performed, copyof all payrollsto the contracting is a officer. Thecontractor is responsible the submission copiesof payrolls of all subcontractors. copymust for of The be accompanied a statement by signedby the contractor indicating that the payrolls are correct and complete,that the wage rates containedin themare not less than those determined the Secretaryof Labor, andthat the classifications set forth for each by laborer or mechanicconform with the work the laborer or mechanicperformed. Submission the Weekly of Statement Compliance of (see 29 CFR 5.5(a)(3)(ii)) underthis agreement satisfies this requirement. requiredby this clause,the contractor As mustsubmita copyof any approvalby the Secretaryof Labor. (TheDepartment Labor of information collection andreporting requirements this subparagraph havebeen in d.2 approved by the Office of Management and Budget under OMB control numbers 1215-01493 3. The contractor's records required under this clause must be available for inspectionby authorized representatives the contractingofficer andthe Department of of labor, andthe contractor mustpermit the representativeto interview employees during workinghours on thejob. 4. Thecontractor must complywith the Copeland Regulationsof the Secretary of Labor(29 CFR 3), whichare hereby Part incorporated this contractby reference. in e. Withholding Funds. contractingofficer may of The withholdfromthe contractorunderthis or anyother contract with the contractorso much the accrued of payments advances is or as Ic~C-C Page 66 of 99 pages -

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considerednecessary pay all laborers andmechanic~ full amount wages to the of required by this contract or anyother contract subjectto the Davis-Bacon prevailing wage requirements that is held bythe contractor. f. Subcontracts 1. If the contractor or any subcontractor falls to pay any laborer or mechanic employed the site of the work any of the wagesrequired by the contract, the on contractingofficer may, after written noticeto the contractor,suspend further payments or advances the contractoruntil violations haveceased. to 2. Thecontractor agreesto insert this clause, including this paragraph in all f, subcontracts hereunder. term"contractor," as usedin this clausein anysubcontract, The is deemed refer to the lower-tier subcontractor. to g. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon andrelated acts contained 29 CFR Act in Parts 1, 3, and5 are hereby incorporated reference this contract. by in h. Certificationof Eligibility . ,:

1. Byenteringinto this contract,the contractorcertifies that neitherit nor anyperson or firm having interest in the contractor ineligible to beawarded an is contracts virtue of by section3(a) of the Davis-Bacon or 29 CFR ACt 5.12(a)(1). 2. Nopart of this contract will be subcontracted anyperson firm ineligible for to or contractaward virtue of section3(a) of the Davis-Bacon or 29 CFR by Act 5.12(a)(1). 3. Thepenalty for making false statements prescribedin the U.S. CriminalCode, is 18 U.S.C.1001. i. Contract Terminationand Debarment. breachof this Davis-Bacon clause maybe A Act groundsfor termination of the contract and debarment a contractor andsubcontractoras as providedin 29 CFR 5.12. j. Disputes ConcerningLabor Standards. Disputes arising out of the labor standards provisions of this contract are not subject to the Claimsand Disputesclause. Theywill be resolvedin accordance the procedures the Department Laborset forth in 29 CFR with of of Parts 5, 6, and7. Disputeswithin the meaning this clause include disputesbetween contractor of the (or any of its subcontractors)andthe Postal Service, the U.S. Department Labor, or the of employees their representatives. or

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H.32 CONTRACT WORK HOURSAND SAFETY STANDARDS ACT-SAFETY STANDARDS (Clause 10-7) (April 1989) a. To the extent that the workincludes co~nstp_,ction,alteration, repair, painting, ordecorating,the contractor maynot require anylaborer or mechanic workin surroundings to o~ underconditions that are unsanitary, hazardous, dangerous the laborer's or mechanic'sor to health or safety, as providedunderstandards promulgated the Secretary Laborunderthe by of authority of 40 U.S.C.333(see 29 C FR1910and1926). b. If the contractor fails to comply this clause,the PostalService,at its discretion, may with cancelthis contract, contract for the balance the workor term, andcharge the contractor of to anyadditionalcostsincurred. c. Thecontractoragrees insert this clause,includingthis paragraph in all subcontracts to c, andto requireits inclusion in all subcontracts anytier. Theterm"contractor,"as used this. at in clausein anysubcontract, deemed refer to the lower-tier subcontractor. is to H.33 EQUAL OPPORTUNITY (Clause 10-9) (October 1987) a. Thecontractor maynot discrimina~;eagainst employees applicants because race, or of color, religion, sex, or nationalorigiQ.: Th~ contractor will takeaffirmativeactionto ensure that applicants are employed, that employees treated during employment, and are without regard to race, color, religion, sex, or national origin. This action mustinclude, but not be limited to, employment, upgrading, demotion, transfer;, recruitmentor recruitmentadvertising; layoff or of termination;rates of payor other formsof compensation; selection for training, including and apprenticeship. contractoragrees post in conspicuous The to places, available to employees and applicants, noticesprovided the contracting by officer setting forth the provisions this clause. of b. Thecontractormust,in all solicitations or advertisements employees for placedby it or on its behalf, state that all qualified applicantswill be considered employment for withoutregardto race,color, religion, sex,or national origin. c. The contractor must send to each union or workers' representative with which the contractorhasa collective bargaining agreement other understanding,, notice, provided or a by the contracting officer, advising the union or workers' representative of the contractor's commitments under this clause, and mustpost copies of the notice in conspicuous places available to employees applicants. and d. The contractor mus{: complywith all provisions of Executive Order (EO) :11246 September 1965, as amended, of the rules, regulations, and relevant orders of the 24, and Secretaryof Labor. .. e. Thecontractormustfurnish all informationandreports requiredby the Executive Order, and by the rules, regulations, andorders of the Secretary, and mustpermit accessto the

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contractor's books,records,andaccounts the PostalServiceandthe Ser.4:etaryfor purposes by of investigationto ascertain compliance theserules, regulations,andorders. with f. If the contractor fails to comply this clause with anyof the saidrules, regulations, with or or orders, this contract maybe canceled,terminated, or suspended, wholeor in part; the in contractor may declaredineligible for further contracts in accordance be with the Executive Order, andother sanctionsmaybe imposed remedies and invokedunderthe ExecutiveOrder, or by rule, regulation,or orderof the Secretary, as otherwise or provided law. by g. Thecontractor mustinsert this clause, including this paragraph in all subcontracts g, or purchase ordersunderthis contract unlessexempted Secretary Laborrules, regulations, or by of orders issued underthe ExecutiveOrder.Thecontractor musttake suchaction with respectto any such subcontract or purchaseorder as the Postal Service maydirect as a means of enforcing the terms andconditions of this clause (including sanctions for noncompliance), provided, however, if the contractor that becomes involved or is threatened in, with, litigation as a result, the contractormay requestthe PostalServiceto enter into the litigation to protect the interestsof the PostalService. h. Disputesunderthis clausewill be governed the procedures 41 CFR by in 60-1.1.

H,34 AFFIRMATIVE ACTION COMPLIANCEREQUIREI~ENT8 FOR CONSTRUCTION (Clause10-10) (October1987j a. Definitions. 1. "Covered area" means geographical the area described the solicitation for this in contract. 2. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), United States Department Labor, or any person .to whom Director of the delegates authority. 3. "Employer identification number" means Federal Social Security number the used on the employer's quarterly Federaltax return, U.S. Treasury Department 941. Form 4. "Minority" means (a) American Indian or AlaskanNative (all personshavingorigins in any of original peoples NorthAmerica maintaining of and identifiable tribal affiliations through membership participation or community and identification); (b) AsianandPacific Islander (all persons havingorigins in any of the original peoplesof the Far East, Southeast Asia, the Indian Subcontinent, the Pacific or Islands); Black(all persons havingorigins in anyof the black African racial groups (c) not Hispanic of origin), and -

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(d) Hispanic (all personsof Mexican,Puerto Rican, Cuban, Central or South American, other Spanish or culture or odgin,regardless race). of b. If the contractor,or a subcontractor anytier, subcontracts portionof the workinvolving at a anyconstructiontrade, eachsuchsubcontract, excess $10,000 in of mustinclude this ciauseand the Noticecontaining goalsfor minodty female the and participation statedin the solicitation for this contract. c. If the contractor is participating in a Hometown (41 CFR Plan 60-4) approved the U.S. by Department Labor in a coveredarea, either individually or through an association, its of affirmative action obligationson all workin the plan area(includinggoals) must comply with the plan for thosetrades that haveunionsparticipating in the plan. Contractors mustbe able to demonstrate participation in, andcompliance with, the provisionsof the plan. Each contractorOr subcontractor participating In an approved plan is also requiredto comply with its obligations underthe EqualOpportunity clause, andto make good-faith effort to achieveeachgoal under a the plan in eachtrade in whichit has employees. overall good-faith performance other The by contractors or subcontractors toward a goal in an approvedplan does not excuse any contractor's subcontractor's or failure to make good-faith efforts to achieve plan's goals. the d. Thecontractormustimplement affirmative action procedures forth in paragraph the set g below.Thegoalsstatedin the solicitation,..:f'or this contractare expressed percentages the as of total hoursof employment trai0ing of minority andfemaleutilization that the contracto! and shouldreasonably able to achieve eachconstructiontrade in whichit hasemployees the be in in covered area. If thecontractor performs constructionworkin a geographical arealocatedoutside of the covered area, it mustapply the goals establishedfor the geographical areawherethat workis actually performed. contractor is expected make The to substantially uniformprogress toward goalsin eachcra& its e. Neitherthe termsandconditionsof anycollective bargaining agreement, the failure by nor a unionwith whichthe contractorhasa collective bargaining agreement, refer minorities or to women excuse contractor's obligations underthis clause, ExecutiveOrder(EO)11246, will the as amended, the regulationsunderthe Executive Or order. f. In order for the nonworking training hours of apprenticesandtrainees to be counted in meeting goals, apprentices trainees mustbe employed the the and by contractor during the training period, andthe contractor must havemade.a commitment to employ apprentices traineesat the completion their training, subjectto the availability the and of of employment opportunities. Traineesmustbe trained pursuantto training programs approved by the U.S. Department Labor. of g. - Thecontractor musttake affirmative action to ensureequalemployment opportunity. The evaluation the contractor'scompliance this clausewill be based of with upon effort to achieve its maximum results from its actions. The contractor must document these efforts fully and implement affirmativeactionstepsat least as extensive the following: as

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1. Ensure working a environment of harassment, free intimidation, andcoercionat all sites andin all facilities where contractor's employees assigned work. The the are to contractor, if possible, will assigntwo or more women eachconstructionproject. The to contractor must ensurethat foremen,supedntandents, other on-site supervisory and personnelare awareof and carry out the contractor's obligation to maintain such a working environment, specific attention to minority or femaleindividuals working with at these sitesor facilities. 2. Establishandmaintaina current list of sources minodty female for and recruitment. Providewritten notification to minority andfemalerecruitmentsourcesandcommunity organizations when contractoror its unionshaveemployment the opportunitiesavailable, andmaintaina recordof the organizations'responses. 3. Establish andmaintain a current file of the names, addresses,and telephone numbers eachminority endfemaleoff-the-street applicant, referrals of minorities or of femalesfrom unions, recruitment sources, or community organizations, and the action takenwith respect each to individual. If an individual was sent to tha unionhiring hall for. referral andwasnot referred backto the contractorby the unionor, if referred back,not employed the contractor, this fact mustbe documented the file, alongwith whatever by in additionalactionsthe contractor h.,avet~ken. may 4. Immediately notify the D!rector when unionor unionswith whichthe contractor the hasa collective bargaining agreement not referred backto the contractora minority have or woman by the contractor, or when contractor has other information thai the sent the unionreferral process impeded contractor'sefforts to maet obligations. has the its 5. Develop on-the-jobtraining opportunitiesand/orparticipate in training programs for the area that expresslyinclude minorities andwomen, including upgrading programs and apprenticeshipandtrainee programs relevant to. the contractor's employment needs, especially those programsfunded or approved by the Departmentof Labor. The contractor must provide notice of these programsto the sources complied under subparagraph above. 2

Disseminate contractor's equalemployment the policy by-

(a)

Providingnotice of the policy to unionsandto training,recruitment,andoutreach programs, requesting and their cooperation assisting the contractorin meeting in its contract obligations; Includingthe policy in-any policy manual in collective bargaining and agreements; Publicizing the policy in suchpublications as the company newspaper and (c) annualreport;

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Reviewing policy with all management the personneland with all minodty and femaleemployees least oncea year, and at Posting the policy on bulletin boardsaccessibleto employees eachlocation at where constructionworkis performed.

(e)

7. Review, least annually,the contractor's equalemployment at policy andaffirmative action obligationswith all employees havingresponsibility for hiring, assignment, layoff,termination,or other employment decisions.Conduct reviewof this policy with all on-site supervisory personnel beforeinitiating constructionworkat a job site. A written record mQst made maintained be and identifying the time andplace of these meetings,persons attending,subjectmatterdiscussed, dispositionof the subjectmatter. and 8. Disseminate contractor's equalemployment the policy extemallyby including it in anyadvertisingin the news media,specifically including minority andfemalenews media. Provide written notification to, anddiscuss this policy with, other contractors and subcontractors whichthe contractordoesor anticipatesdoingbusiness. with 9. Direct recruitment efforts, both oral andwritten, to minority, female,andcommunity organizations,to schoolswith minority andfemalestudents,andto minority andfemale recruitment andtraining organizations serving the contractor's rec2uitmentarea and employment needs. Not later th,a.n one monthbefore the date for acceptanceof applications for apprenticeshipdr training by any recruitment source, sendwritten notification to organizations such as the above,describing the openings,screening procedures, tests to be used the selection process. and in 10. Encourage present minority and femaleemployees recruit minority personsand to women. When feasible, provide after-school, summer,and vacation employment to minority andfemaleyouthboth on the site andin other areas of the contractor's work force. 11. Validate all tests andother selection requirements when required under41 CFR 60-3. 12. Conduct, least annually, an inventory andevaluation of all minority andfemale at personnel for promotional opportunities. Encourage these employees seek or to to prepare through for, appropriate training andotheractivities, opportunities promotion. for 13. Ensurethat seniority practices, job classifications, workassignments, other and personnel practices .do not havea discriminatory effect by continually monitoringall personnel employment-related and activities to ensure that the contractor's obligations under this contractare being carriedout. 14. Ensurethat all facilities and company activities are nonsegregated except that separateor single-user toilet andnecessary changing fadlities shall be providedto assurepdvacybetween sexes. the

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15. Maintain a record of solicitations for subcontracts for minority female and construction contractors suppliers,includingcirculation of solicitations to minorityand and female contractorassociations other business and associations. 16. Conduct a review, at least annually, of all supervisors adherenceto and performance under the contractor's equal employment policy and affirmative action obligations. h. Thecontractoris encouraged participate in voluntary associationsthat may to assist in fulfilling oneor more the affirmative action obligations continued paragraph above.The of in g efforts of a contractorassociation, joint contractor-union, contractor-community,similar group or of whichthe contractoris a member participant may asserted fulfilling oneor more and be as of its obligationsunderparagraph above,provided contractor g the 1. Activelyparticipatesin the group;

2. Makesevery effort to ensure that the group has a positive impact on the employment minorities andwomen the industry; of in 3. Ensures that concretebenefits of the program reflected in the contractor's are minorityandfemale workforce partio!.p.~ion; 4. Makes. good-faith a effort to meet individual goalsand its timetables; and

5. Canprovide access to documentation that demonstrates the effectiveness of actionstakenon behalf of the contractor.Theobligationto comply the contractor's,and is failure of sucha groul3to fulfill an obligationwill not be a defense the contractor's for noncompliance. A single goal for minorities anda separatesingle goal for women be established. must i. Thecontractoris requiredto provideequalemployment opportunityandto take affirmative action for all minority groups,both maleandfemale, andall women, minority andnon-minority. both Consequently, contractormay in violation of EO the be 11246, a particular groupis employed if in a substantiallydisparatemanner. j. Thecontractor may usegoals or affirmative action standards discriminate against not to anyperson because race,color, religion, sex, or nationalorigin. of k. Thecontractor may enter into anysubcontractwith any person firm debarred not or from Government contracts under EO11246. I. Thecontractormustcarry out suchsanctions penaltiesfor violation of this clauseand and of the EqualOpportunity clause, including suspension, termination,andcancellationof existing subcontracts, as may be imposed or ordered under EO 11246, as amended,and its implementing regulations, by the OFCCP. failure to carry out thesesanctionsandpenalties Any as ordered will be a violation of this clauseandEO 11246.

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m. Thecontractor in fulfilling its obligations underthis clause mustimplement affirmative action procedures least as extensiveas those prescribedin paragraph above,so as to at g achieve maximum results from its efforts to ensureequal employment opportunity. If the contractor fails to comply with the requirements EO of 11246, implementing the regulations, or this clause,the contracting officer will takeactionasprescribed 41 CFR in 60-4.8. n. Thecontractormust designate responsible a official to 1. Monitor all employment-related activity toensure that the contractor's equal employment policy is beingcarried out; 2. Submit reports as maybe required; and

3. Keeprecords that at least include for each employeethe name,address, telephone number, constructiontrade, unionaffiliation (if any), employee identification number, socia} security number, race, sex, status (mechanic, apprentice,trainee, helper, or laborer), datesof changes status, hoursworked week the indicatedtrade, rate in per in of pay, andlocations at whichthe workwasperformed. Records mustbe maintained an in easily understandable retrievable form; however, the degree and to that existing records satisfy this requirement, separate recordsare not requiredto be maintained. o. Nothing contained this clausema~ construed a limitation upon application of in be as the other tawsthat establishdifferent standards compliance upon requirements the hiring of or the for of local or other area residents (for example, thoseunderthe Public Works Employment of Act 1977andthe Community Development Block Grant Program). H.35 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (Clause10-15) (October 1987) a. The contractor maynot discriminate against any employee applicant becauseof or physical or mentalhandicap,in regard to any position for whichthe employee applicant is or qualified. Thecontractor agrees take affirmative action to employ,advance employment, to in andotherwisetreat qualified-handicapped individuals without discrimination in a~l employment practices, suchas employment, upgrading, demotion transfer, recruitment,advertising, layoff or or termination,rates of payor other formsof compensation, selectionfor training (including and apprenticeship). b. Thecontractor agreesto comply with the rules, regulations, andrelevant orders of the Secretary Laborissuedpursuant the RehabilitationAct of 1973,as amended. of to c. In the eventof the contractor's noncompliance this clause, action may taken in with be accordance the rules andregulationsandrelevantordersof the Secretary Labor. with of d. The contractor agrees to post in conspicuousplaces, available to employees and applicants, notices in a form to be prescribedby the Director, Office of FederalContract Compliance Programs, providedby or throughthe contracting officer. These notices state the contractor's obligation under the law to take affirmative action to employ and advance in
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employment quailed handicapped employees applicants, and the dghts of applicants and and employees. ¯ e. Thecontractor mustnotify eachunion or workers' representative with whichit has a collective bargaining agreement other understand