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<br />(it) subcontracts or purchase orders for public utility services at rates
<br />established for uniform applicability to the general pUblic.
<br />(d) 11Ie periods of acce9S and examination describeod in (bl and tcl above
<br />for records which relate to (1) appeals under the "Disputes" clause of this
<br />contract, (ill litigatiOn or the settle_ent of claims arising out of the
<br />performance of this contract, or (1 H) costs and e.penses of this contract as
<br />to which e.ception has ooen taken by the COmptroller General or any of his
<br />duly authorized representatives, shall continue until such appeals,
<br />litigation, claims Or exceptions have been disposed of. (OAR 1-104.15)
<br />
<br />(2) The Contractor will, in all solicitations or advertisements for
<br />employees placed b.y or on behalf of the Contractor, state that all qualified
<br />applicants will receive consideration for employment without regard to race,
<br />color, religion, sex, or national origin.
<br />(3) The Contractor will send to each labor union or representative of
<br />workers with which he has a collective bargaining agreement or other contract
<br />or understanding a notice to be provided by the agency Contracting Officer,
<br />advisinq the labor union Ot workers' representative of the contractor's
<br />cOl1llllitments under this Equal Opportunity clause and shall post copies of the
<br />notice in conspicuous places available to empioyees and applicants fOr
<br />employment.
<br />(4) The Contractor will cOlllply with all provisions of E:lI;ecufive Order No.
<br />112-46 of September 24, 1965, as amended by Executive Order No. l1375 of
<br />October 13, 1961, and of the rules, re9ulations, and relevant orders of the
<br />Secretary of Labor.
<br />(5) The Contractor will furnish all information and reports required by
<br />Executive Order No. 11246 of September 24, 1965, as amemJed by Executive Order
<br />No. 11315 of October 1], 1961, and by the [ules, regulations, and orders of
<br />the Secretary of Labor or pursuant thereto, and will permit access to his
<br />books, records, and accounts by the contracting agency and the Secretary of
<br />Labor for purposes of investiqation to ascertain compliance with sur~ rules,
<br />regulations and orders.
<br />(6) In the event of the COntractor's noncompliance with the Equal
<br />Opportunity clause of this contract or with any of the said rules,
<br />regulations, or orders, this co~tract .ay be canceled, terminated or suspended
<br />in whole or in pad, and the Contractor lIlay be declared ineliqible for further
<br />Government contracts in accordance with procedures authorized in Executive
<br />Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375
<br />of October 13, 1961, and such other sanctions may be imposed and remedies
<br />invoked as provided in Executive Order No. 11246 of September 24, 1965, as
<br />amended by Executive Order No. 11315 of October 1], 1961, or by rule,
<br />regulation, or order of the Secretary of Labor, or as otherwise provided by
<br />law.
<br />(1) The COntractor will include the provisions of paragraphs (1) through
<br />(1) in every subcontract or purchase order unles8 exempted by rules,
<br />regulations, or orders of the Secretary of Labor issued pursuant to Section
<br />204 of Executive Order No. 11246 of September 24, 1965, as amended by
<br />Executive Order No. 11315 of October 13, 1961, so that such provisions wolll be
<br />binding upon each 8ubcontractc.r or vendor. The Contractor wlll take such
<br />action with respect to any subcontract or purchase order as the contractill9
<br />agency may direct as a means of enfoccing such provisions including sanctions
<br />for noncompliancel Provided, however, that in the event the Contractor
<br />becomes involved in, or is thre~tened with, litigation with a subcontractor or
<br />vendor as a cesult of such direction by the contracting agency, the Contractor
<br />may request the United States to enter into such litigation to protect the
<br />interests of the United States. (DAIl 1-103.18(al)
<br />
<br />23. BUY AMERICAN ACT (1966 OCT)
<br />(a) hlreement. In accordance with the Buy American Act (41 U.S.C.
<br />lOa-IOd), the COntractor agrees that only dOlllestic construction material will
<br />be used (by the Contractor, subcontractor9, materiallllen, and suppliers) in the
<br />perfoClllance of this contract, except for nondOJllestic construction Illaterial
<br />listed in the "NondOJllestic Construction Materials" clause, if any, of this
<br />contract.
<br />(b) Domestic construction material. .Construction material" means any
<br />article. material, or supply brou9ht to the construction site fOr
<br />incorporation in the building or work. An unmanufactured construction
<br />Material is a "domestic construction material" if it has been 1II1ned Oc
<br />produced in the United States. A manufactured construction material is a
<br />"doaestic construction material- if it has been lIanufactuced in the United
<br />States and if the cost of its cWllponents which have been mined, produced, or
<br />aanufactured in the United States exceeds 50 peccent of the cost of all its
<br />components. "Component- means any article, material, or supply directly
<br />incorporated in a construction material.
<br />Ic) Domestic cOlllponent. A component shall be considered to have been
<br />"mined, produced, oc manufactured in the United States- (regardless of its
<br />source in fact) if the article. .aterial, or supply in which it is
<br />Incorporated was manufactured in the United States and the component Is of a
<br />class or kind determined by the Government to be not lIined, produced, or
<br />aanufactured in the United States in sufficient and reasonably available
<br />coaaercial quantities and of a satisfactory quality. (OAR 1-602.20)
<br />
<br />24. EQUAL OPpORTUNITY (1918 SEPI
<br />(If, during any twelve (12) month period (1ncludinq the 12 months
<br />preceding the award of this contract). the Contractor has been or is Awarded
<br />Federal contracts and/or subcontracts which have an aggregate value In excess
<br />of S10,000, the Contractor shall COIIIply with (1) through 11) below. Upon
<br />request, the COntractor shall provide information necessary to deterlllne the
<br />applicability of this clause.)
<br />Durinq the performance of this contract, the Conte actor aqrees as follows1
<br />(1) The Contractor will not discriminate against any employee or
<br />applicant for el'llployment because of race, color, religion, sex, or national
<br />origin. The Contractor will take affirmative action to ensure that applicants
<br />are empioyed, and that employees are treated during employment, wlthout regard
<br />to their race, color, reli<:jion, sex, or national origin. Such action shall
<br />include but not be limited to the followingl EmploYllent, upqrading, demotion,
<br />oc transfer, recruitment or recruitment advectising1 layoff or termination,
<br />rates of payor other forms of compensation I and selection for training,
<br />including apprenticeship. The Contractoc agrees to post in conspicuous
<br />piaces, available to employees and applicants for employment, notices to be
<br />provided by the COntracting Officer setting forth the provisions of this Equal
<br />Opportunity clause.
<br />
<br />25. COVENANT AGAINST CONTINGENT FEES (1958 JAN)
<br />The Contractor warrants that no person or selling agency has been employed
<br />or retained to solicit or secure this contract Ilpon an agreement or
<br />understanding for a commission, percentage, brokerage, or contingent fee,
<br />excepting bona fide employees or bona fide established commercial or selling
<br />agencies maintained by the COntractor for the purpose of securinq business.
<br />For breach or violation of thi.s warranty the Government shall have the right
<br />to annul this contract without liability or 1n its discretion, to deduct frOm
<br />
<br />(1 May 8])
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<br />(Const. Gen. Prov.)
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<br />(1 Hay 83) 16
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<br />(Canst. Gen. Prov.)
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