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COntractor~ take such further par-ents or 7-602.23(01) (vi)) action as lIay be necessary to calise suspension advances until such violations have ceased. of any (OAR representative of the Contractor, to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making C'f any determinations with respect to the perforllling of such contractJ provided, that the e.istence of the facts upon which the Secretary or his duly authorized representative makes such findings shall be in issue and lIlay be reviewed in any competent Court. (b) In the event this contract is terminated as provided in paragraph (a) hereof, the GoverRlllent sllall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor, and (ll) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary or his duly authorized representative) which shall be not leas than three nor IIIOre than ten times the costs incurred by the Contractor in providing any such gratuities to any such officer or employee. ecl The rights and re_dies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under ttlls contract. (OAR 7-104.16) 36. SUBCONTRACTS (1912 PP>>) (If this contract is with a Stat.e or political subdivision thereof. the Contractor a9rees to COIDply with the requirements of the Contract Wock Hours Standal:ds Act and to insert this clause in all subcontracts hereunder with private persons or firms) Tile Contractor 49rees to insert the clauses hereof entitled "Davis-Bacon kt~. .Contract Work Hours and safety Standards Act-OVertime CORlpensation,. .Apprentices and Tra inees.. .Payrolls and Basic Records, '" .Compliance with Copeland Ri!!gulations,. "Withholdinq of Funds~. -Subcontracts,- and .Contract TeCldnation-Debarlllent. in all subcontracts. The terPl .Contractor" as used in such clauses in any subcontract shall be deellled to refer to the subcOntractor except in the phrase -Governaent pri_ Contnctor.'" (OAR 7-602.23(a) (vii)) 37. CONTRACT TERMINATION - DEBARMENT (1972 APR) (If this contract is with a State or political subdivision thereof~ the COntractor agrees to comply with the requirements of the Contract Work Hours Standards I\ct and to insert this clause in all subcontract.s hereunder with private pel:sons or firms) ^ breach of the clauaes hereof entitled '"D!lvis-Bacon Act,. Contract Mork Hours and Safety Standards Act-OVertime Compensation,'" .Apprentices and Trainees,- "Payrolls and Basic Records,'" .Compliance with Copeland lle9ulat1ons~. "Withholding of Funds~. and .Subcontracts. ..."y be grounds for terlllination of the contract, and for debarment as provided in 29 crR 5.6. (DAR 7-602.21(a) (vUl) ) and the make (DAR 41. SUBCONTRACTING PLAN FOR SHALL BUSINESS AND SMALL DISADVANTAGED BUSINESS COOCERNS (FORMALLY ADVERTISED) 11982 JUN) (The following clause is applicable if this subcontracting pOSsibilities, (2) is expected to $l.OOO~OOO in the case of construction of any public required to include the clause in DAR 7-104.14(01)) (a) This provision does not apply to small business concerns. (b) The apparent low bidder, upon request by the Contracting Officer, 8hall subGit a subcontracting" plan which addresses separately subcontracting with small business concerns and small disadvantaged business concerns, and which shall be included in and Made a material part of the resultant contract. The subcontracting plan shall be sublaitted within the time speCified by the COntractlnq Officer. Failure to submit the Subcontracting plan shall lIlake the bidder ineligible for award of a contract. As a lIiniDlum~ the SUbcontracting plan shall include - (1) Separate percentage goals (eapressed in terms of percentage of total planned subcontracting dollars) for the utilization as subcontractors of slllall business concerns aJ'ld slllall business concerns owned and controlled by socially and econollically disadvantaqed individuals. For the purposes of the subcontracting plan~ the Oontra,tor shall include all subcontracts to be awarded for the specific purpose of performing this contract and may include a proportionate share of supplies and services whose costs are nonllally allocated as Ind irect or overhead costs when reasonably determined to be attributable to this contract. . a. A statelllent of: subcontracted, (11) total dollars businessJ and (iii) total dollars disadvantaged business. b. A description of the principal supply and service an~as to be subcontracted and an identification of those areas whel:e it is planned to use (i) small business subcontractors, and (ii) small disadvantaged business subcontractor s. contract (1) offers exceed $500,000, or facility, and (31 is 38. DISPUTES CONCERNING LABOR STANDARDS (1977 DEC) (It this contract is with a State or political subdivision thereof~ the Contractor agrees to comply with the requirements ot the COntract Work Hours Standards Act and to insert this clause in all subcontracts hereunder with private persons or firms) Disputes arising out of the labor standards provisions of this contract shall be subject to the Disputes clause except to the extent such disputes involve the meaning of classificatiOns or wage rates contained in the wage deteraination decision of the Secretary of Labor or the applicability of the labor provisions of this contract which questions shall be referred to the Secretary of Labor in accordance with the procedures of the Department of Labor. (OAR 7-602.2J(iI) (ix)) 39. CONTRACTOR INSPEX:TION SYSTEH (1964 HOV) The Contractor soall (i) .aintain an adequate inspection system perfor.. such inspections as will assure that the wark performed under contract confouls to contract require_nts~ and (ii) .aintain and available to the Government adequate records of such inspections. 7-602.10(01) ) (1) total planned to planned to dollars planned be subcontracted be subcontracted to to to be slRall s.all 40. GRATUITIES (1952 MAR) (a) The Government .ay~ by written notice to the Contca.ctor, the right of the Contractor to prOC'eed under this contract if it after notice and hea.ring, by the Secretary or his duly representative. that gratuities (in the form of entertainment~ othelwise) were offered or 9iven by the Contractor, or any ter.inate is found~ authorized gifts, or agent or c, subcontracting concerns. A statellent of goals for small the _ethod business and used in developing small disadvantaqed proposed business d. If the offeror includes indirect and overhead costs as an ele_ent in establlshin9 thtt goals in the subcontracting p.1an~ the aethod used (l Hay 83) 2' (Const. Gen. Prov.) (l May aJI 24 (Const. Gen. Pl:ov.) . ... . " . .