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<br />19. BUY AMERICAN
<br />(8) Agreement. In accordance with the Buy American
<br />Act (41 U.S.C. lOa-lOd)' and Executive Order 10582, De-
<br />cember 17. 1954 (3 CFR SUp}l.), the Contractor agrees that
<br />only domestic construction material will be used (by the Con-
<br />tractor. Bubcontr8ctor~, mllterlalmf'n, and suppliers) in the
<br />performance of this contract. except for nondomestlc ma-
<br />terIal listed In the contract.
<br />(b) Domestic construction material. "Construction mate-
<br />rial" meaDS any article, m8h~rial, or supply.brought to the
<br />construction site for Incorporation tn the buildIng or work.
<br />An unlDsnufactured construction material is 8 "domestic con.
<br />structlon material" \t It has been mined or produced In the
<br />UnIted States. A manufactured construction material Is a
<br />"domestic construction materinl" if it has be-en manufactured
<br />tn the United Htatl?s and If the cost of its components which
<br />ha,'e been mined, produced, or' manufacturl?d In the United
<br />States ex~s 50 percent. of the cost or all its components.
<br />"Component" means any article, materIal, or supply directly
<br />Incorporntl?d tn a construction material.
<br />(c) Domestic component. A component shall be consid-
<br />ered tn ha"e bel;'n "mined. produced, or mannfactured tn the
<br />Untwd States" (regardlef'.s of Its source In rRet) If tbe
<br />article, material, or Ruppl;}' In which It Is Incorporated was
<br />manufactured In the United Srates nnd the component is of a
<br />class or kind determined bv the GO"ernment to be not
<br />mined, produced. or mnnula~tured in tbe United States in
<br />sufflcil?nt nnd reRsonablr a\'nilabll? commercial quantities
<br />and of a satisfactory quallty.
<br />
<br />20. CONVICT LABOR
<br />In connection with the performance of work under tbls
<br />contract, the Contractor agrees not to employ any person
<br />undergoing sentence of lmprlsonmpnt at bard labor.
<br />
<br />21. EQUAL OPPORTUNITY CUUSI'::
<br />(The following clause Is applicable unless this contract Is
<br />exempt under the rules and regulations of the President's
<br />Committee on Equal EIDl'loyment Opportunity (41 CFR,
<br />Chaptt~r 60). J<:xemptlons include contracts Rnd ~nbcontracts
<br />(I) not e'Xcee-ding $10,000, (ii) not exceeding $100,000 tor
<br />standard eommercial supplie:; or ra.w materials, and (111)
<br />under which work is perform ell outside the United States and
<br />no ret~rultment of workers within the United States Is
<br />involved. )
<br />During the performance ot this contract, the Contractor
<br />agrees as follows:
<br />(8) The Contractor will not discriminate against any em-
<br />ployee or applicant for employment because of race, creed,
<br />color. elr national origin. Thf~ Contractor will take affirma-
<br />tive ac-tlon to emmre that applicants are employed, and that
<br />emplo;ree!J are treated during employment, without regard to
<br />their race. crero, color, or naHonal origin. Such action shall
<br />includt', but not be limited to, the following: employment. up-
<br />grading, dE-motion or tramlfer: recru1tment or re('roitment
<br />advertising; Jayotl' or termination: rates of payor other
<br />forms of compem..ation; Rnd selection for training. including
<br />apprenticeship. The Contractor agrees to post In conspicu-
<br />ous places, a\'allable to employees and appllcnnts for employ-
<br />ment, notices to be providE'd by the Contracting OfticeT setting
<br />forth the provisions. of thl!i nondis<,rlmination clouse.
<br />(b) The Contractor will, in all solicitations or .odvertise-
<br />ments for employees placed by or on behalf of the Contractor,
<br />Rtate that all quallned applicants will receive consideration
<br />for employment wlthout regard to race, creed, color, or
<br />national orIgin.
<br />
<br />(c) The Contractor will send to each labor union or repre-
<br />sentative of workerH with which he has a collective bargain-
<br />Ing agreement or otber contract or understanding, a notice.
<br />to be provided by the agency Contracting Oftlcer, advIsing
<br />the said labor union or workers' representative of the Con.
<br />tractor's commItments under this nondiscrimination clause,
<br />and shall post copies of the notice in conspicuous places
<br />available to employees and applicantB for employment.
<br />(d) The Contractor will comply with all provIsions of Ex-
<br />ecutive Order No. 10025 of March 6, 1961, as amended, and of
<br />the rules, regulatioJis, and relevant orders of the PresIdent's
<br />Committee on' EClual Employment OpportunIty created
<br />tbereby. .
<br />(e) The Contractor will furnish alllnformat1on and reports
<br />required by Executive Order No. 10925 of March 6, 1961, 8S
<br />amended, nnd lJy the rules, regulations, and orders of the said
<br />Committee, or pursuant tbereto, and will permit access to
<br />his books. Tecord~, and a~ounts by the contracting agency
<br />and the Committe-e tor purposes of InvestlgatioD to ascertaIn
<br />compliance wIth such rules, regulat100S, and orders.
<br />(f) In the event of tbe Contractor's noncompliance with the
<br />nondiscrimination clause of this contract or with any of the
<br />salll rules, regulations. or orders, tbis contract may be C8D-
<br />ceh'd, terminatl'd. or suspended in whole or In part and the
<br />Contractor JUay be declared inl~llgible for further Government
<br />contracts in accordance with procedures authorized. In Exec-
<br />uth'e Order No. 1002,1) of March 6, 1961, as amended, aod
<br />~m('h other S8.IlCt\OlUl. may 00 imposed, and remedIes Invoked
<br />as provided in the said ExecutlvE~ order or by role, regula-
<br />tion. or order of the President's Committee on Equal Employ-
<br />ment Opportunity, or as otherwise provIded by law.
<br />(g) The Contrllctor will Include the provisions of para-
<br />graph~ (a) through (g) in every subcontract or pureha.se
<br />order unless exempted by rules, regulations, or orders of the
<br />President's Committee 011 Equal Employment Opportunity
<br />i:;suro pursuant to section 303 of Executive Order No. 10925
<br />of March 6, 1961, as amended, so that such provll'llons wUI
<br />be binding upon enl:b subcontractor or vendor. .The Con-
<br />tractor will take such action with respect to any subcontract
<br />or purchaFle order M the contracting agency may direct as a
<br />menns of enforcing such provisions, including sanctions
<br />for noncompliance: Provided, however, that 10 the event the
<br />Contractor becomes invoh'ed in, or is threatened wltb, litlga-
<br />tioll with a subcontractor or vendor 8S a result of such dlr~
<br />tlon by the contracting agency, the Contractor may request
<br />the United States to enter Into such litigation to protect
<br />tbe Interests of t.he Cnlted States.
<br />.Unle!! othe.rwi86 provided, the Equal Opportutlitll Ola.u,e
<br />is not required to be in,erted in !ubcontractl below tlfJ
<br />secrmd tier ezcept for !Ilbcontract! involving the performance
<br />of 'construction work' at the '!ite of COt'llfruction.' (a! tho.e
<br />term! are defined in the Committee', rule! and regulatioft.l)
<br />in which case the clau!e mud be in,erted ~n all .uch !ub-
<br />C(J7l2ract,. Subcontracts mall incorporate bll reference the
<br />Equal Opportunitll ClaU!6.
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<br />22. UTILIZATIO:"i OF SMALL BUSINESS CONCJ:RNB
<br />
<br />(a) It Is the policy of the Government a8 declared by
<br />the Congress that a fair proportion ot the pu'rchaaea and
<br />contracts for supplies and services for the Government
<br />be placed with small business concerns.
<br />
<br />(b) The Contractor agrees to accomplish the ma:J:lmum
<br />amount of subcontracting to small business concerns that
<br />tbe Contractor tlndR to be ~on8\8tent with the efticlent per-
<br />formance of tbls contract.
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