The Contractor shall furnish to the FHA written evidence of the required registration of his program and apprentices and those of subcontractors, the approved ratios of apprentices to journeymen, and the approved apprentice wage rates for the area of construction, prior to the use of the apprentices on the contract work. D. (1) The Contractor, his subcontractors and any lower tier subcontractors shall insert conditions A through E hereof in any subcontracts into which they may enter. The Contractor shall not thereby be relieved of responsibility for compliance with the aforesaid conditions. (2) The Contractor will be required to execute FHA Form No. 2403-A, Contractor's Prevailing Wage Certificate, as a condition precedent to insurance by the Federal Housing Administration of that certain mortgage loan, or an advance thereof, made or to be made by the mortgagee in connection with the construction of the project. E. (1) In the event of failure of the Contractor or any subcontractor to comply with the foregoing conditions, the owner may withhold from the Contractor any payment or advances payable to the Contractor until the Contractor establishes, to the satisfaction of the Federal Housing Commissioner, that the violations of the aforesaid conditions no longer exist. (2) A breach of the foregoing conditions may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6 and 24 CFR 200.190-200.195. ARTICLE 2 - EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Federal Housing Commissioner and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. G. The Contractor will include the portion of the sentence immediately preceding paragraph A and the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regula tions, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Federal Housing Commissioner may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Federal Housing Commissioner, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (a) The Labor Standards provisions of the Supplementary conditions of the Contract for Construction are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; (c) He is aware that he will require to execute FHA Form No. 2403-A, Contractor's Prevailing Wage Certificate, as a condition precedent to insurance by the Federal Housing Administration of that certain mortgage loan or an advance thereof, made or to be made by the mortgagee in connection with the construction of the project. 2. He certifies that: (a) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6 (b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)), or by the Federal Housing Commissioner pursuant to Section 512 of the National Housing Act, as amended. (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the Federal Housing Administration within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certifi cation Concerning Labor Standards and Prevailing Wage Requirements, FHA Form No. 2482-A, executed by the sub contractor. 4. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A single proprietorship (2) A partnership (3) A corporation organized in the State of (4) Other organization (describe) (c) The name, title and address of the owner, partners or officiers of the undersigned are: Name Title Address (d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest are (if none, so state): Name Address Nature of Interest (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are (if none, so state): U. S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of. . . . . . influencing in any way the action of such Administration.....makes, passes, utters or publishes any statement, knowing the same to be false...... shall be fined not more than $5,000 or imprisoned not more than two years, or both." (a) The Labor Standards Provisions of the Supplementary Conditions Of The Contract For Construction are included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 US.C. 276a-2(a)), or by the Assistant Secretary-Commissioner pursuant to Section 512 of the National Housing Act, as amended. (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory pro visions. 2. He agrees to obtain and forward to the contractor, for transmittal to the Federal Housing Administration, within ten days after the execution of any lower tier subcontract, a Subcontractor's Certification Conceming Labor Standards and Prevailing Wage Requirements, FHA Form No. 2482-A, executed by the lower tier subcontractor, in duplicate. |