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18 <br /> lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier <br /> subcontractor with all of these contract clauses. <br /> Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a <br /> Contractor and subcontractor as provided in 29 CFR§ 5.12. <br /> Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708) <br /> Where applicable,all contracts awarded in excess of$100,000 that involve the employment of mechanics or laborers <br /> must be in compliance with 40 U.S.C. 3702 and 3704,as supplemented by Department of Labor regulations(29 CFR <br /> Part 5). <br /> 1. Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may <br /> require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in <br /> any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless <br /> such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for <br /> all hours worked in excess of forty hours in such workweek. <br /> 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in <br /> paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid <br /> wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done <br /> under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. <br /> Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen <br /> and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each <br /> calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty <br /> hours without payment of the overtime wages required by the clause set forth in paragraph(1)of this section. <br /> 3. Withholding four unpaid wages and liquidated damages. The Owner shall upon its own action or upon written request <br /> of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys <br /> payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal <br /> contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours <br /> and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be <br /> necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as <br /> provided in the clause set forth in paragraph(2)of this section. <br /> 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) <br /> through (4) of this section and also a clause requiring the subcontracts to include these clauses in any lower tier <br /> subcontracts. The prime Contractor shall be responsible for compliance by any sub-contractors or lower tier <br /> subcontractor with the clauses set forth in paragraphs (1)through(4)of this section." <br /> Rights to Inventions Made Under a Contract or Agreement <br /> If the FEMA award meets the definition of"funding agreement'under 37 CFR§ 401.2(a) and the recipient or sub- <br /> recipient wishes to enter into a contract with a small business or nonprofit organization regarding the substitution of <br /> parties,assignment or performance of experimental,developmental, or research work under that"funding agreement," <br /> the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by <br /> Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts, and Cooperative <br /> Agreements,"and any implementing regulations issued by FEMA. <br /> Byrd Anti-Lobbying Amendment,31 USC 1352 (as amended) <br /> Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to <br /> the tier above that it will not and has not used federal appropriated funds to pay any person or organization for <br /> influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee <br /> of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any <br /> -9- <br />