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- 9 - <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 /> <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 /> <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 for 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 /> <br />Rights to Inventions Made Under a Contract or Agreement <br /> <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 /> <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 />18