a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
<br />advertising; layoff or termination; rates of pay or other forms of compensation; and
<br />selection for training, including apprenticeship. The contractor agrees to post in
<br />conspicuous places, available to employees and applicants for employment, notices
<br />to be provided setting forth the provisions of this nondiscrimination clause.
<br />2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf
<br />of the contractor, state that all qualified applicants will receive considerations for employment
<br />without regard to race, color, religion, sex, sexual orientation, gender identity, or national
<br />origin.
<br />3. The contractor will not discharge or in any other manner discriminate against any employee
<br />or applicant for employment because such employee or applicant has inquired about,
<br />discussed, or disclosed the compensation of the employee or applicant or another employee
<br />or applicant. This provision shall not apply to instances in which an employee who has access
<br />to the compensation information of other employees or applicants as a part of such
<br />employee's essential job functions discloses the compensation of such other employees or
<br />applicants to individuals who do not otherwise have access to such information, unless such
<br />disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
<br />proceeding, hearing, or action, including an investigation conducted by the employer, or is
<br />consistent with the contractor's legal duty to furnish information.
<br />4. The contractor will send to each labor union or representative of workers with which he has
<br />a collective bargaining agreement or other contract or understanding, a notice to be provided
<br />advising the said labor union or workers' representatives of the contractor's commitments
<br />under this section, and shall post copies of the notice in conspicuous places available to
<br />employees and applicants for employment.
<br />5. The contractor will comply with all provisions of Executive Order 11246 of September 24,
<br />1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
<br />6. The contractor will furnish all information and reports required by Executive Order 11246 of
<br />September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
<br />pursuant thereto, and will permit access to his books, records, and accounts by the
<br />administering agency and the Secretary of Labor for purposes of investigation to ascertain
<br />compliance with such rules, regulations, and orders.
<br />7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this
<br />Agreement or with any of the said rules, regulations, or orders, this Agreement may be
<br />canceled, terminated, or suspended in whole or in part and the contractor may be declared
<br />ineligible for further Government contracts or federally assisted construction contracts in
<br />accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
<br />and such other sanctions may be imposed and remedies invoked as provided in Executive
<br />Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,
<br />or as otherwise provided by law.
<br />8. The contractor will include the portion of the sentence immediately preceding paragraph
<br />1(a)(ii) of this section and the provisions of subparagraphs (1) through (8) in every subcontract
<br />or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
<br />issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
<br />such provisions will be binding upon each subcontractor or vendor. The contractor will take
<br />such action with respect to any subcontract or purchase order as the administering agency
<br />may direct as a means of enforcing such provisions, including sanctions for noncompliance.
<br />Provided, however, that in the event a contractor becomes involved in, or is threatened with,
<br />litigation with a subcontractor or vendor as a result of such direction by the administering
<br />agency, the contractor may request the United States to enter into such litigation to protect
<br />the interests of the United States.
<br />b. COPELAND ANTI -KICKBACK ACT
<br />i. The Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be
<br />incorporated into any contract for construction work, or modification thereof, the following clause:
<br />9
<br />
|