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3 <br /> <br />noncompliance: Provided, however, that in the event a Proposer becomes involved in, or is <br />threatened with, litigation with a subcontractor or vendor as a result of such direction by the <br />administering agency the Proposer may request the United States to enter into such litigation to <br />protect the interests of the United States. <br /> <br />NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT <br />OPPORTUNITY (EXECUTIVE ORDER 11246). <br /> <br />SEE EXHIBIT H TO THE ITB FOR THE COMPLETE NOTICE <br /> <br />Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148, as supplemented by 29 CFR Part 5): If <br />applicable to this solicitation, the proposer agrees to comply with all provisions of the Davis <br />Bacon Act as amended (40 U.S.C. 3141-3148). Proposers are required to pay wages to laborers <br />and mechanics at a rate not less than the prevailing wages specified in a wage determination <br />made by the Secretary of Labor. In addition, contractors must be required to pay wages not less <br />than once a week. If the grant award contains Davis Bacon provisions, the City will place a copy <br />of the current prevailing wage determination issued by the Department of Labor in the <br />solicitation document. The decision to award a contract shall be conditioned upon the <br />acceptance of the wage determination. <br /> <br />Copeland Anti Kick Back Act (40 U.S.C. § 3145 as supplemented by 29 CFR Part 3): If applicable <br />to this Solicitation, proposer shall comply with all the requirements of 18 U.S.C. § 874, 40 U.S.C. <br />§ 3145, 29 CFR Part 3 which are incorporated by reference to this solicitation. Proposers are <br />prohibited from inducing by any means any person employed in the construction, completion or <br />repair of public work to give up any part of the compensation to which he or she is otherwise <br />entitled. <br /> <br />Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708 as supplemented by 29 <br />CFR Part 5): All contracts awarded in excess of $100,000 that involve the employment of <br />mechanics or laborers must be in compliance with 40 U.S.C. 3702 and 3704, as supplemented by <br />Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor <br />is required to compute the wages of every mechanic and laborer on the basis of a standard work <br />week of 40 hours. Work in excess of the standard work week is permissible provided that the <br />worker is compensated at a rate of not less than one and a half times the basic rate of pay for all <br />hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are <br />applicable to construction work and provide that no laborer or mechanic must be required to <br />work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. <br />These requirements do not apply to the purchases of supplies or materials or articles ordinarily <br />available on the open market, or contracts for transportation or transmission of intelligence. <br /> <br />Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. <br />1251–1387, as amended): Proposer agrees to comply with all applicable standards, orders or <br />regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water <br />Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the <br />Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). <br /> <br />Debarment and Suspension (2 CFR part 180, Executive Orders 12549 and 12689): Proposer <br />certifies that it and its principals, if applicable, are not presently debarred or suspended by any