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~ UNITEDSTIJTES B POSTIJL SERVICE. General Conditions to USPS Lease termination, rates of payor other forms of compensation, and selection for training (including apprenticeship). b, The contractor agrees to list all employment openings which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one where the contract is being performed. but excluding those of independently operated corporate affiliates, at an appropriate local office of the state employment service where the opening occurs. State and local government agencies holding Postal Service contracts of $10,000 or more will also list their openings with the appropriate office of the state employment servk:e. c. Usting of employment openings with the employment service system will be made at least concurrently with the use of any other recruitment source or effort and will Involve the normal obligations attaching to the placing of a bona fide job order. Including the acceptance of referrals of veterans and non-veterans. The listing of employment openings does not require the hiring of any particular applicant or hiring from any particular group of applk:ants. and nothing herein is intended to relieve the contractor from any other requirements regarding nondiscrimination in employment. d. Whenever the contractor becomes contractually bound to the listing provisions of this clause, it must advise the employment service system in each State where It has establishments of the name and location of each hiring location In the State. The contractor may advise the State system when it is no longer bound by this clause. e. Paragraphs b. c.. and d above do not apply to openings the contractor proposes to fill from within its own organization or under a customary and traditional employer/union hiring arrangement. But this exclusion does not apply to a partk:ular opening once the contractor decides to consider applicants outside its own organization or employer/union arrangements for that opening. f. Definitions 1. All Employment Openings. This includes all positions except executive and top management. those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This also includes full-time employment. temporary employment of more than three days duration, and part-time employment. Under the most compelling circumstances. an employment opening may not be suitable for listing, including situations in whk:h the needs of the Postal Service cannot reasonably be otherwise supplied, when listing would be contrary to national security, or when listing would not be in the best interest of the Postal Service. 2. Appropriate Office of the State Employment Service. This means the local office of the federal/state national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin Islands. 3. Positions That Will be Filled From Within the Contractor's Own Organization. This means employment openings for which no consideration will be given to persons outside the contractor's organization (Including any affiliates. subsidiaries and parent companies) and includes any openings which the contractor proposes to fill from regularly established recall lists. 4. Openings the Contractor Proposes to Fill Under a Customary and Traditional Employer/Union Hiring Arrangement. Employment openings the contractor proposes to fill from union halls as part of the customary and traditional hiring relationship existing between it and representatives of its employees. g. The contractor agrees to comply with the rules. regulations. and relevant orders of the Secretary of Labor Issued pursuant to the Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended. h. In the event of the contractor's noncompliance with this clause, action may be taken in accordance with the rules, regulations, and relevant orders of the Secretary. i. The contractor agrees to post in conspicuous places, available to employees and applicants. notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. These notices state the contractor's obligation under the law to take affirmative actlon to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the rights of applicants and employees. j. The contractor must notify each union or workers' representative with which it has a collective bargaining agreement or other understanding that the contractor is bound by the terms of the Act and is committed to taking affirmative action to employ. and advance in employment, qualified disabled veterans and veterans of the Vietnam era. k. The contractor must include this clause in every subcontract or purchase order of $10,000 or more under this contract unless exempted by rules. regulations, or orders of the Secretary issued pursuant to the Act, so Its provisions will be binding upon each subcontractor or vendor. The contractor must take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce in these provisions, including action for noncompliance. A.16 GRATUmES OR GIFTS a. The Postal Service may terminate this contract for default if, after notice and a hearing, the Postal Service Board of Contract Appeals determines that the contractor or the contractor's agent or other representative: 1. Offered or gave a gratuity or gift (as defined in 5 CFR 2635) to an offk:er or employee of the Postal Service; and 2. Intended by the gratuity to obtain a contract or favorable treatment under a contract. b. The rights and remedies of the Postal Service provided in this clause are in addition to any other rights and remedies provided by law or under this contract. A.17 HAZARDOUSlTOXIC CONOmONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1 % asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry. can be crumbled, pulverized, or reduced to powder by hand pressure. The lessor must identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphan and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Lessor agrees to disclose any information concerning the presence of lead- based paint, radon above 4 pCVl, and lead piping or solder in drinking water systems in the building, to the Postal Service. Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water. underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local. State or Federal law is subsequently RETERMSS (v2.2, June 1999) A.4 ~