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(c) The Contractor/Seller agrees to post in conspicuous places
available to employees and applicants for employment the notices
to be provided by the Contracting Officer setting forth the
provisions of this nondiscriminaticn clause.
(d) The Contractor/Seller shall, in ail solicitations or
advertisements for employees placed by or an behalf of the
Coniractor/Seller, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex, OF national origin.
(e) The Contractor/Seller shall send, to each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding, the
notice to be provided by the Contracting Officer advising the
labor union or workers’ representative of the Contractor's
commitments under this clause, and post copies of the notice
in conspicuous places available to employees and applicants
for employment.
(f) The Contractor/Seller shall comply with Executive Order
11246, as amended, and the rules, regulations, and orders of
the Secretary of Labor.
(g) The Contractor/Seller shall furnish all information and reports
required by Executive Order 11246, as amended, Section 503 of
the Rehabilitation Act of 1973, as amended, and by rules,
regulations, and orders of the Secretary of Labor. or pursuant
thereto. The Contractor/Seller shall permit
access to its books, records, and accounts by the
Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and
orders.
(h) In the event of a that the Contractor/Seller is in noncompliance
with the nondiscrimination clauses of this contract or with any of
such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the
contractor/seller may be declared ineligible for further
Government contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(The contractor/seller will include the provisions of
Paragraphs (a) through (h) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions
will be binding upon each sub[contractor/seller] or vendor. The
[contractor/seller] will take such action with respect to any
subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provisions in
cluding sanctions for noncompliance: Provided, however, that
in the event the [contractor/seller] becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a
result of such direction, the [contractor/seller] may request the
United States to enter into such litigation to protect the
interests of the United States.
() Compliance with the requirements of this clause shall be
to the maximum extent consistent with, but not in
derogation of, compliance with section 7(b) of the Indian
Self-Determination and Education Assistance Act and the
Indian Preference clause of this contract.
40. Employment, Training, and Contracting
Opportunities for Low-Income Persons, Section 3 of the
Housing and Urban Development Act of 1968.
(a) The work to be performed under this contract is subject to
the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u (saction
3). The purpose of section 3 is to ensure that employment and
other economic opportunities generated by HUD assistance or
HUD.assisied projects covered by Section 3, shall, fo the greatest
extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for
housing.
{b) The parties to this contract agree to comply with HUD's
regulations in 24 CFR Part 75, which implement Section 3. As
evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other
impediment that would prevent them from complying with the
Part 75 regulations.
(c) The contractor agrees to send to each aber organization
or representative of workers with which the contractor has a
collective bargaining agreement or other understanding, if any,
a notice advising the labor organization or workers"
representative of the contracior's commitments under this
section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and
applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 prioritization
requirements and shall state the minimum percentages of labor
hour requirements established in the Benchmark Notice (FR-
6085-N-04),
(d) The contractor agrees to include this section 3 clause in
every subcontract subject to compliance with regulations in 24
CFR Part 75, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this
section 3 clause, upon a finding that the subcontractor is in
viclation of the regulations in 24 CFR Part 75. The contractor
will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has
been found in violation of the regulations in 24 CFR Part 75.
(@) Noncompliance with HUD’s regulations in 24 CFR Part 75
may result in sanctions, termination of this contract for default,
and debarment or suspension from future HUD assisted
sontracis.
( Contracts, subcontracts, grants, or subgrants subject to
Section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5307(b)) or subject to tribat
preference requirements as authorized under 101{k} of the
Native American Housing Assistance and Self-Determination
Act (25 U.S.C. 4111 (kK)) must provide preferences in
employment, training, and business opportunities to Indians and
Indian organizations, and are therefore not subject tc the
requirements of 24 CFR Part 75.
Previous editions are obsolete
Replaces form HUD-5370-A.
Page 14 of 19
form HUD-5370 (4/2014)Jump to an indexed page (88 of 88)