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EXHIBIT 1 <br /> purchase order unless exempted by rules, regulations, or orders of the Secretary of <br /> Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, <br /> so that such provisions will be binding upon each subcontractor or vendor. The <br /> contractor will take such action with respect to any subcontract or purchase order as the <br /> administering agency may direct as a means of enforcing such provisions, including <br /> sanctions for noncompliance: <br /> Provided, however, that in the event a contractor becomes involved in, or is threatened <br /> with, litigation with a subcontractor or vendor as a result of such direction by the <br /> administering agency, the contractor may request the United States to enter into such <br /> litigation to protect the interests of the United States. <br /> The applicant further agrees that it will be bound by the above equal opportunity clause <br /> with respect to its own employment practices when it participates in federally assisted <br /> construction work: Provided, That if the applicant so participating is a State or focal <br /> government, the above equal opportunity clause is not applicable to any agency, <br /> instrumentality or subdivision of such government which does not participate in work on <br /> or under the contract. <br /> The applicant agrees that it will assist and cooperate actively with the administering <br /> agency and the Secretary of Labor in obtaining the compliance of contractors and <br /> subcontractors with the equal opportunity clause and the rules,regulations,and relevant <br /> orders of the Secretary of Labor, that it will furnish the administering agency and the <br /> Secretary of Labor such information as they may require for the supervision of such <br /> compliance, and that it will otherwise assist the administering agency in the discharge of <br /> the agency's primary responsibility for securing compliance. <br /> The applicant further agrees that it will refrain from entering into any contract or contract <br /> modification subject to Executive Order 11246 of September 24, 1965,with a contractor <br /> debarred from, or who has not demonstrated eligibility for, Government contracts and <br /> federally assisted construction contracts pursuant to the Executive Order and will carry <br /> out such sanctions and penalties for violation of the equal opportunity clause as may be <br /> imposed upon contractors and subcontractors by the administering agency or the <br /> Secretary of Labor pursuant to Part 11, Subpart D of the Executive Order. In addition,the <br /> applicant agrees that if it fails or refuses to comply with these undertakings, the <br /> administering agency may take any or all of the following actions: Cancel, terminate, or <br /> suspend in whole or in part this grant(contract, loan, insurance,guarantee); refrain from <br /> extending any further assistance to the applicant under the program with respect to <br /> which the failure or refund occurred until satisfactory assurance of future compliance has <br /> been received from such applicant;. and refer the case to the Department of Justice for <br /> appropriate legal proceedings. <br /> 4. DAVIS-BACON ACT <br /> a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal <br /> entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C.§§3141- <br /> 3144 and 3146-3148)as supplemented by Department of Labor regulations at 29 C.F.R. Part <br /> 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and <br /> Assisted Construction).See 2 C.F.R.Part200,Appendix II(D). In accordance with the statute, <br /> contractors must be required to pay wages to laborers and mechanics at a rate not less than <br /> the prevailing wages specified in a wage determination made by the Secretary of Labor. In <br /> addition, contractors must be required to pay wages not less than once a week. <br /> Ix Applicability. The Davis-Bacon Act applies to the Emergency Management Preparedness <br /> Grant Program,Homeland Security Grant Program, Nonprofit Security Grant Program,Tribal <br /> Homeland Security Grant Program, Port Security Grant Program,and Transit Security Grant <br /> Version August 19,2022 <br />