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from inducing, by any means, any person employed in the construction, completion, <br />or repair of public work, to give up any part of the compensation to which he or she <br />is otherwise entitled. The non-Federal entity must report all suspected or reported <br />violations to the Federal awarding agency. <br />(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where <br />applicable, all contracts awarded by the non-Federal entity in excess of $100,000 <br />that involve the employment of mechanics or laborers must include a provision for <br />compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor <br />regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must <br />be required to compute the wages of every mechanic and laborer on the basis of a <br />standard work week of 40 hours. Work in excess of the standard work week is <br />permissible provided that the worker is compensated at a rate of not less than one <br />and a half times the basic rate of pay for all hours worked in excess of 40 hours in <br />the work week. The requirements of 40 U.S.C.3704 are applicable to construction <br />work and provide that no laborer or mechanic must be required to work in <br />surroundings or under working conditions which are unsanitary, hazardous or <br />dangerous. These requirements do not apply to the purchases of supplies or <br />materials or articles ordinarily available on the open market, or contracts for <br />transportation or transmission of intelligence. <br />(F) Rights to lnventions Made Under a Contract or Agreement. lf the Federal award <br />meets the definition of "funding agreement" under 37 CFR S 401 .2 (a) and the <br />recipient or subrecipient wishes to enter into a contract with a small business firm or <br />nonprofit organization regarding the substitution of parties, assignment or <br />performance of experimental, developmental, or research work under that "funding <br />agreement," the recipient or subrecipient must comply with the requirements of 37 <br />CFR Part 401, "Rights to lnventions Made by Nonprofit Organizations and Small <br />Business Firms Under Government Grants, Contracts and Cooperative <br />Agreements," and any implementing regulations issued by the awarding agency. <br />(G) Clean AirAct (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control <br />Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in <br />excess of $150,000 must contain a provision that requires the non-Federal award to <br />agree to comply with all applicable standards, orders or regulations issued pursuant <br />to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control <br />Act as amended (33 U.S,C. 1251-1387). Violations must be reported to the Federal <br />awarding agency and the Regional Office of the Environmental Protection Agency <br />(EPA). <br />(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract <br />award (see 2 CFR 180.220) must not be made to parties listed on the <br />governmentwide exclusions in the System for Award Management (SAM), in <br />accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders <br />12549 (3 cFR part 1986 comp., p. 189) and 12G89 (3 cFR part 1989 comp., p. <br />235), "Debarment and Suspension." SAM Exclusions contains the names of parties <br />debarred, suspended, or othenryise excluded by agencies, as well as parties declared <br />ineligible under statutory or regulatory authority other than Executive Order 1254g. <br />MLE L23-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant) page 30 of <br />33