(b) If the University believes, with respect to any employee who is employed full-time on the contract work, that any proposed consultant or other comparable employment service for an organization in the atomic energy field, other than a DOE cost-type contractor, may involve a significant question concerning (1) possible conflict with the policies regarding conduct of employees as provided for in the introduction to Appendix A, (2) the University's responsibility to report fully and promptly to DOE all significant research and development information, or (3) the patent provision of the University's contract, the University shall obtain the prior approval of the Contracting Officer for such consultant or other comparable employment service.
"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint stock company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment or services of any kind.
"Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States.
"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.
"Subcontract" as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.
(b) The Anti-Kickback Act of 1986 (41 U.S.C. [[section]][[section]] 51-58) (the Act), prohibits any person from--
(2) Soliciting, accepting, or attempting to accept any kickback; or
(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.
(c)(1) The University shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.
(3) The University shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.
(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract, provided that the kickback is made or received by an officer or officers of The Regents of the University of California or someone acting as the Laboratory Director, and/or (ii) direct that the University withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the University shall notify the Contracting Officer when the monies are withheld.
(5) The University agrees to incorporate the substance of this clause, including subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract.
"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
"Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.
"Drug-free workplace" means the site(s) for the performance of work done by the University in connection with a specific contract at which employees of the University are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.
"Employee" means an employee of the University directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other University employee who has other than a minimal impact or involvement in contract performance.
"Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor.
(b) The University shall within 30 calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration), or as soon as possible for contracts of less than 30 calendar days performance duration--
(2) Establish an ongoing drug-free awareness program to inform such employees about--
(ii) The University's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause;
(4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will--
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction.
(5) Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
(6) Within 30 calendar days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including termination; or
(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) though (b)(6) of this clause.
(c) The University agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this contract.
(d) In addition to other remedies available to the Government, the University's failure to comply with the requirements of paragraphs (b) or (c) of this clause may, pursuant to FAR 23.506, render the University subject to suspension of contract payments, termination of the contract for default, and suspension or debarment.
(b) Whenever the University shall determine that any employee has become disabled or has died as a result of any special hazard listed below and the approval of the Contracting Officer has been obtained in accordance with the appropriate procedure set forth below, the University shall have the right to pay to such employee, his or her spouse, one or more of his or her next of kin, his or her designee, or to his or her legal representative, as the University may determine, a sum not exceeding $10,000, provided that when any such payment or payments have been made to an employee who has become disabled, no further payment shall be made by reason of the death of such employee which shall bring the total sum paid to an amount in excess of $10,000. It is expressly understood and agreed that the University assumes no obligation hereunder to make any payment from the University's own funds. A release may be required from the payee if the Contracting Officer and the University deem it necessary or appropriate.
(ii) Exposure to explosions due to atomic disintegrations or to explosions in the course of experimental work with or using high explosives or propellants, or to explosions arising in the course of field experimentation with nuclear propulsion systems.
(iii) Exposure to toxic materials comprising polonium, uranium, plutonium, fluorine, barium, cadmium, beryllium, any compounds of these, phosgene, or any other material in use in the course of authorized work which may be shown to have toxic effects.
(iv) Work assignments not specifically covered in this clause and of such a nature as will invalidate the employee's personal insurance otherwise applicable to the injury or death and in effect at the time of performance of the assigned duties. Payments will be in the amount of the voided insurance policies, but in no event in excess of $10,000.
(v) Exposure to hazards incident to flights in military aircraft in the course of which necessary experimental work is conducted. Where a release of liability has been signed, such release will in no way bar the employee from receiving any payment under this clause.
(vi) Exposure due to hazards from the fall of bombs or mockups from planes as opposed to hazards due to explosion.
(vii) Exposure in the course of employment incident to flights in chartered or military aircraft or transportation on military vessels. Where a release of liability has been signed, such release will in no way bar the employee from receiving any payment under this clause.
(viii) Exposure peculiar to and as the result of work assignment required to be conducted outside the continental United States.
(ix) Such other exposures not now known but which may later be discovered and which by the nature thereof are similar to the exposure or hazards hereinbefore set forth and in addition such other exposures as may from time to time be agreed upon in writing by the University and the Contracting Officer as a basis for payment.
(2) When the University determines that a disbursement under this clause on account of disability is justified, the procedure outlined below, subject to security requirements, shall be followed:
(i) The University shall make a preliminary finding of the type and percentage of disability from the following:
(B) Transcripts of hearings before and orders of any court, or industrial accident commission, or like administrative body relevant to the disability or death.
(C) Transcripts of all previous relevant medical and other records on the employee which can be obtained by the University.
(D) A report of the employee's daily activities for a reasonable period immediately prior to the preliminary finding.
(E) A brief chronological report of pertinent information surrounding the case from its inception to date of the preliminary finding.
(ii) The University shall transmit to the Contracting Officer the foregoing record in a covering letter requesting approval of a payment under this clause setting forth its findings of the cause, type and percentage of disability, its recommendation as to the just and reasonable amount of such payment and such other data as may be of assistance to the Contracting Officer in considering the request.
(iii) Thereafter, the Contracting Officer may request the University to supply further relevant information, reevaluate its findings or recommendations, and may refer, for information and advice, matters concerning the cause, type, percentage of the disability and other facts relevant to the case to a three-person medical board to be engaged by the University consisting of one nominee each by the Contracting Officer, the University and the employee. The fees and expenses of such a board, if any, shall be paid by the University as an allowable item of cost under Article VII, Clause 1, "Costs and Expenses," of this contract.
(iv) Within a reasonable time the Contracting Officer shall determine his disapproval of a payment as requested or its approval thereof in an amount specified and advise the University in writing of such determination. If the determination is unsatisfactory to the University, a representative of DOE and of the University shall confer and attempt to reach agreement. Failing such agreement, the Contracting Officer's determination shall be final.
(3) When the University determines that a disbursement under this clause on account of death is justified, the University's findings, medical and other records evidencing the death as a result of a special hazard, shall be transmitted to the Contracting Officer in a covering letter requesting approval of a payment under this article recommending the just and reasonable amount of such payment and setting forth the following data relative to the proposed recipient or recipients: name, address, relationship to the deceased, and whether or not of legal age. Applicable procedures outlined in paragraph (b)(2) of this clause shall be followed in the event of any question of fact, approval or disapproval of, and any disagreement relative to the proposed payment.
Prior to making any payment hereunder to the benefit of a recipient who is a minor or is otherwise under legal incapacity, the University shall obtain a certified copy of a judicial decree appointing a guardian of such person's estate.
(4) Whenever the University determines that a payment under this clause is justified, pursuant to paragraph (b) of this clause, for the cost of transportation of a spouse or next of kin of an employee who had died or become disabled, a letter request for approval of such payment, itemizing the estimated amount, and setting forth the names of recipients and facts supporting such payments shall be addressed to the Contracting Officer. Applicable procedures outlined in paragraph (b)(2) of this clause shall be followed in the event of any question of fact, approval or disapproval of, and any disagreement relative to, the proposed payment.
(c) The term "employee" as used in this clause shall mean any person who is or has been employed by the University or any subcontractor, or who is or has been engaged as a consultant or borrowed personnel by the University or any subcontractor, and who has become disabled or has died as a result of the special hazards, as referred to in paragraph (b) of this clause, encountered by the University in the conduct of its operation under this contract.
(d) The term "disabled" as used herein shall be deemed to include (1) temporary total disability; (2) temporary partial disability; (3) permanent total disability; and (4) permanent partial disability.
(e) In the event of an accident involving the specified hazards in which any employee shall sustain serious injuries, the University is authorized to pay, subject to the approval of the Contracting Officer, a reasonable amount for the cost of transportation (including hotel, subsistence and other incidental expenses) of the spouse and one or more of next of kin of such injured employee from their respective homes to the place where such injured employee shall be situated and their return therefrom at the conclusion of said visit.
(2) The term "Laboratory ARG/NEST Team" means that emergency response team established by the Laboratory at the request of DOE to be available, upon call by public authorities, through DOE, for immediate technical assistance and advice in accidents involving nuclear weapons or situations involving alleged unauthorized use of radioactive materials.
(3) The term "ARG/NEST assignment" means any activity of a Laboratory employee when engaged as a member of the Laboratory ARG/NEST Team.
(4) The term "ARG/NEST insurance coverage" means insurance coverage obtained by the University, with the consent of DOE, to cover each University employee member of the Laboratory ARG/NEST Team for accidental death, dismemberment, and disability occurring directly or indirectly from said employee's participation in an ARG/NEST assignment, including but not limited to travel to and from the ARG/NEST assignment.
(5) The term "ARG/NEST Roster" means the list maintained by tile Laboratory of University employees who have volunteered to serve on, and been accepted for, the Laboratory ARG/NEST Team.
(b) Notwithstanding the clause entitled "Special Hazards," whenever the University shall determine that any employee listed on the ARG/NEST Roster has become disabled or has died as a result of an ARG/NEST assignment, and the ARG/NEST insurance coverage has been found to have been invalidated or nonexistent, and the approval of the Contracting Officer has been obtained in accordance with the procedure set forth in paragraphs (b)(2) and (3) of the clause entitled "Special Hazards," the University shall have the right to pay such employee, or his or her spouse, or one or more of his or her next of kin, or his or her designee, or his or her legal representative, as the University may determine, a sum in the amount of the said insurance but in no event in excess of $1,000,000 provided that when any such payment shall have been made to an employee who has become disabled, no further payment shall be made by reason of the death of such employee which would bring the total sum paid to an amount in excess of $1,000,000. In the event of eligibility for payment, the University agrees to obtain prior to such payment a release from the payee if the Contracting Officer and the University deem it necessary or appropriate; and a commitment from the employee, or his or her spouse, or one or more of his or her next of kin, or his or her designee, or his or her legal representative, as appropriate, that (1) any payments which might later be made under any ARG/NEST insurance coverage would be credited to any payments made by the University, and (2) that the University and/or DOE shall have a right of subrogation against the company issuing the ARG/NEST insurance coverage policy to the amount of any payment(s) by the University.
(b) The University agrees to insert the substance of this clause, including this paragraph (b), in any subcontract to which a labor dispute may delay the timely performance of this contract; except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or the University, as the case may be, of all relevant information concerning the dispute.
The University agrees not to employ any person undergoing sentence of imprisonment in performing this contract except as provided by 18 U.S.C. [[section]] 4082(c)(2) and Executive Order 11755, December 29, 1973.
(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph (a) of this clause, the University and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the University and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions set forth in paragraph (a) of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause.
(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer shall upon his or her own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the University or subcontractor under any such contract or any other Federal contract with the University, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the University, such sums as may be determined to be necessary to satisfy any liabilities of the University or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause.
(d) Payrolls and basic records.
(2) The records to be maintained under paragraph (d)(1) of this clause shall be made available by the University or subcontractor for inspection, copying, or transcription by authorized representatives of the Contracting Officer or the Department of Labor. The University or subcontractor shall permit such representatives to interview employees during working hours on the job.
(e) Subcontracts. The University or subcontractor shall insert in any subcontracts the provisions set forth in paragraphs (a) through (e) of this clause and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The University shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in paragraphs (a) through (e) of this clause.
(b) During performing this contract, the University agrees as follows:
(2) The University shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.
(3) The University shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(4) The University shall, in all solicitations or advertisement for employees placed by or on behalf of the University, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
(5) The University 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 University's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.
(6) The University shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(7) The University shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. Standard Form 100 (EEO-1), or any successor form, is the prescribed form to be filed within 30 days following the award, unless filed within 12 months preceding the date of award.
(8) The University shall permit access to its books, records, and accounts by the contracting agency or the Office of Federal Contract Compliance Programs (OFCCP) for the purposes of investigation to ascertain the University's compliance with the applicable rules, regulations, and orders.
(9) If the OFCCP determines that the University is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the University may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the University as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law.
(10) The University shall include the terms and conditions of subparagraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
(11) The University shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the University becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the University may request the United States to enter into the litigation to protect the interests of the United States.
(c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1.
"Openings that the University proposes to fill from within its own organization," as used in this clause, means employment openings for which no one outside the University's organization (including any affiliates, subsidiaries, and the parent companies) will be considered and includes any openings that the University proposes to fill from regularly established "recall" lists.
"Openings that the University proposes to fill under a customary and traditional employer union hiring arrangement," as used in this clause, means employment openings that the University proposes to fill from union halls, under their customary and traditional employer-union hiring relationship.
"Suitable employment openings," as used in this clause--
(ii) Plant and office;
(iii) Laborers and mechanics;
(iv) Supervisory and nonsupervisory;
(v) Technical; and
(vi) Executive, administrative, and professional positions compensated on a salary basis of less than $25,000 a year; and
(2) Includes full-time employment, temporary employment of over 3 days, and part-time employment, but not openings that the University proposes to fill from within its own organization or under a customary and traditional employer-union hiring arrangement, nor openings in an educational institution that are restricted to students of that institution.
(b) General.
(ii) Upgrading;
(iii) Demotion or transfer;
(iv) Recruitment;
(v) Advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
(2) The University agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended.
(c) Listing openings.
(2) State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service.
(3) The listing of suitable employment openings with the State employment service system is required at least concurrently with using any other recruitment source or effort and involves the obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the University from any requirements of Executive orders or regulations concerning nondiscrimination in employment.
(4) Whenever the University becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system, in each State where it has establishments, of the name and location of each hiring location in the State. As long as the University is contractually bound to these terms and has so advised the State system, it need not advise the State system of subsequent contracts. The University may advise the State system when it is no longer bound by this contract clause.
(5) Under the most compelling circumstances, an employment opening may not be suitable for listing, including situations when (i) the Government's needs cannot reasonably be supplied, (ii) listing would be contrary to national security, or (iii) the requirement of listing would not be in the Government's interest.
(d) Applicability.
(2) The terms of paragraph (c) above of this clause do not apply to openings that the University proposes to fill from within its own organization or under a customary and traditional employer- union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of its own organization or employer-union arrangement for that opening.
(e) Postings.
(2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and provided by or through the Contracting Officer.
(3) The University shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the University is bound by the terms of the Act, and is committed to take affirmative action to employ, and advance in employment, qualified special disabled and Vietnam Era veterans.
(f) Noncompliance. If the University does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.
(g) Subcontracts. The University shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. The University shall act as specified by the Director to enforce the terms, including action for noncompliance.
(2) The total number of new employees hired during the period covered by the report, and of that total, the number of special disabled veterans, and the number of veterans of the Vietnam era.
(b) The above items shall be reported by completing the form entitled "Federal Contractor Veterans' Employment Report VETS-100."
(c) Reports shall be submitted no later than March 31 of each year beginning March 31, 1988.
(d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. The University may select an ending date: (1) As of the end of any pay period during the period January through March 1st of the year the report is due, or (2) as of December 31, if the University has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-I (Standard Form 100).
(e) The count of veterans reported according to paragraph (a) of this clause shall be based on voluntary disclosure. The University shall invite all special disabled veterans and veterans of the Vietnam era who wish to benefit under the affirmative action program at 38 U.S.C. [[section]] 2012 to identify themselves to the University. The invitation shall state that the information is voluntarily provided, that the information will be kept confidential, that disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment and that the information will be used only in accordance with the regulations promulgated under 38 U.S.C. [[section]] 2012.
(f) Subcontracts. The University shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary.
(ii) Upgrading;
(iii) Demotion or transfer;
(iv) Recruitment;
(v) Advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
(2) The University agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. [[section]] 793) (the Act), as amended.
(b) Postings.
(2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and provided by or through the Contracting Officer.
(3) The University shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the University is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified physically and mentally handicapped individuals.
(c) Noncompliance. If the University does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.
(d) Subcontracts. The University shall include the terms of this clause in every subcontract or purchase order in excess of $2,500 unless exempted by rules, regulations, or orders of the Secretary. The University shall act as specified by the Director to enforce the terms, including action for noncompliance.
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