AAWSAP Solicitation and Original Order, September 2008

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(End of Cl ause)
I . 45
52 . 222-20
WALSH-HEALEY PUBLIC CONTRACTS ACT (DEC 1996)
If this contract is for t he manufacture or furnishing of material s , supplies , articl es or equipment
in an amount that exceeds or may exceed $10, 000, and i s subject to the Walsh-Healey
Public
Contracts Act, as amended (4 1 u.s.c. 35- 45 ) , t he following
terms and conditions apply :
(a) Al l stipulations required by the Act and regulations i ssued by the Secretary of Labor (41 CFR
Chapter 50) are i ncorporated by
reference . These stipulations are subject to all applicabl e rulings
and i nterpretations of t he Secretary of Labor that are now, or may
hereafter, be i n effect .
(b) All employees whose work relates to t his contract shal l be paid not l ess than the minimum wage
prescri bed by regulations
issued by the Secretary of Labor (4 1 CFR 50-202 . 2) . Learners ,
student
learners, apprentices, and handicapped workers may be
empl oyed at less than the prescribed minimum
wage (see 41 CFR
50-202 . 3) t o the same extent that such employment is permitted under Section 14 of
the Fair Labor St andards Act (4 1 U. S. C. 40) .
(End of Clause)
I . 46
52 . 222-26
EQUAL OPPORTUNITY (MAR 2007)
(a ) "Definition ." "United States," as used i n this clause, means
the 50 States, the District of
Columbia, Puerto Rico, the Northern
Mariana Islands, American Samoa, Guam, the U. S . Virgin I slands ,
and Wake Island .
(b)
(2 ) If the Contractor is a religious corporation, association,
educational institution, or
society, t he requirements of t his clause do not
apply with respect t o the employment of individuals
of a particular religi on to perform work connected with t he carrying on of the Contract or#s
activities (41 CFR 60- 1 . 5) .
(C)
(1 ) The Contractor shall not discriminate against any employee or applicant for employment
beca use of race, color, rel igi on, sex, or national origin . However, it shal l not be a violat ion of
this c l ause for the Contractor to extend a publicly announced preference in employment to Indians
l iving on or near an Indian reservation, in connection with employment opportuniti es on or near an
I ndian
reservation, as permitted by 41 CFR 60- 1 . 5.
(2) The Contractor shall take affirmative action t o ensure
t hat applicants are empl oyed, and t hat
employees are treated during employment, without regard to their race,
color, religion, sex, or
national origin . This shall incl ude, but not be l i mited to-­
(ii) Upgrading;
(1 ) If, during any 12-month period (including t he 12 months
precedi ng the award of this
contract), the Contractor has been or i s awarded nonexempt Federal contracts and/or subcontracts
that
have an aggregate value in excess of $10, 000 , the Contractor shal l
comply with this clause,
except for work performed outside the United States by employees who were not recruited within the
United States . Upon request ,
the Contractor shall provide information necessary to determine the
applicability of t hi s clause .
(i) Employment ;
(iii ) Demotion;
(6) The Contractor shall compl y with Executi ve Order 11246,
as amended, and the rul es,
regulations , and orders of the Secretary of Labor.
(iv) Transfer;
(v) Recruitment or recruitment advertising;
(vi) Layoff or termination ;
(vii ) Rates of pay or other forms of compensation; a nd
(viii) Selecti on for t raining, includi ng apprenticeshi p .
(3 ) The Contractor shall post in conspicuous places avai labl e
to employees and applicants for
employment the noti ces to be provided by the Cont racting Off i cer that explain this clause .
(4 ) The Cont ractor shall , in all solicitati ons or advertisements for employees placed by or
on be half of the Contractor, state that a l l qualified applicants will receive consideration for
employment without regard to race, color , religion, se x, or national origin .
(5 ) The Contractor shall send, to each l abor 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 employmeri:tAGE 43 OF 59 HHM402-08-C-0072